Judge: James A. Mangione, Case: 37-2022-00040419-CU-PO-CTL, Date: 2023-08-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - August 24, 2023

08/25/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00040419-CU-PO-CTL DUTRA VS VILLA RANCHO BERNARDO HEALTH CARE LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Villa Rancho Bernardo Health Care LLC's Motion to Compel Arbitration is granted in part.

The Court finds that Decedent verbally granted express authorization for Plaintiff to sign the Arbitration Agreement at issue. (Lopez v. Bartlett Care Center, LLC (2019) 39 Cal.App.5th 311, 318 ('An agency relationship may arise by oral consent or by implication from the conduct of the parties. However, an agency cannot be created by the conduct of the agent alone; rather, conduct by the principal is essential to create the agency.' (alterations omitted)).) Therefore, Defendant has met its burden to show that there is a valid agreement to arbitrate the survivor claims asserted on Decedent's behalf. Furthermore, the Court finds that the Arbitration Agreement is governed by the FAA, which preempts any 'categorical rule prohibiting arbitration of a particular type of claim.' (Valley View Health Care, Inc. v. Chapman (E.D. Cal. 2014) 992 F.Supp.2d 1016, 1040.) Therefore, it is preempted by the FAA, and Plaintiff is compelled to arbitrate this claim.

The Court concludes that Defendant did not waive its right to arbitration and that any delay in filing the instant motion to compel arbitration did not prejudice Plaintiff. However, because Defendant failed to address Plaintiff's argument against compelling arbitration of his individual claim for wrongful death, Defendant has conceded the merits of his argument. (See Cal. Rules of Court, Rule 8.54(c); Nickell v. Matlock (2012) 206 Cal.App.4th 934, 947 (conclusory assertions in a brief unsupported by citations to evidence or legal authority are forfeited).) Therefore, Plaintiff's individual cause of action is not compelled to arbitration and will be stayed.

In sum, the Court grants Defendant's Motion to Compel Arbitration as to Plaintiff's Second and Third Causes of Action. The Motion is denied as to the First Cause of Action. The case is stayed pending arbitration. Based on Defendant's representation, the Court orders Defendant to pay the fees and costs associated with arbitration. A status conference is set for February 23, 2024 at 9:45 a.m.

All evidentiary objections are overruled.

Defendant's Demurrer and Motion to Strike are denied as moot.

The minute order is the order of the Court.

Calendar No.: Event ID:  TENTATIVE RULINGS

2994830  8