No Arbitration For Skilled Nursing Facility In Elder Abuse Case.

A patient sued a skilled nursing facility for elder abuse based on alleged negligent care.  Her daughter sued the same defendants in the same complaint for negligent infliction of emotional distress based on what she allegedly observed her mother go through. The mother had signed an arbitration agreement, and defendants moved to compel arbitration.  The trial court exercised its discretion under Code of Civil Procedure section 1281.2(c), to deny because of the possibility of conflicting rulings from the mother’s and daughter’s separate claims.  The appellate court affirmed, finding Code of Civil Procedure section 1281.2(c) is not preempted by the Federal Arbitration Act, the daughter was not bound by the agreement pursuant to the holding in Ruiz v. Podolsky (2010) 50 Cal.4th 838, [237 P.3d 584; 114 Cal.Rptr.3d 263] [“. . .the Supreme Court’s holding there does not apply to her because this case does not involve a wrongful death claim by [the daughter] predicated on medical malpractice. . .”], and the trial court did not abuse its discretion.  Bush v. Horizon West  (Cal. App. Third Dist.; April 30, 2012) 205 Cal.App.4th 924, [140 Cal.Rptr.3d 258].