Prevailed on Appeal Addressing Arbitration Agreement in Wrongful Death Matter Where Heirs Alleged Elder Abuse

Prevailed on Appeal obtaining reversal of the denial of a Petition to Compel Arbitration in a wrongful death matter where the heirs of the decedent alleged elder abuse against an assisted living facility. The Court of Appeal held that the risk of inconsistent rulings and the need for litigation to be conducted in a single forum is not a ground which may be relied upon by the trial court in denying a request to arbitrate; the trial court may not exercise discretion and, as a part of its analysis, base its decision on arbitration as an inefficient means of resolving disputes; and the United States Supreme Court has expressly held that a wrongful death matter against a nursing home is subject to the limited preemptive effect of the Federal Arbitration Act.