California Court of Appeal

In a suit brought by survivors of decedent who died following plastic surgery by physician-defendant, alleging causes of action for wrongful death, medical malpractice and survivorship, the trial court's denial of defendants' motions to compel arbitration is reversed where: 1) the three arbitration agreements are subject to limited preemptive effect of the Federal Arbitration Act; 2) the 30-day rescission right in Code of Civil Procedure section 1295(c) is preempted by the Federal Arbitration Act; and thus 3) the motions to compel arbitration should have been granted.

Appellate Information

• Published 2016/06/22

Judges

• TURNER

Court

• California Court of Appeal

Counsel