Provision In Arbitration Agreement Contrary To Public Policy.

Plaintiff sued a nursing home alleging negligent care and treatment.  Defendant petitioned to compel arbitration, pursuant to an arbitration agreement, which the trial court granted, after severing the attorney fee provision which stated the parties would bear their own attorney fees and costs.  The trial judge explained that provision was contrary to the Elder Abuse Act [Welfare and Institutions Code section 15657] which calls for recovery to a prevailing plaintiff.  The arbitrator made an award to the plaintiff and added $666,725.30 for attorney fees and another $94,694.70 for costs.  The trial court affirmed the award and defendants appealed.  The appellate court agreed with the trial court and found the waiver of attorney fees was contrary to public policy.  Bickel v. Sunrise Assisted Living  (Cal. App. Fifth Dist.; May 21, 2012) 206 Cal.App.4th 1, [141 Cal.Rptr.3d 586].