California Court of Appeal

In action for elder abuse, wrongful death, and related survival claims against defendant owners and operators of a residential care facility for the elderly, trial court's order denying defendants' petition to arbitrate claims is affirmed, where: 1) the trial court did not abuse its discretion in refusing to compel arbitration of any of the claims; 2) Herbert v. Superior Court (1985) 169 Cal.App.3d 718 has no bearing on third party wrongful death claims outside the context of medical malpractice claims pursuant to CA Code of Civil Procedure section 1295; and 3) the trial court did not abuse its discretion in determining there was a possibility of conflicting rulings on common questions of law and fact if the survivor claims but not the wrongful death claim were ordered to arbitration.

Appellate Information

• Decided 01/04/2013
• Published 01/04/2013

Judges

• KING

Court

• California Court of Appeal

Counsel