No Arbitration Because Of Possibility Of Conflicting Rulings.

Plaintiff sued a residential care facility for elder abuse and wrongful death regarding alleged inadequate care. As her mother’s attorney in fact, plaintiff had entered into a “residency agreement” with the facility, which agreement contained an arbitration clause, but plaintiff did not enter the agreement in her personal capacity. Under the arbitration clause, all claims related to the care plaintiff’s mother received at the facility are subject to binding arbitration, and the clause is binding on heirs and representatives. The trial court denied the petition to compel arbitration because plaintiff is a third party to the agreement and could not be compelled to arbitrate her wrongful death claim, and there was a possibility of conflicting rulings on common issues of fact and law if the survivor claims were arbitrated but the wrongful death claim was not. The appellate court found the trial court did not abuse its discretion and affirmed. Daniels v. Sunrise Senior Living  (Cal. App. Fourth Dist., Div. 2; January 4, 2013) 212 Cal.App.4th 674.