Judge: William A. Crowfoot, Case: 24NNCV01668, Date: 2025-04-09 Tentative Ruling

Case Number: 24NNCV01668    Hearing Date: April 9, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

MICHELLE MILLER, et al.,

                    Plaintiff(s),

          vs.

 

PRN CONVALESCENT HOSPITAL, INC.,

 

                    Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

     CASE NO.:  24NNCV01668

 

[TENTATIVE] ORDER RE: MOTION TO COMPEL ARBITRATION

 

Dept. 3

8:30 a.m.

April 9, 2025

 

)

 

 

I.            INTRODUCTION

On May 16, 2024, Michelle Miller (“Plaintiff”), by and through her conservator, Steven D. Miller (“Mr. Miller”), filed this action against defendant PRN Convalescent Hospital Inc. dba High Valley Lodge (“Defendant”) for negligence, elder abuse, and violation of Health & Safety Code § 1430(b).

On October 22, 2024, Defendant filed this petition to compel binding arbitration and to stay the superior court matter pending completion of arbitration. The petition is unopposed.

II.          LEGAL STANDARD

In deciding a motion to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961.) The party seeking arbitration has the “burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.” (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842.) The trial court “sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Id.) General principles of contract law govern whether parties have entered a binding agreement to arbitrate. (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236; see also Winter v. Window Fashions Professions, Inc. (2008) 166 Cal.App.4th 943, 947.)¿

III.        DISCUSSION

Since the petition is unopposed, it is undisputed that Mr. Miller has acted as the co-conservator of Plaintiff’s person and estate since April 27, 2010. Defendant argues that Mr. Miller has the power, as Plaintiff’s conservator, to bind her to an arbitration agreement. (Prob. Code, §§ 2451.5, subd. (a); 2462, subds. (a)-(b).) Therefore, while acting as Plaintiff’s conservator, Mr. Miller signed an arbitration agreement dated December 28, 2021 (“Arbitration Agreement”), on Plaintiff’s behalf. The Agreement, attached as Exhibit A to the Declaration of Daniel Myers, states that if it is signed, all disputes including medical malpractice, elder abuse, violations of the Residents Bill, will be submitted to arbitration. Plaintiff’s claims cover treatment beginning from the date of her admission to Defendant’s facility on December 28, 2021; therefore, they are encompassed by the Arbitration Agreement.

Defendant has met its burden to show that arbitration agreement with Plaintiff exists and that Plaintiff’s claims are within the scope of the arbitration agreement. As Plaintiff did not oppose this petition and did not show why the agreement should not be enforced, the petition is GRANTED and the action is STAYED pending completion of arbitration.

IV.        CONCLUSION

Defendant’s petition is GRANTED. The Court sets a status conference for _____________ in Department 3 of the Alhambra Courthouse at 8:30 a.m. A joint report apprising the Court of the status of arbitration proceedings must be filed no later than 5 court days before the day of the hearing.

 

Dated this 9th day of April 2025

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.