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STRAUSBERG v. LAUREL HEALTHCARE PROVIDERS

No. 29,238.

269 P.3d 914 (2011)

2012-NMCA-006

Nina R. STRAUSBERG, Plaintiff-Appellant, v. LAUREL HEALTHCARE PROVIDERS, LLC, and Arbor Brook, LLC, d/b/a Arbor Brook Healthcare, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted January 6, 2012, No. 33,331.

Attorney(s) appearing for the Case

Harvey Law Firm, LLC, Dusti D. Harvey , Jennifer J. Foote , Albuquerque, NM, for Appellant.

Keleher & McLeod, P.A., Mary Behm , Hari-Amrit Khalsa , Albuquerque, NM, for Appellees.

OPINION

VIGIL, Judge.

{1} A party who seeks to compel arbitration has the burden to prove the existence of a valid agreement to arbitrate. In this case, however, the district court shifted the burden to Plaintiff to prove that the agreement is invalid, and granted Defendants' motion to compel arbitration under a nursing home mandatory arbitration agreement. We reverse and remand.

BACKGROUND

{2} Plaintiff was required...

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