Stow v. B-East CA4/1

Filed 3/17/25 Stow v. B-East CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

CHERYL STOW et al., D083518

Plaintiffs and Respondents,

v. (Super. Ct. No. 37-2023- 00005794-CU-NP-CTL) B-EAST, LLC,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Kenneth J. Medel, Judge. Affirmed. Giovanniello Law Group, Alexander F. Giovanniello and Daniel J. Kim, for Defendant and Appellant. Niddrie Addams Fuller Singh and John S. Addams; Pick Law, Lukas I. Pick, Casey M. Moore; Elder Law & Advocacy and Andrew A. Thompson, for Plaintiffs and Respondents. B-East, LLC—which owns and operates Amaya Springs Healthcare Center, a nursing facility—appeals an order denying its petition to compel arbitration of claims brought by decedent Charles Stow, Jr.’s successors in interest Respondents Cheryl Stow, Richard Stow, and David Stow relating to

B-East’s care of decedent. B-East claims on appeal the trial court erred in ruling (1) decedent did not sign an arbitration agreement, because that decision was not supported by substantial evidence; and (2) the arbitration agreement did not bind Respondents as non-signatories. We find this matter appropriately resolved by memorandum opinion (see generally People v. Garcia (2002) 97 Cal.App.4th 847) and affirm. I. As a preliminary matter, rule 8.204(a)(1)(C) of the California Rules of Court states an appellate brief must “[s]upport any reference to a matter in the record by a citation to the volume and page number of the record where the matter appears.” B-East’s near failure to cite the record is grounds to decline to consider its noncompliant contentions (Rybolt v. Riley (2018) 20 Cal.App.5th 864, 868), but in our discretion we overlook this shortcoming and decide this appeal on the merits. On May 8, 2022, decedent was admitted to B-East, a nursing facility in Spring Valley, California, for rehabilitation following ankle surgery. On June 7, decedent was discharged from B-East for hospital care. On June 18, B-East readmitted decedent. Decedent required assistance with basic daily living activities because of the surgery and diabetes. In October, decedent was found unresponsive and was transferred to a hospital for emergency care. Decedent was dehydrated, malnourished, and septic, and he had pressure ulcers. Decedent never recovered, and he passed away. Respondents filed a lawsuit on decedent’s behalf alleging statutory elder abuse (Welf. & Inst. Code, § 15600 et seq.), negligence, and violation of the Patient’s Bill of Rights (Health & Saf. Code, § 1430). Respondents also brought individual wrongful death claims.