California Court of Appeal

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Bush v. Horizon West, C067277

In an action in which one plaintiff sued the operators of a skilled nursing facility for elder abuse based on their alleged neglect in providing her care and treatment at the facility and the plaintiff's daughter sued the same defendants for negligent infliction of emotional distress based on her alleged observation of the harm they caused her mother through their neglect, the trial court's denial of the defendants' motion to compel arbitration is affirmed, where: 1) CCP section 1281.2(c) was not preempted by the Federal Arbitration Act; 2) the parties did not agree that section 1281.2(c) would not apply; 3) the daughter was not bound by the arbitration agreement; and 4) there was no abuse of discretion in the trial court's determination that there was a possibility of conflicting rulings.

Appellate Information

  • Decided 04/30/2012
  • Published 04/30/2012

Judges

  • Robie

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Perry, Johnson, Anderson, Miller & Moskowitz, Clement & Saraiva