Daniels v. Sunrise Senior Living, Inc

In Daniels v. Sunrise Senior Living, Inc. (2013) 212 Cal.App.4th 674, the plaintiff sued a residential care facility alleging causes of action of elder abuse and wrongful death for failing to properly care for her 92-year-old mother and causing the mother's death. The defendant unsuccessfully petitioned to compel arbitration under a clause in a residency agreement the plaintiff had signed "as her mother's attorney in fact, pursuant to a durable general power of attorney." (Daniels v. Sunrise Senior Living, Inc., supra, 212 Cal.App.4th at p. 678.) The residency agreement's arbitration clause provided it "'binds all parties to this Agreement and their spouse, heirs, representatives, executors, administrators, successors, and assigns, as applicable. . . .'" (Ibid.) The Court of Appeal affirmed. "Because Daniels signed the residency agreement solely as her mother's agent and not in her personal capacity, there is no basis to infer that Daniels agreed to arbitrate her wrongful death claim. In context, the provision making the arbitration clause binding on heirs means only that the duty to arbitrate the survivor claims is binding on the mother and other persons who would assert the survivor claims on the mother's behalf . . . . The agreement does not indicate an intent to bind third parties with claims independent of the survivor claims, such as wrongful death claimants." (Daniels v. Sunrise Senior Living, Inc., supra, 212 Cal.App.4th at p. 681.)