Naganuma

I. BACKGROUND

On May 28, 2020, plaintiffs filed a civil complaint alleging causes of action against Windsor for negligence, negligent infliction of emotional distress, elder abuse, violation of statutory rights, wrongful death and violation of the right to inspect and copy medical records. The complaint alleged that Gary was admitted to a skilled nursing facility in 2019 at the age of 66 for rehabilitation following the partial amputation of his foot due to diabetes, and that he died after a series of physical ailments culminating in sepsis caused by a bed sore. Windsor filed a motion to compel arbitration, alleging that Debbie, as Gary’s authorized representative, had signed a separate arbitration agreement on his behalf in connection with his admission to the Windsor facility. They attached the arbitration agreement signed by Debbie, in which she certified, “By virtue of Resident’s consent, instruction and/or durable power of attorney, I hereby certify that I am authorized to act as Resident’s agent in executing and delivering of this arbitration

Further statutory references are to the Code of Civil

Procedure. 2 agreement. I acknowledge that the facility is relying on this…