Legal Opinion

Flores v. Evergreen at San Diego, LLC

California Court of Appeal

Decided March 13, 2007No. D048002PublishedCited by 43 opinions

1Opinion of the Court

Opinion

HALLER, J.

Evergreen at San Diego, LLC (Evergreen), appeals from an order denying its petition to compel arbitration of the civil action filed by Luis and Josephina Flores against Evergreen. Luis signed an arbitration agreement when admitting his wife, Josephina, into Evergreen’s skilled nursing facility. We conclude Luis did not have authority to bind his wife to the arbitration agreement. Accordingly, we affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

In May 2004, Josephina Flores, who was suffering from dementia and other ailments, was admitted to Evergreen’s skilled nursing…

2Cases cited14 opinions

  1. Engalla v. Permanente Medical Group, Inc.California Supreme Court · 1997
  2. Moncharsh v. Heily & BlaseCalifornia Supreme Court · 1992
  3. Podolsky v. First Healthcare Corp.California Court of Appeal · 1996
  4. Norcal Mutual Insurance Company v. NewtonCalifornia Court of Appeal · 2000
  5. Rakestraw v. RodriguesCalifornia Supreme Court · 1972

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3Cited by43 opinions

  1. Dickerson v. LongoriaCourt of Appeals of Maryland · 2010
  2. Curto v. Illini Manors, Inc.Appellate Court of Illinois · 2010
  3. Lujan v. Life Care Centers of AmericaColorado Court of Appeals · 2009
  4. Young v. Horizon West, Inc.California Court of Appeal · 2013
  5. Goldman v. Sunbridge Healthcare, LLCCalifornia Court of Appeal · 2013

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

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