California Panel Affirms Denial Of Arbitration In Nursing Home Negligence Case

(November 19, 2020, 1:40 PM EST) -- LOS ANGELES — A trial court correctly applied the rule in Roldan v. Callahan & Blaine in ordering a nursing home to pay the full costs of arbitrating a negligence and elder abuse action against it or have its petition to compel arbitration denied, a California appellate panel held Nov. 16, agreeing with the lower court that the plaintiff could not afford to pay the costs of the arbitration under a fee-splitting provision in the agreement (Simon Butler v. KSM Healthcare, Inc., No. B302991, Calif. App., 2nd Dist., Div. 3, 2020 Cal. App. Unpub. LEXIS 7527)....

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