California Court of Appeal

In a suit against an assisted living facility that was ordered to arbitration with severance of one provision of the arbitration clause that specified that each party would bear its own attorney fees and costs in the arbitration, the trial court's decision to sever that clause is affirmed, where the plaintiff had a statutory right to recover attorney fees and costs under section 15657 of the Elder Abuse Act, and attempted waiver of that right through an arbitration clause was contrary to public policy.

Appellate Information

• Decided 05/21/2012
• Published 05/21/2012

Judges

• Kane

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John L. Supple, William T. McLaughlin II