Holland

BACKGROUND

I. Arbitration Agreement

Skyler was a resident of Asistencia, a licensed 24-hour skilled nursing facility. On January 5, 2020, he signed a document titled, “Resident-Facility Arbitration Agreement” (arbitration agreement). (Bolding and capitalization omitted.) The arbitration agreement provides, in relevant part, “that any dispute as to medical malpractice” and “any dispute . . . that relates to the provision of care, treatment and services the Facility provides to the Resident . . . , including any action for injury or death arising from negligence, intentional tort and/or statutory causes of action (including all California Welfare and Institutions Code sections), will be determined by submission to binding arbitration . . . .” The arbitration agreement states that it “is binding on all parties, including the Resident’s representatives, executors, family members, and heirs.” It “exclude[s]” section 1281.2, subdivision (c),4 and further provides that “[t]he parties do not

All further statutory references are to the Code of Civil Procedure unless otherwise indicated. “Section 1281.2[, subd.] (c) grants a trial court discretion [to refuse] to enforce…