Mandatory Arbitration Clauses in NH Admission Contracts

Jacob Diesselhorst

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Flores v. Evergreen at San Diego, LLC, No. D048002 (Cal. 4th App. Dist. March 13, 2007)

This case was decided by the 4th District yesterday here in California. It invalidated an arbitration agreement in a SNF admission contract, signed by a husband on behalf of his wife, who was being admitted to the SNF. The husband did not have power of attorney, and they rejected the argument that simply by being spouse he was her "agent" and the argument that waiver of jury trial is a "medical decision".

Flores v. Evergreen at San Diego, LLC, No. D048002 (Cal. 4th App. Dist. March 13, 2007)

In case involving arbitration agreements signed by plaintiff-husband when admitting plaintiff-wife into a skilled nursing facility, denial of the facility's petition to compel arbitration is affirmed as the husband did not have authority to bind his wife to the arbitration agreement.

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