Root

I. FACTS AND PROCEDURAL HISTORY

Appellant Emeritus at Westwind Gardens is a residential care facility for the elderly that is managed and operated by appellant Emeritus Corporation. In California, a residential care facility for the elderly is a housing arrangement in which 75 percent of the residents are at least 60 years old and staff provides varying levels of care and supervision. (Cal. Code Regs., tit. 22, § 87101, subd. (r)(5).) Geneva Benthin (Benthin) lived at Emeritus at Westwind Gardens for about two years before her death in September 2010 at the age of 94. For convenience and consistent with the parties‟ practice, we will refer to Emeritus at Westwind Gardens and Emeritus Corporation collectively as “Emeritus.” A. Agreements and Powers of Attorney As part of the paperwork for Benthin‟s admission to Emeritus in August 2008, Benthin‟s daughter, Joyce Root, signed a Resident Agreement and checked two boxes on the agreement indicating that Root was the responsible party and had power of attorney to act on Benthin‟s behalf. On that same day, Root also signed an “Agreement to Resolve Disputes by Binding Arbitration” (Arbitration Agreement) as Benthin‟s “authorized…