Taylor
Taylor v. Eclipse Senior Living, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
10 JENNIFER JANET TAYLOR, CASE NO. 20-cv-0190-LAB-WVG individually and on behalf of all others similarly situated, ORDER DENYING MOTION TO
COMPEL ARBITRATION
Plaintiff, WITHOUT PREJUDICE [Dkt. 17] vs. ECLIPSE SENIOR LIVING, INC.;
ECLIPSE PORTFOLIO
16 OPERATIONS LLC, and EC OPCO CA PARTNER V LLC, Defendant.
Defendants Eclipse Senior Living, Inc., Eclipse Portfolio Operations LLC, and EC Opco CA Partner V LLC (collectively, “Eclipse”) filed a motion to compel arbitration and to dismiss or stay this action. Plaintiff Jennifer Janet Taylor opposes, in part because the arbitration agreement in question doesn’t mention any Eclipse entity—it purports to bind, instead, “Elmcroft Senior Living.” Eclipse tries to avoid this problem by asserting that Elmcroft is its fictitious name, but if that’s so, Eclipse hasn’t registered that name with the California Secretary of State and so it can’t enforce any…