Hendrix v. Aloe Holdings, LLC CA3
Plaintiff Clyde Hendrix, born in 1934, brought this action in July 2016 for elder abuse and negligent infliction of emotional distress against defendant Aloe Holdings, LLC (Aloe), which operates the Auburn Oaks Care Center (Auburn Oaks), and other defendants who are not parties to this appeal. In an exchange of letters soon afterward, the parties disputed whether the matter was subject to arbitration.
After the superior court set a trial date of August 2017, Aloe filed a petition to compel arbitration in December 2016. A commissioner of the trial court concluded that Aloe had failed to establish that Hendrix was a party to arbitration agreements, which his wife had executed in connection with her husband’s admission to Auburn Oaks. Two months later, Aloe filed its notice of appeal in March 2017. The trial court thus vacated the trial date and stayed the matter pending appeal. We granted calendar preference. Briefing was completed in November 2017.
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