244 Cal. App. 4th 583
Cal. Ct. App.2016Background
- Decedent Valerie Monschke enrolled decedent in Timber Ridge in 2012; residency agreement signed June 30, 2012 by plaintiff as decedent's power of attorney contained a broad arbitration clause.
- Plaintiff filed April 2014 action for elder abuse and wrongful death arising from a 2013 incident where decedent wandered outside the facility, was injured, and died two weeks later.
- Trial court denied arbitration petition due to risk of conflicting rulings and ruled wrongful death claims may be brought by decedent's heirs through the personal representative under CCP 377.60.
- Arbitration clause purported to bind all parties as well as heirs, representatives, executors, successors, and assigns, but the court found plaintiff was not a party to the arbitration agreement in personal capacity.
- Defendant argues plaintiff, as decedent's personal representative, stepped into decedent's shoes and is bound by the arbitration clause; court must decide if wrongful death claim can be arbitrated.
- Court affirms trial court’s denial of arbitration, holding plaintiff was not personally bound by the arbitration clause and wrongful death claim is not subject to arbitration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff is bound by the arbitration clause. | Monaschke signed as agent, not personally; not bound. | As personal representative, shoes of decedent bound by agreement. | Plaintiff not bound; arbitration clause not enforceable against her. |
| Whether wrongful death claim can be arbitrated when filed by a personal representative. | Wrongful death damages belong to heirs; not subject to arbitration. | Arbitration could cover the claim if binding. | Wrongful death claim not subject to arbitration. |
| Whether personal representative acts as alter ego of decedent for purposes of arbitration. | Not an alter ego; heirs' claims independent. | May be bound as decedent's agent. | Not alter ego; heirs retain independent right; no arbitration. |
Key Cases Cited
- Buckner v. Tamarin, 98 Cal.App.4th 140 (2002) (arbitration generally requires party status; exceptions do not apply here)
- Daniels v. Sunrise Senior Living, Inc., 212 Cal.App.4th 674 (2013) (de novo review of arbitration issues; agent signing for principal; capacity matters)
- Birl v. Heritage Care, LLC, 172 Cal.App.4th 1313 (2009) (survivor plaintiffs not bound to arbitration when acting under CCP 377.60)
- Hogan v. Country Villa Health Services, 148 Cal.App.4th 259 (2007) (survivor claims may be subject to arbitration when agent signs for decedent)
- Garrison v. Superior Court, 132 Cal.App.4th 253 (2005) (agent authorized to sign arbitration on decedent's behalf; context differs for wrongful death)
- Adams v. Superior Court, 196 Cal.App.4th 71 (2011) (wrongful death remedy allocated to heirs; representative stands in heirs' position)
- Horwich v. Superior Court, 21 Cal.4th 272 (1999) (wrongful death action created for heirs with independent pecuniary injury)
- Webster v. Norwegian Mining Co., 137 Cal. 399 (1902) (wrongful death action for heirs' damages)
- California State Auto Assn. v. Jacobson, 24 Cal.App.3d 850 (1972) (standing and representation in wrongful death context)