SCHUSTER v. PRESTIGE SENIOR MANAGEMENT

No. 33242-0-III.

376 P.3d 412 (2016)

193 Wash.App. 616

Gordon SCHUSTER, on behalf of himself, individually and on behalf of the Estate of Ronald Schuster, Diana Yeckel, individually, and Pat Schuster, individually, Respondent, v. PRESTIGE SENIOR MANAGEMENT, L.L.C., an Oregon Limited Liability Company, d.b.a. Blossom Creek Senior Alzheimer Community; Senior Resource Group, Inc., a Washington Corporation; LSRF Husky Ops Holdings, L.L.C., a foreign Limited Liability Company; Prestige Care, Inc., a Washington Corporation, d.b.a. Blossom Creek Senior Alzheimer Community; Prestige Senior Living, L.L.C., an Oregon Limited Liability Company, d.b.a. Blossom Creek Senior Alzheimer Community; Wenatchee Senior Care, L.L.C., formerly a Washington Limited Liability Company, formerly d.b.a. Blossom Creek Senior Alzheimer Community; Karl W. Lambert, A.R.N.P., an individual; Redimedi Housecall, P.L.L.C., a Washington Professional Limited Liability Company; Redimedi Clinic & Housecall, P.L.L.C., a Washington Professional Limited Liability Company; John Doe 1, M.D., an individual; John Doe 2, an individual; John Doe 3, an individual; and John Doe 4, an individual, Defendants, LSREF Golden Ops 14 (WA), L.L.C., A Delaware Limited Liability Company, d.b.a. Blossom Creek Senior Alzheimer Community; Lavida Communities, Inc. a Delaware Corporation; SRG Servco Operating, L.L.C., a Delaware Limited Liability Company; SRG Servco Operating L.L.C. acting through a separate series SRG Lavida Ops NW Series, an entity of unknown origin, Appellants.

Court of Appeals of Washington, Division 3.

April 28, 2016.


Attorney(s) appearing for the Case

David J. Corey , Floyd Pflueger & Ringer PS, Seattle, WA, for Defendants.

Andrew Gordon Yates , Lane Powell PC, Seattle, WA, for Appellant/Cross-Respondent.

Dale Melvin Foreman , Tyler D. Hotchkiss , Daniel J. Appel , Foreman Appel Hotchkiss & Zimmerman PLLC, Wenatchee, WA, for Respondent/Cross-Appellant.


¶ 1 Put more succinctly, at some point a party seeking to enforce an arbitration agreement must use it or lose it. Nino v. Jewelry Exch., Inc., 609 F.3d 191, 212 n. 10 (3rd Cir.2010).

¶ 2 We address under what circumstances a party waives the right to compel arbitration, pursuant...

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