Lopez

Lopez v. Bartlett Care Ctr., LLC

Good Law
251 Cal. Rptr. 3d 813·39 Cal. App. 5th 311
Court of Appeal of CaliforniaJuly 30, 2019G056249California3,968 words

Opinion

Lead Opinion

Aronson, J.

*313 Defendant, a 24-hour skilled nursing facility, appeals from the order denying its petition to compel arbitration of claims asserting negligent or willful misconduct, elder abuse, and wrongful death filed against it by decedent's daughter as successor in interest and individually. The trial court found the successor claims were not arbitrable because no arbitration agreement existed between decedent and defendant, given defendant's failure to prove daughter had authority to sign the agreement on decedent's behalf. The court further found the arbitration agreement was unenforceable against daughter individually on grounds of unconscionability. We affirm.

I

BACKGROUND

Irene Lopez (Irene), 1 a dependent adult within the meaning of Welfare and Institutions Code section 15610.23, was admitted to defendant Bartlett Care Center, doing business as French Park Care Center (the Facility), on October 5, 2016, with a medical history of diabetes, dementia, end-stage renal disease, generalized muscle weakness, and other debilitating conditions. At the end of October, a brief hospitalization interrupted Irene's stay at the Facility. She returned to the Facility (the return or second…

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