Legal Opinion

Birl v. Heritage Care, LLC

California Court of Appeal

Decided March 11, 2009No. B206952PublishedCited by 9 opinions

1Opinion of the Court

Opinion

BOREN, P. J.

This case involves claims of wrongful death of decedent Jerome Birl, elder abuse, and related causes of action brought against a nursing home facility and its owner. The issue on appeal is whether an arbitration clause should apply.

Defendants Heritage Care, LLC, doing business as Heritage Rehabilitation Center, and Roy Martinez (hereinafter collectively referred to as Heritage) appeal from the trial court’s denial of their petition to compel arbitration of the claims made by plaintiffs Areatha Birl (wife), Joyce Ashley (daughter) and Regina Birl-Curtis (daughter). We…

2Cases cited7 opinions

  1. Quiroz v. Seventh Avenue CenterCalifornia Court of Appeal · 2006
  2. Robertson v. Health Net of California, Inc.California Court of Appeal · 2005
  3. Benasra v. MarcianoCalifornia Court of Appeal · 2001
  4. Whaley v. Sony Computer Entertainment America, Inc.California Court of Appeal · 2004
  5. Henry v. Alcove Investment, Inc.California Court of Appeal · 1991

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3Cited by9 opinions

  1. Acquire II, Ltd. v. Colton Real Estate GroupCalifornia Court of Appeal · 2013
  2. Valencia v. SmythCalifornia Court of Appeal · 2010
  3. Laswell v. Ag Seal Beach, LLCCalifornia Court of Appeal · 2010
  4. Daniels v. Sunrise Senior Living, Inc.California Court of Appeal · 2013
  5. Barsegian v. Kessler & KesslerCalifornia Court of Appeal · 2013

4 more not listed; retrieve them via the Exa API.

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