Judge: Ronald F. Frazier, Case: 37-2022-00024606-CU-PO-CTL, Date: 2023-08-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 03, 2023

08/04/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00024606-CU-PO-CTL SZELES VS THE ELIZABETH HOSPICE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 03/15/2023

Defendant Eclipse Senior Living, Inc. dba Elmcroft of La Mesa's Motion to Compel Arbitration is DENIED without prejudice. (ROA 51.) Defendant asserts it is entitled to compel Plaintiffs' claims against it to arbitration based on an arbitration agreement contained within Addendum F of a Residency Agreement. A copy of the Residency Agreement is attached to Defendant's counsel's declaration. (Harrison Decl. at Exh. A.) The Residency Agreement references various addenda. (See, e.g., id. at p. 29 of 29.) However, none of the addenda were attached to the declaration.

Accordingly, Defendant has not demonstrated the existence of any arbitration agreement between the parties pertaining to this dispute.

The court notes it did not receive reply papers from Defendant.

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