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Arbitration Cases

  • Who Can Bind a Resident to Pre-Dispute Arbitration

  • An agent operating under a health care power of attorney form can.

  • Garrison v. Superior Court (2005) 132 Cal.App.4th 253

    Hogan v. Country Villa Health Services (2007) 148 Cal.App.4th 259
  • An agent cannot if her authority to act has not been established under the terms or procedures specified in the power of attorney.

  • Young v. Horizon West, Inc. (2013) 163 Cal.Rptr.3d 704

    Goldman v. Sunbridge Healthcare, LLC (2013)
  • A family member, without any other legal authority, cannot.
  • Pagarigan v. Libby Care Center, Inc. (2002) 99 Cal.App.4th 298

    Goliger v. AMS Properties, Inc. (2004) 123 Cal.App.4th 374
  • A spouse, without any other legal authority, cannot.
  • Flores v. Evergreen at San Diego, LLC (2007) 148 Cal.App.4th 581
  • To What Extent Can Third Parties Be Bound By a Pre-Dispute Arbitration Agreement?
  • Residents cannot waive the right of survivors to pursue a wrongful death claim against an assisted living facility.
  • Daniels v. Sunrise Senior Living, Inc. (2013) 212 Cal.App.4th 674
  • Residents can waive the right of third parties to pursue their own individual claims against health care providers like nursing homes.
  • Bolanos v. Khalatian (1991) 231 Cal.App.3d 1586

    Ruiz v. Podolsky (2010) 50 Cal.4th 838
  • Agents who sign on behalf of the resident, but not in their individual capacity, are not bound in their individual capacity.
  • Avila v. Southern California Specialty Care, Inc. (2018) 20 Cal.App.5th 835
  • Pre-Dispute Arbitration Agreements Can Be Unconscionable.
  • Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83

Page Last Modified:November 21, 2018