Nursing Home Arbitration Agreement Denied in San Joaquin County, California

Written by Adam Peck Category: News August 9th, 2022 2 min read

Nursing Home Arbitration Agreement Denied in San Joaquin County, California

Due to the persuasive arguments of the Peck Law Group, a judge in San Joaquin County, California denied Good Samaritan Rehabilitation and Care Center’s motion to compel arbitration. This motion would have otherwise refused the resident at this nursing home their Constitutional right to a Jury Trial.

According to court documents, the care facility failed to comply with state and federal regulations that are legally required to make arbitration agreements enforceable in court.

Stormy L. Urquhart contacted the Peck Law Group with one problem: the care facility who she believed was responsible for her father’s death was not offering her adequate recourse.

Her father was admitted to Good Samaritan in August 2021, at which time she stated she signed an arbitration agreement together with her father as a “responsible party”.

After a few months, things allegedly went south at the care facility. Urquhart learned that her father had met his untimely death due to a fall that occurred under their watch.

When Urquhart brought a lawsuit for dependent adult abuse, negligence, violation of residents’ rights, and wrongful death, the care facility requested that the matter be submitted to Binding Arbitration. The family declined to do so. Good Samaritan then filed a petition to compel binding arbitration. The Peck Law Group argued that Good Samaritan failed to insert legally-required language into their arbitration agreement.

First, they pointed out that there was no state-required language in bold at the top of the document that stated the arbitration agreement was not a prerequisite for care. Secondly, the Peck Law Group pointed out that there was no federally-mandated language that stated that the signer or representative understood and acknowledged the agreement.

The court declared that the arbitration agreement was legally invalid since a California Health and Safety code was violated and there was no way to validate that Urquhart or her father understood and acknowledged the agreement they signed.

Thanks to the Peck Law Group, Urquhart was released from her purported legal obligation to arbitrate, and may now pursue the constitutional right to a jury trial regarding her legal claims.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.