*******5235
05/02/2019
Other
Personal Injury - Other Personal Injury
Los Angeles, California
DAVID A. ROSEN
TANDY KELLY
SPARKMAN SUSAN
2210 SANTA ANA OPCO LLC DBA ADVANCED REHAB CENTER OF TUSTIN
JADEITE MANAGEMENT LLC
FLINT LISA TRINH
WALKER KATHLEEN MARIE
7/14/2021: Request for Dismissal
6/8/2021: Notice of Case Reassignment and Order for Plaintiff to Give Notice
6/15/2021: Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)
7/28/2020: Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)
3/23/2020: Minute Order - MINUTE ORDER (COURT ORDER)
3/23/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/23/2020
3/30/2020: Notice - NOTICE OF COURT ORDER RE CONTINUANCE OF POST-ARBITRATION STATUS CONFERENCE
12/13/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
12/13/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL ARBITRATION AND TO STAY THE SUPER...)
12/17/2019: Notice of Ruling
12/3/2019: Notice of Posting of Jury Fees
11/26/2019: Case Management Statement
11/12/2019: Case Management Statement
10/22/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 10/22/2019
10/22/2019: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)
7/5/2019: Proof of Service by Substituted Service
7/5/2019: Proof of Service by Substituted Service
7/23/2019: Reply - REPLY BRIEF IN SUPPORT OF THE PETITION TO COMPEL BINDING ARBITRATION
DocketOn the Complaint filed by Susan Sparkman on 05/02/2019, entered Request for Dismissal with prejudice filed by Susan Sparkman and Kelly Tandy as to the entire action
[-] Read LessDocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/19/2021 at 08:30 AM in Glendale Courthouse at Department E Not Held - Vacated by Court on 07/14/2021
[-] Read LessDocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/19/2021 at 08:30 AM in Glendale Courthouse at Department E
[-] Read LessDocketMinute Order (Post-Arbitration Status Conference)
[-] Read LessDocketPost-Arbitration Status Conference scheduled for 06/15/2021 at 08:30 AM in Glendale Courthouse at Department E updated: Result Date to 06/15/2021; Result Type to Held
[-] Read LessDocketCase reassigned to Glendale Courthouse in Department E - Hon. David A. Roseneffective 06/14/2021; Reason: Inventory Transfer
[-] Read LessDocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by: Clerk
[-] Read LessDocketPost-Arbitration Status Conference scheduled for 06/15/2021 at 08:30 AM in Glendale Courthouse at Department E
[-] Read LessDocketMinute Order (Post-Arbitration Status Conference)
[-] Read LessDocketPost-Arbitration Status Conference scheduled for 07/28/2020 at 08:30 AM in Glendale Courthouse at Department E Held - Continued was rescheduled to 06/15/2021 08:30 AM
[-] Read LessDocketOrder to Show Cause Re: Dismissal scheduled for 04/28/2022 at 08:30 AM in Spring Street Courthouse at Department 4B
[-] Read LessDocketCase assigned to Hon. Laura A. Seigle in Department 4B Spring Street Courthouse
[-] Read LessDocketNon-Jury Trial scheduled for 10/29/2020 at 08:30 AM in Spring Street Courthouse at Department 4B
[-] Read LessDocketFinal Status Conference scheduled for 10/15/2020 at 10:00 AM in Spring Street Courthouse at Department 4B
[-] Read LessDocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk
[-] Read LessDocketDeclaration Declaration of Kelly Tandy; Filed by: Susan Sparkman (Plaintiff); As to: 2210 Santa Ana OPCO, LLC dba Advanced Rehab Center of Tustin (Defendant)
[-] Read LessDocketCivil Case Cover Sheet; Filed by: Susan Sparkman (Plaintiff); As to: 2210 Santa Ana OPCO, LLC dba Advanced Rehab Center of Tustin (Defendant)
[-] Read LessDocketCivil Case Cover Sheet; Filed by: Susan Sparkman (Plaintiff); As to: 2210 Santa Ana OPCO, LLC dba Advanced Rehab Center of Tustin (Defendant)
[-] Read LessDocketSummons on Complaint; Issued and Filed by: Susan Sparkman (Plaintiff); As to: 2210 Santa Ana OPCO, LLC dba Advanced Rehab Center of Tustin (Defendant)
[-] Read LessDocketComplaint; Filed by: Susan Sparkman (Plaintiff); As to: 2210 Santa Ana OPCO, LLC dba Advanced Rehab Center of Tustin (Defendant)
[-] Read LessCase Number: *******5235 Hearing Date: December 13, 2019 Dept: E
PETITION TO COMPEL ARBITRATION
Date: 12/13/19
Case: Susan Sparkman, et al. v. 2210 Santa Ana Opco, LLC, et al. (19 STCV15235)
TENTATIVE RULING:
Defendants’ Petition to Compel Binding Arbitration is GRANTED in part.
The Court finds that as to the first through fourth causes of action of the Complaint, defendants have sufficiently established that an agreement to arbitrate those controversies exist, that there is no showing that there has been any waiver of the right to compel arbitration, and no showing that the agreement has been rescinded or that grounds exist for rescission of the agreement. Plaintiff Susan Sparkman, by her successor in interest Kelly Tandy, and defendants 2210 Santa Ana Opco, LLC dba Advanced Rehab Center of Tustin and Jadeite Management, LLC are ordered to arbitrate this matter according to their Resident Facility Arbitration Agreement.
As to the fifth cause of action for wrongful death brought by plaintiff Kelly Tandy as an individual, the motion is DENIED. Kelly Tandy as an individual did not agree to arbitrate her claims, and she is not bound by the agreement entered into by Susan Sparkman. (See Daniels v. Sunrise Senior Living, Inc. (2013) 212 Cal.App.4th 674, 684; Bush v. Horizon West (2012) 205 Cala.App.4th 924, 930.)
Because the arbitration agreement explicitly excludes the provisions of CCP ; 1281.2(c), the Court does not have, and would not exercise, any discretion to deny the request to compel arbitration.
Pursuant to CCP ; 1281.4, this Court shall stay this action until an arbitration is had in accordance with the order to arbitration herein.