Defendant’s motion to compel arbitration. Motion denied.
The party seeking to compel arbitration bears the burden of proving by a preponderance of the evidence the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) This includes the burden of demonstrating that a resident’s purported agent had the authority to sign the alleged arbitration agreement on behalf of the resident where, as here, the arbitration agreement has been signed by such an agent. (Goldman v. SunBridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1173 (Goldman); Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1130, fn. 6 (Young); see Eusey Decl. ¶¶ 4, 6-8, 14, Ex. A.)
Emeritus has not met this burden. Emeritus has failed to submit any competent evidence of an actual agency between decedent Lois Christie (Christie) and plaintiff Donna Lewis (Lewis). (See Eusey Decl. ¶¶ 2, 4, 6-8, 14, Exs. A, B.) Instead, the only evidence Emeritus has produced in
Hearing Date
February 28, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
Defendant’s motion to compel arbitration. Motion denied.
The party seeking to compel arbitration bears the burden of proving by a preponderance of the evidence the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) This includes the burden of demonstrating that a resident’s purported agent had the authority to sign the alleged arbitration agreement on behalf of the resident where, as here, the arbitration agreement has been signed by such an agent. (Goldman v. SunBridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1173 (Goldman); Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1130, fn. 6 (Young); see Eusey Decl. ¶¶ 4, 6-8, 14, Ex. A.)
Emeritus has not met this burden. Emeritus has failed to submit any competent evidence of an actual agency between decedent Lois Christie (Christie) and plaintiff Donna Lewis (Lewis). (See Eusey Decl. ¶¶ 2, 4, 6-8, 14, Exs. A, B.) Instead, the only evidence Emeritus has produced in