Rogers v. Roseville SH, LLC (Feb. 8, 2022, C089561) __ Cal.App.5th __ [2022 WL 655631], ordered published March 4, 2022.
Claude Rogers was a resident of Meadow Oaks of Roseville, a residential care facility for the elderly, when he died of heatstroke after being left outside. His wife and sons sued Meadow Oaks, alleging elder abuse, fraud, and wrongful death. Meadow Oaks moved to compel arbitration based on an agreement signed by Claude’s son, Richard. The agreement identified Claude as the resident and Richard as the resident’s “representative.” Richard’s opposition declaration stated that Claude could read, write, and sign documents on his own behalf; Claude did not direct or authorize him to sign any documents; and he received the agreement via email and did not speak with anyone at Meadow Oaks about it. The trial court denied arbitration, finding that Meadow Oaks did not prove Richard was authorized to sign the agreement on Claude’s behalf. Meadow Oaks appealed.
The Court of Appeal affirmed, agreeing that there was no evidence Richard acted as Claude’s actual or ostensible agent when he signed the arbitration agreement. There was no evidence Claude’s conduct justified Meadow Oaks in believing he authorized Richard to sign the agreement, and Richard’s conduct alone cannot create an agency relationship. Nor did Claude’s inaction—failing to object to Richard signing admissions documents—support an alleged ostensible agency relationship. There was no evidence Claude had previously approved similar acts by Richard, or that Claude was even aware Richard signed the agreement. Finally, relying on Valentine v. Plum Healthcare Group, LLC (2019) 37 Cal.App.5th 1076, the court held that Claude’s failure to rescind the agreement, despite having 30 days to do so, did not constitute ratification because there was no evidence Claude knew of the agreement or knew that he had 30 days to rescind it.
Thomas Watson
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