Calif. Panel Says Nursing Home Suit Belongs In Arbitration

Law360, Los Angeles (August 1, 2017, 6:45 PM EDT) -- A split California appellate panel on Monday reversed a trial judge's decision denying arbitration in a suit accusing a nursing home of causing a patient's death, ruling that the arbitration agreement was enforceable despite the patient's death prior to the expiration of a "cooling-off period" required by state law.

In a 2-1 precedential ruling, a three-judge Fourth Appellate District panel said a trial judge was wrong to deny arbitration in a suit filed by estate administrator Talmadge Baker accusing La Paloma Healthcare Center, a nursing home owned by Italian Maple Holdings LLC, of providing negligent treatment for patient Marlene Baker LaBerge,...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!