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NEWIRTH BY NEWIRTH v. AEGIS SENIOR COMMUNITIES

No. 17-17227.

931 F.3d 935 (2019)

June NEWIRTH, BY AND THROUGH her Guardian ad Litem, Frederick J. NEWIRTH, on her own behalf and on behalf of others similarly situated; Elizabeth Barber; Andrew Bardin; Thomas Bardin, as successors-in-interest to the Estate of Margaret Pierce; on their own behalves and on behalf of others similarly situated, Plaintiffs-Appellees, v. AEGIS SENIOR COMMUNITIES, LLC, dba Aegis Living, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2019.

Attorney(s) appearing for the Case

Lann G. McIntyre (argued), Lewis Brisbois Bisgaard & Smith LLP, San Diego, California; Leona Lam Reddy , Katherine C. Den Bleyker , and Jeffrey S. Ranen , Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, California; for Defendant-Appellant.

Sarah Colby (argued) and Guy B. Wallace , Schneider Wallace Cottrell Konecky Wotkyns LLP, Emeryville, California; Christopher J. Healey , Dentons US LLP, San Diego, California; George Kawamoto and Kathryn A. Stebner , Stebner and Associates, San Francisco, California; Michael D. Thamer , Law Offices of Michael D. Thamer, Callahan, California; W. Timothy Needham , Janssen Malloy LLP, Eureka, California; Robert S. Arns , The Arns Law Firm, San Francisco, California; Kirsten M. Fish , Neeham Kepner & Fish LLP, San Jose, California; for Plaintiffs-Appellees.

Before: J. Clifford Wallace and Sandra S. Ikuta, Circuit Judges, and Donald W. Molloy, District Judge.

OPINION

Aegis Senior Communities, LLC, appeals from the district court's order denying its motion to compel arbitration. Because Aegis knew of its right to compel arbitration, but made an intentional decision not to compel arbitration in order to take advantage of the judicial forum, and because the plaintiffs incurred...

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