Judge: Christopher K. Lui, Case: 24STCV13691, Date: 2025-02-27 Tentative Ruling

Case Number: 24STCV13691    Hearing Date: February 27, 2025    Dept: 76

            Plaintiffs allege that decedent suffered two falls while residing at Defendant’s Residential Care Facility for the Elderly, which injuries eventually led to her death.

            Defendant Palmcrest Grand Home Assisted Living, LLC dba Palmcrest Grand Residence moves to compel arbitration and to stay this action pending arbitration.

            The hearing on Defendant Palmcrest Grand Home Assisted Living, LLC dba Palmcrest Grand Residence’s motion to compel arbitration and to stay this action pending arbitration is CONTINUED to April 11, 2025 at 8:30 a.m.

            The Court requests further briefing and evidence from the parties regarding the following: (1) the terms of decedent Sally Senner’s stay at Defendant Palmcrest Grand Residence’s RCFE, including whether she assigned a unit (the Admission Agreement does not specify one--¶ 4); (2) any monthly fees (rent) that was paid for her to reside there (the Admission Agreement specifies “Itemized statement will be provided”--¶ 14 (monthly costs); and (3) whether the arbitration agreement was presented before Senner took actual possession of the premises—see Civil Code, § 1953(b). This is relevant to the Court’s analysis of Civil Code § 1953(a)(2), (4) and (b), and whether the situation at hand is similar to that presented in (Harris v. University Village Thousand Oaks CCRC LLC (2020) 49 Cal.App.5th 847, which found that Civil Code, § 1953(a)(4) prohibits arbitration agreements pertaining to tenancy provision in a continuing care retirement community. (Id. at 850.)

            Defendant’s supplemental brief and evidence is due March 14, 2025. Plaintiffs’ supplemental opposition and evidence is due March 28, 2025. Defendant’s reply is due April 4, 2025.