Tuzzolino v. Windsor Twin Palms Healthcare etc. CA2/4

California Court of Appeal Mar 15, 2022 No. B315867Unpublished

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Holding. The court held that an agent lacked the authority to bind a principal to an arbitration agreement because the underlying power of attorney expressly prohibited the agent from making healthcare decisions, and the agreement was not a necessary condition for admission.

Issues

Whether a durable power of attorney granted an agent the authority to execute an arbitration agreement on behalf of a principal.
Whether the trial court or an arbitrator should determine the validity of an arbitration agreement when its formation is challenged.
Whether the Federal Arbitration Act preempts state law regarding an agent's authority to bind a principal to arbitration.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Pamala’s execution of the arbitration agreement was unauthorized and accordingly, affirm.”

“Before a delegation clause can be enforced, however, the court determines whether a valid arbitration agreement exists.”

“Pamala’s execution of the arbitration agreement violated the express term of the DPOA stating it “does not authorize anyone to make medical and other health-care decisions for [Paul].””

Filed 3/15/22 Tuzzolino v. Windsor Twin Palms Healthcare etc. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

PAUL TUZZOLINO et al., B315867 Plaintiffs and Respondents, (Los Angeles County v. Super. Ct. No. 20STCV47447) WINDSOR TWIN PALMS HEALTHCARE CENTER, LLC, et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Olivia Rosales, Judge. Affirmed. Giovanniello Law Group, Alexander F. Giovanniello and Cadmus B. Wang for Defendants and Appellants. Lanzone Morgan, Ayman R. Mourad and Alexander S. Rynerson for Plaintiffs and Respondents.

_______________________________________

INTRODUCTION

Plaintiff Pamala Tuzzolino signed an arbitration agreement purportedly on behalf of her deceased husband, Paul Tuzzolino, when admitting him to a skilled nursing facility.1 Following Paul’s discharge from the facility, Paul and Pamala sued the nursing facility, Windsor Twin Palms Healthcare Center, LLC dba Windsor Palms Care Center of Artesia, and its owners and operators, S&F Management Company, LLC and Windsor OMG Holding Company II, LLC (collectively, Windsor) for negligence and elder abuse. Windsor filed a petition to compel arbitration under the arbitration agreement Pamala executed. The trial court denied Windsor’s petition, concluding Pamala lacked authority to sign the agreement on Paul’s behalf. We agree Pamala’s execution of the arbitration agreement was unauthorized and accordingly, affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2017, Paul executed a Durable Power of Attorney (DPOA) appointing Pamala as his agent for specified matters. As relevant here, subdivision “J” of the DPOA, titled “Personal and family maintenance,” granted Pamala the authority “[t]o hire accountants, attorneys at law, consultants, clerks, physicians, nurses, agents . . . and to remove them, . . . and to pay and allow the persons so employed such salaries, wages, or other remunerations, as [Pamala] shall deem proper.” The DPOA

Tuzzolino v. Windsor Twin Palms Healthcare etc. CA2/4

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

INTRODUCTION

FACTUAL AND PROCEDURAL BACKGROUND

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DISCUSSION

CURREY, J.

MANELLA, P.J.

COLLINS, J.

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