Nagel v. Napa Nursing Center
Plaintiff James Nagel sued defendants Napa Nursing Center, Inc. (Napa Nursing Center), Horizon West HealthCare, Inc., and Horizon West HealthCare of California, Inc. seeking recovery of damages for wrongful death, negligence, elder abuse, and violation of patients’ rights in connection with Napa Nursing Center’s treatment of his deceased mother, Betty Nagel. Defendants appeal from the court’s order denying their petition to stay the action and compel arbitration of plaintiff’s claims against them. (Code Civ. Proc.,[1] § 1294.) Defendants contend that Nagel signed an arbitration agreement to forgo a civil trial on malpractice claims, and that the arbitration clauses in question substantially complied with the requirements of section 1295, subdivisions (a) and (b). We affirm the order denying defendants’ petition to compel arbitration because, in our independent view, Nagel did not sign an agreement to arbitrate.
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