C.A. 4th;
D069797

The Fourth Appellate District reversed a trial court order. The court held that the death of one party to arbitration agreements less than 30 days after they were executed did not render them unenforceable.

Marlene LaBerge was a resident and patient of a skilled nursing facility owned by Italian Maple Holdings, LLC. Approximately a week after LaBerge arrived at the facility, she was presented with two arbitration agreements, which she executed. Both agreements complied with Code Civ. Proc. §1295(c), which requires such agreements to include a 30-day “cooling off” period, during which the parties to the agreement may rescind it. Ten days after signing the agreements, LaBerge died. LaBerge's heirs sued the facility for elder abuse and related causes of action, alleging that LaBerge died because facility staff purposefully withheld care. Italian Maple moved to compel arbitration.