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HOGAN v. COUNTRY VILLA HEALTH SERVICES

No. G036406.

55 Cal.Rptr.3d 450 (2007)

148 Cal.App.4th 259

James E. HOGAN et al., Plaintiffs and Respondents, v. COUNTRY VILLA HEALTH SERVICES et al. Defendants and Appellants.

Court of Appeal of California, Fourth District, Division Three.

March 1, 2007.

Attorney(s) appearing for the Case

Morris Polich & Purdy, Marc Katz, Richard H. Nakamura, Jr., Los Angeles, Maureen M. Home for Defendants and Appellants.

Hooper, Lundy & Bookman, Inc., Mark E. Reagan and Felicia Y Sze, San Francisco, for California Association of Health Facilities as Amicus Curiae on behalf of Defendants and Appellants.

Law Offices of Timothy J. Swift and Timothy J. Swift, Santa Ana, for Plaintiffs and Respondents.

Balisok & Associates, Inc., Russell S. Balisok, Glendale, for California Advocates for Nursing Home Reform, Inc. as Amicus Curiae on behalf of Plaintiffs and Respondents.

OPINION

MOORE, J.

The children of a decedent sued a nursing home that had provided services to their mother. The trial court denied the nursing home's motion to compel arbitration of the elder abuse cause of action. The nursing home contends that the trial court, in so doing, ignored the controlling precedent of Garrison v. Superior Court (2005) 132 Cal.App.4th 253, 33 Cal.Rptr.3d...

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