SWAYNE v. TORRANCE CARE CENTER WEST, INC.

No. B195353.

68 Cal.Rptr.3d 588 (2007)

157 Cal.App.4th 172

Earl SWAYNE, et al., Plaintiffs and Respondents, v. TORRANCE CARE CENTER WEST, INC., et al., Defendants and Appellants.

Court of Appeal of California, Second District, Division Four.

November 26, 2007.


Attorney(s) appearing for the Case

Lewis, Brisbois, Bisgaard & Smith, Bryan R. Reid and Jennifer C. Hsu, San Bernardino, for Defendants and Appellants.

Berglund, Johnson & Sommer, Rana Kawar and Jerrie S. Weiss, Woodland Hills, for Plaintiffs and Respondents.


WILLHITE, J.

Defendants Torrance Care Center West, Inc., dba Torrance Care Center West (hereafter "TCC") and William Nelson appeal from the trial court's denial of their petition to compel arbitration of the claims made by plaintiffs Earl Swayne, et al. We conclude that the arbitration agreements at issue are unenforceable, because they fail to contain a properly displayed disclosure stating that consent to arbitration is not a precondition for admission or medical...

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