Fitzhugh v. Granada Healthcare & Rehabilitation Center, LLC

In Fitzhugh v. Granada Healthcare & Rehabilitation Center, LLC (2007) 150 Cal.App.4th 469, Ruth Fitzhugh was admitted to a health care facility. Her husband George Fitzhugh signed two arbitration agreements as her "Legal Representative/Agent." (Id. at pp. 471-472.) Each of the agreements stated: "This arbitration agreement binds the parties hereto, including the heirs, representatives, executors, administrators, successors, and assigns of such parties." (Id. at p. 472.) After Ruth died, George sued the facility for wrongful death (among other causes of action). (Id. at pp. 471-472.) The court held that George was not required to arbitrate his wrongful death cause of action. It stated, "It is irrelevant to the wrongful death cause of action whether George Fitzhugh may have signed the arbitration agreements as the decedent's 'legal representative/agent.' Because there is no evidence that George Fitzhugh signed the arbitration agreements in his personal capacity, . . . there is no basis to infer that he waived his personal right to jury trial on the wrongful death claim. " (Fitzhugh v. Granada Healthcare & Rehabilitation Center, LLC, supra, 150 Cal.App.4th at p. 474.)