Lopez v. Fountain View Subacute and Nursing Center
Defendants and appellants Fountain View Subacute and Nursing Center, LLC (Fountain View), Genesis Healthcare LLC, New Generation Health, LLC, and Christina Urbina (collectively, defendants) appeal the trial court’s denial of their motion to compel arbitration of employment related claims asserted by plaintiff and respondent Michelle Lopez (plaintiff) in an action she filed against defendants. The trial court denied defendants’ motion on the ground that the parties’ arbitration agreement required mediation of the dispute as a precondition to arbitration and that defendants could not waive that condition on plaintiff’s behalf. Defendants contend issues concerning waiver of the right to arbitrate, interpretation, breach, or enforcement of the arbitration agreement, and the scope of any arbitrable issues must be decided by the arbitrator, and not the trial court, under the terms of the parties’ agreement. We agree and reverse the order denying the motion to compel arbitration.
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