California Panel:  Deceased Care Facility Resident’s Claims Must Be Arbitrated

(November 25, 2020, 2:20 PM EST) -- SAN DIEGO — Because a woman signed an arbitration agreement as an agent of her husband when he entered a residential care facility, his claims for elder abuse and wrongful death must be arbitrated, even though the widow’s individual wrongful death claim is not subject to arbitration, a California appellate court held Nov. 20, partially reversing a trial court’s ruling (James E. Gibbons, et al. v. Silverado Senior Living Management, Inc., No. D076703, Calif. App., 4th Dist., 2020 Cal. App. Unpub. LEXIS 7669)....