On November 20, 2017 a
STATEMENT OF RULING RE: DENIED PLAINTIFF'S MOTION TO COMPEL ARBITRATION
was filed
involving a dispute between
Prime Healthcare Services Centinela Llc,
and
Bonita Finney And Angela Gordon As,
Finney Bonita,
Gordon Angela,
for civil
in the District Court of Los Angeles County.
Preview
.
FILED
Superior Court of Californp
Superior Court of California County of Los Angel
County of Los Angeles APR 16 201
Sherri &. Lge cutive Officer/Clerk
Department 40 By. , Deputy
(/Jed Jimenez
PRIME HEALTHCARE SERVICES. Case No.: BC684166
CENTINELA, LLC, Hearing Date: April 16, 2018
Plaintiff,
Vv. STATEMENT OF RULING RE: DENIED
BONITA FINNEY, et al., Plaintiff’s Motion to Compel Arbitration
Defendants
MOVING PARTY: Plaintiff / Cross-Defendant Prime Healthcare Services-
Centinela, LLC
OPPOSITION: Defendants / Cross-Complainants Bonita Finney and Angela
Gordon as Personal Representatives of Mabel E. Bradford’s
Estate
Plaintiff Prime Healthcare Services-Centinela, LLC sues defendants Bonita Finney and Angela
Gordon, as personal representatives of Mabel E. Bradford, deceased, for damages arising from
allegations that they are responsible for Bradford’s outstanding $366,832.18 medical bill and
rejected Prime’s creditor’s claim in the probate proceeding to administer Bradford’s estate.
On November 20, 2017, Prime filed a complaint for (1) breach of contract, (2) common count for
services rendered, (3) account stated, and (4) open book account.
Finney and Gordon, as Bradford’s representative, cross-sue Prime for damages, personal
property recovery, an order rescinding the contract, restitution, and other relief arising from
allegations that Prime knew that Bradford lacked capacity, had her sign a written admission
agreement and medical consent document, administered drugs without consent, opened her mail,
failed to file a missing person report when Bradford eloped, failed to bill Medicare, and carried
out a plan to extend her stay and bill her for unnecessary medical services. The February 15,
2018, cross-complaint alleges (1) financial elder abuse, (2) physical elder abuse, (3) elder
fe neglect, (4) breach of contract, and (5) wrongful taking (Probate Code section 859.)
On March 14, 2018, Prime filed this opposed motion to compel arbitration.
Finney and Gordon’s counsel should note that inline citations are preferred to footnotes.
is
os Request for Judicial Notice: Prime’s request for judicial notice of three documents filed in the
probate action is GRANTED. Evid. Code § 452(d).
Evidentiary Objections: Prime’s evidentiary objections are OVERRULED in their entirety.
People v. Sanchez (2016) 63 Cal.4th 665 is inapplicable because the underlying medical records
supporting Bradford’s expert declaration (OPP Exhs. B-C) are sufficiently authenticated and
otherwise admissible. (Expert Karen Josephson’s declaration appears at the end of Bradford’s
Document Filed Date
April 16, 2018
Case Filing Date
November 20, 2017
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. FILED Superior Court of Californp Superior Court of California County of Los Angel County of Los Angeles APR 16 201 Sherri &. Lge cutive Officer/Clerk Department 40 By. , Deputy (/Jed Jimenez PRIME HEALTHCARE SERVICES. Case No.: BC684166 CENTINELA, LLC, Hearing Date: April 16, 2018 Plaintiff, Vv. STATEMENT OF RULING RE: DENIED BONITA FINNEY, et al., Plaintiff’s Motion to Compel Arbitration Defendants MOVING PARTY: Plaintiff / Cross-Defendant Prime Healthcare Services- Centinela, LLC OPPOSITION: Defendants / Cross-Complainants Bonita Finney and Angela Gordon as Personal Representatives of Mabel E. Bradford’s Estate Plaintiff Prime Healthcare Services-Centinela, LLC sues defendants Bonita Finney and Angela Gordon, as personal representatives of Mabel E. Bradford, deceased, for damages arising from allegations that they are responsible for Bradford’s outstanding $366,832.18 medical bill and rejected Prime’s creditor’s claim in the probate proceeding to administer Bradford’s estate. On November 20, 2017, Prime filed a complaint for (1) breach of contract, (2) common count for services rendered, (3) account stated, and (4) open book account. Finney and Gordon, as Bradford’s representative, cross-sue Prime for damages, personal property recovery, an order rescinding the contract, restitution, and other relief arising from allegations that Prime knew that Bradford lacked capacity, had her sign a written admission agreement and medical consent document, administered drugs without consent, opened her mail, failed to file a missing person report when Bradford eloped, failed to bill Medicare, and carried out a plan to extend her stay and bill her for unnecessary medical services. The February 15, 2018, cross-complaint alleges (1) financial elder abuse, (2) physical elder abuse, (3) elder fe neglect, (4) breach of contract, and (5) wrongful taking (Probate Code section 859.) On March 14, 2018, Prime filed this opposed motion to compel arbitration. Finney and Gordon’s counsel should note that inline citations are preferred to footnotes. is os Request for Judicial Notice: Prime’s request for judicial notice of three documents filed in the probate action is GRANTED. Evid. Code § 452(d). Evidentiary Objections: Prime’s evidentiary objections are OVERRULED in their entirety. People v. Sanchez (2016) 63 Cal.4th 665 is inapplicable because the underlying medical records supporting Bradford’s expert declaration (OPP Exhs. B-C) are sufficiently authenticated and otherwise admissible. (Expert Karen Josephson’s declaration appears at the end of Bradford’s