Case Details and Video Transcript:

Filed 4/16/24 Certified for Publication 5/10/24 (order attached) 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA 

SECOND APPELLATE DISTRICT 

DIVISION TWO JONIE A. HOLLAND et al., Plaintiffs and Respondents, v. SILVERSCREEN HEALTHCARE, INC., Defendant and Appellant.

B323237 (Los Angeles County Super. Ct. No. 22STCV01945)

Two parents sued a skilled nursing facility over the death of their son alleging a survivor claim and a wrongful death claim.

The nursing facility moved to arbitrate both claims arguing that the decedent signed an arbitration agreement. The Superior Court of Los Angeles County granted the motion but only as to the survivor claim reasoning that the nursing home did not have an enforceable arbitration agreement with the parents. The court relied heavily on the case of Avila versus Southern California Specialty Care, Inc.

The appellate court, however, reversed the trial court’s decision as to the wrongful death claim. The appellate court agreed with the nursing home’s argument that according to the case of Ruiz versus Podolsky and Code of Civil Procedure section twelve ninety-five, the parents were bound by the arbitration agreement signed by their deceased son.

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