Judge: Kenneth J. Medel, Case: 37-2023-00005794-CU-NP-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2023-00005794-CU-NP-CTL STOW VS B-EAST LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 06/26/2023

Defendant: B-EAST, LLC dba AMAYA SPRINGS HEALTHCARE CENTER's Motion to Compel Arbitration is DENIED. Arbitration Agreements, while favored, are still subject to general state law principles applicable to all contracts regarding contract formation, revocation and enforcement. Cione v. Foresters Equity Services, Inc. (1997) 58 Cal.App.4th 625, 634. The Court finds that Defendant has not met its burden to show that the decedent actually agreed to arbitration. The moving papers do not unequivocally show that Mr. Stow signed the agreement given the issues with the date on the agreement and lack of support in Ms. Rivera's declaration.

Even if Mr. Stow agreed to arbitration, plaintiffs are non-signatories to the agreement and like Avila v. S.

Cal. Specialty Care, Inc., 20 Cal. App. 5th 835, the Court is unable to compel non-signatories to arbitration.

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