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Naganuma v. Windsor Oakridge Healthcare Center CA1
Defendants Windsor Oakridge Healthcare Center, LP d.b.a. Windsor Healthcare Center of Oakland, Brookdale Healthcare and Wellness Centre, LP d.b.a. Brookdale Healthcare and Wellness Center and d.b.a. Windsor Healthcare Centre of Oakland, SF Management Co., LLC, and Boardwalk West Financial Services, LLC (collectively, “Windsor”) appeal from an order denying their petition to compel arbitration of this civil action filed by Gary Naganuma’s estate and his heirs, wife Debbie Naganuma and daughter Allison Naganuma (collectively, “plaintiffs”) based on the care Gary received as a resident in a skilled nursing facility they owned and operated. (Code of Civ. Proc., §§ 1281.2, 1294.) We agree with the trial court that the plaintiffs are not bound by an arbitration agreement signed by Debbie admitting Gary into Windsor’s facility, because Windsor did not prove that Debbie had the authority to act as Gary’s agent for this purpose. We also conclude the trial court, and not the arbi

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