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GULLETT v. KINDRED NURSING CENTERS WEST

No. 2 CA-CV 2016-0049.

390 P.3d 378 (2017)

Jeffrey GULLETT, Special Administrator of the Estate of Winford Gullett, ON BEHALF OF the ESTATE OF Winford GULLETT, and Jeffrey Gullett, Special Administrator, for and on behalf of Winford Gullett's statutory beneficiaries pursuant to A.R.S. § 12-612(a), Plaintiff/Appellant, v. KINDRED NURSING CENTERS WEST, L.L.C., a Delaware limited liability company, dba Hacienda Rehabilitation and Care Center nka Kindred Nursing and Rehabilitation-Hacienda; Kindred Healthcare Operating, Inc., a Delaware corporation; Kindred Healthcare, Inc., a Delaware corporation; and Theresa Linnane, Administrator, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Filed February 15, 2017.

Attorney(s) appearing for the Case

Law Office of Scott E. Boehm, P.C., Phoenix, By Scott E. Boehm and Wilkes & McHugh, P.A., Scottsdale, By Melanie L. Bossie , Mary Ellen Spiece , and Ernest J. Calderon II , Counsel for Plaintiff/Appellant.

Quintairos, Prieto, Wood & Boyer, P.A., Phoenix, By Anthony J. Fernandez , Vincent J. Montell , and Rita J. Bustos , Counsel for Defendants/Appellees.

Judge Staring authored the opinion of the Court, in which Presiding Judge Howard and Judge Espinosa concurred.

OPINION

¶ 1 Jeffrey Gullett appeals the judgment compelling arbitration of his statutory claim for abuse and neglect of his late father Winford Gullett pursuant to Arizona's Adult Protective Services Act (APSA), A.R.S. §§ 46-451 to 46-459. He argues the arbitration agreement is substantively unconscionable...

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