Tuzzolino v. Windsor Twin Palms Healthcare etc. CA
Plaintiff Pamala Tuzzolino signed an arbitration agreement purportedly on behalf of her deceased husband, Paul Tuzzolino, when admitting him to a skilled nursing facility. Following Paul’s discharge from the facility, Paul and Pamala sued the nursing facility, Windsor Twin Palms Healthcare Center, LLC dba Windsor Palms Care Center of Artesia, and its owners and operators, S&F Management Company, LLC and Windsor OMG Holding Company II, LLC (collectively, Windsor) for negligence and elder abuse.
Windsor filed a petition to compel arbitration under the arbitration agreement Pamala executed. The trial court denied Windsor’s petition, concluding Pamala lacked authority to sign the agreement on Paul’s behalf. We agree Pamala’s execution of the arbitration agreement was unauthorized and accordingly, affirm.
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