Hang v. RG Legacy I
Annotate this CasePlaintiff Jimmy Hang sued defendants RG Legacy I, LLC, 1899 Raymond LLC, and Arlene Rosales for elder abuse and negligent hiring and supervision. The RG Legacy parties filed a petition to compel arbitration of those claims pursuant to arbitration agreements Jimmy entered on the decedent, Daniel Hang’s behalf when Daniel was admitted to a RG Legacy parties’ skilled nursing facility. Jimmy opposed the petition arguing, inter alia, Daniel had been indigent and his estate had no funds to pay arbitration fees and costs. Citing Roldan v. Callahan & Blaine, 219 Cal.App.4th 87 (2013), the trial court found Daniel was indigent at the time of his death and granted the petition to compel arbitration on the condition that, within 15 days, the RG Legacy parties agreed to pay all arbitration fees and costs, or waive the right to arbitrate the matter. The RG Legacy parties did not agree to pay all arbitration fees and costs and instead filed this appeal. The Court of Appeal affirmed: substantial evidence supported the trial court’s findings of Daniel’s indigence, and the trial court properly applied the holdings of Roldan and its progeny in ordering the RG Legacy parties to either agree to pay all arbitration fees and costs or waive arbitration. The RG Legacy parties’ refusal to so agree, within the time specified, effected the court’s denial of their petition to compel arbitration.
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