Valentine

Valentine v. Plum Healthcare Grp., LLC

Good Law
249 Cal. Rptr. 3d 905·37 Cal. App. 5th 1076
Court of Appeal of CaliforniaJuly 2, 2019C080940California5,040 words

Opinion

Lead Opinion

Hull, J.

*908 *1080 The owners and operators of a skilled nursing facility contend the trial court erred when it denied their petition to compel arbitration. They attempted to enforce arbitration in this action for elder abuse and wrongful death brought by a decedent through her husband as successor in interest, her husband individually, and their children. Appellants claimed the successor had signed the arbitration agreements as the decedent's authorized agent. The trial court determined that although the successor did not sign the agreements as the decedent's agent, he expressly bound himself to arbitrate all claims he held individually and as the successor in interest. As a result, the decedent's claim for elder abuse and the husband's individual claim for wrongful death were subject to arbitration. However, the court denied the petition because the children's claims were not subject to arbitration, and allowing the arbitration and the litigation to proceed concurrently could result in inconsistent findings of fact and law.

We affirm the judgment.

FACTS AND PROCEEDINGS

A. Signing the arbitration agreements

Defendants Plum Healthcare Group, LLC, and White Fir Holdings, LLC, own and…

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