CV-22-004115 – NICHOLS, MARCUS vs NEWPORT LLC – Defendant’s Newport LLC DBA Almond Vista Healthcare Center’s Petition to Compel Binding Arbitration and to Stay the Superior Court Matter Pending the Hearing on the Petition- DENIED.
The Court finds that California Code of Civil Procedure section 1281.2 (c) is not preempted by the application of the Federation Arbitration Act to the parties’ arbitration agreement. (Cronus Invs., Inc. v. Concierge Servs., (2005) 35 Cal. 4th 376)
The Court also finds that the arbitration agreement entered into by the parties is not unconscionable as Plaintiff was not required to sign said arbitration agreement as a condition of being admitted to Defendant’s facility. Furthermore, the Court finds that said arbitration agreement demonstrates a modicum of bilaterality. (Little v. Auto Stiegler, Inc., (2003) 29 Cal. 4th 1064)
The new issues and evidence raised in Defendant’s reply will not be considered by the Court in arriving at this decision. (Balboa
Hearing Date
January 21, 2023
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CV-22-004115 – NICHOLS, MARCUS vs NEWPORT LLC – Defendant’s Newport LLC DBA Almond Vista Healthcare Center’s Petition to Compel Binding Arbitration and to Stay the Superior Court Matter Pending the Hearing on the Petition- DENIED.
The Court finds that California Code of Civil Procedure section 1281.2 (c) is not preempted by the application of the Federation Arbitration Act to the parties’ arbitration agreement. (Cronus Invs., Inc. v. Concierge Servs., (2005) 35 Cal. 4th 376)
The Court also finds that the arbitration agreement entered into by the parties is not unconscionable as Plaintiff was not required to sign said arbitration agreement as a condition of being admitted to Defendant’s facility. Furthermore, the Court finds that said arbitration agreement demonstrates a modicum of bilaterality. (Little v. Auto Stiegler, Inc., (2003) 29 Cal. 4th 1064)
The new issues and evidence raised in Defendant’s reply will not be considered by the Court in arriving at this decision. (Balboa