Baker v. Italian Maple Holdings, LLC

The fact that plaintiff-patient died within the 30-day period during which she could rescind an agreement to arbitrate medical malpractice claims against a medical service provider (here, a 24-hour skilled nursing facility) does not invalidate the arbitration agreement. Disagreeing with Rodriguez v. Superior Court (2009) 176 Cal.App.4th 1461, this decision holds that the fact that the patient died within the 30 day period during which she could rescind an agreement to arbitrate medical malpractice claims against a medical service provider (here, a 24-hour skilled nursing facility) does not invalidate the arbitration agreement.  Instead, CCP 1295(c) provides that such an arbitration agreement governs unless and until rescinded within the 30-day period.  So the arbitration agreement is effective immediately and continues to be effective unless rescinded.  The decision also holds that immaterial variations from the statutorily required form of an arbitration clause do not forfeit section 1295’s protections.  Substantial compliance with the statutory form suffices.

California Court of Appeal, Fourth District, Division 1 (Aaron, J.; Huffman, Acting P.J., dissenting); July 31, 2017; 2017 WL 3224877

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