Judge Denies Nursing Home’s Motions For Arbitration, To Strike Class Claims

Mealey's (January 30, 2019, 12:00 PM EST) -- SAN FRANCISCO — A federal judge in California on Jan. 25 denied a nursing home’s motions to compel arbitration brought by two plaintiffs, dismiss claims accusing it of violating the Americans with Disabilities Act (ADA), Unruh Civil Rights Act, California Business and Professions Code Section 17200 and Consumer Legal Remedies Act (CLRA) and strike the plaintiffs’ class claims, finding that the plaintiffs’ claims were not subject to arbitration provisions and that the claims satisfied the requirements of Federal Rules of Civil Procedure 12(b)(6) and 9(b) (Stacia Stiner, et al. v. Brookdale Senior Living Inc., et al., No. 17-cv-03962-HSG, N.D. Calif., 2019 U.S. Dist. LEXIS 12552)....