Rhodes v. California Hospital Medical Center

Opinion

KINGSLEY, Acting P. J.

—Plaintiffs have filed an action for the wrongful death of their wife and mother, allegedly due to the negligence of defendant hospital. The hospital sought arbitration of that claim, relying on two instruments, one executed by the decedent and one executed by plaintiff husband as her agent, both of which contained provisions calling for such arbitration. The trial court denied the hospital’s petition for arbitration. We affirm that order.

I

We deal first with a preliminary issue. The hospital, acting pursuant to section 634 of the Code of Civil Procedure, sought a…