Bush v. Horizon West
205 Cal. App. 4th 924
| Cal. Ct. App. | 2012Background
- Bush and Jennings filed suit against Sierra and related Horizon/Golden Legacy entities for elder abuse, fraud, and Patients' Rights violations; Jennings also sued for negligent infliction of emotional distress based on observing Bush's treatment.
- The arbitration agreement between Bush and Sierra, signed May 2007 (Jennings acted as Bush's legal representative), was invoked by Horizon/Golden Legacy to compel arbitration.
- The trial court denied arbitration under CCP 1281.2(c) due to the possibility of conflicting rulings between Bush's arbitration claims and Jennings's non-arbitrable claim.
- Defendants argued Jennings was bound by Ruiz v. Podolsky and equitable estoppel; plaintiffs argued Jennings was not bound and 1281.2(c) applies.
- The court held Jennings is not bound by the arbitration under Ruiz because no medical malpractice or wrongful death claim is at issue; FAA preemption not applicable; no equitable estoppel; trial court’s denial affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Jennings bound by the arbitration agreement under Ruiz v. Podolsky? | Jennings is not bound; Ruiz concerns wrongful death/medical malpractice | Jennings is equitably bound due to her status as Bush's daughter and agent | Jennings not bound; Ruiz does not apply. |
| Does Ruiz apply to bind Jennings to arbitration when no malpractice or wrongful death claim is at issue? | Ruiz should bind heirs in appropriate contexts | Ruiz does not apply to non-malpractice, non-wrongful-death claims | Ruiz does not apply here. |
| Can equitable estoppel bind Jennings to arbitration? | Equitable estoppel could bind third parties sharing a common nucleus of facts | Equitable estoppel does not apply to compel Jennings to arbitrate | Equitable estoppel does not compel arbitration. |
Key Cases Cited
- Ruiz v. Podolsky, 50 Cal.4th 838 (2010) (heirs may be bound in wrongful death/malpractice contexts; not applicable here)
- RN Solution, Inc. v. Catholic Healthcare West, 165 Cal.App.4th 1511 (2008) (defines third-party status under 1281.2(c))