Carter v. Chancellor Health Care of Cal. VIII, Inc. CA3

Filed 4/28/21 Carter v. Chancellor Health Care of Cal. VIII, Inc. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

ANITA CARTER, AS SUCCESSOR IN INTEREST, C089986 ETC., et al., (Super. Ct. No. Plaintiffs and Respondents, 34201800230309CUNPGDS)

v.

CHANCELLOR HEALTH CARE OF CALIFORNIA VIII, INC., et al.,

Defendants and Appellants.

Defendants Chancellor Health Care of California VIII, Inc., et al., doing business as Revere Court (Revere), appeal from the trial court’s denial of its petition to compel arbitration against plaintiffs Anita Carter et al. (individually Carter or collectively plaintiffs). On appeal, Revere contends (1) the trial court relied on improper legal criteria in determining that Carter’s son, who signed the agreement, needed a medical power of attorney in order to bind plaintiffs to arbitrate; (2) the trial court erred in concluding the

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arbitration provision was unconscionable; and (3) the trial court abused its discretion in refusing to stay a wrongful death claim while the elder abuse claim proceeded to arbitration. We affirm the judgment.

FACTS AND PROCEDURAL HISTORY Carter, though her successor-in-interest, sued Revere, an assisted living facility, for elder abuse. A wrongful death claim was also brought by Carter’s children, suing as individuals. After answering the complaint, Revere petitioned to compel arbitration, arguing “Plaintiff” had signed an unambiguous arbitration agreement. A copy of a “Residence and Care Agreement,” an “application for residency in assisted living facility,” and an “authorization form” for “Long-Term Care Program,” were attached to the petition. The Residence and Care Agreement began: “This Agreement is made between Chancellor Heath Care of California VIII, Inc., a Delaware Corporation (‘CHCC’) and ______ (‘You’ or ‘Resident’).” On that blank line, Carter’s son’s name was handwritten. Several pages later, under a heading “signature by your agent,” the agreement provided: “This Agreement must be signed by your Agent. Your Agent is any person including a relative, health care decision maker, or placement agency, who assists you in placement, or assumes varying degrees of responsibility for your well being.” Several pages after that, a clause titled “arbitration,” provided in part: “This arbitration clause binds all parties to this Agreement and their spouses, heirs, representatives, executors, administrators, successors, assigns, managers, and agents as applicable.” Finally, at the end of the agreement was a signature page, with a signature line for “Resident’s Agent.” It was signed by Carter’s son. The first page of the “application for residency in assisted living facility” stated that, “[t]his application will become a part of the ‘Residence and Care Agreement.’ ”