Moffett v. Lake Merritt Healthcare Center CA1/1
CourtCalifornia Court of Appeal
Date FiledOctober 22, 2026
DocketA174369
StatusUnpublished
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Full Opinion
Filed 10/22/26 Moffett v. Lake Merritt Healthcare Center CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or
ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
PARIS D’MARCO MOFFETT,
Plaintiff and Respondent,
A174369
v.
LAKE MERRITT HEALTHCARE (Alameda County
CENTER, LLC., et al., Super. Ct. No. 25CV107536)
Defendants and Appellants.
Defendants Lake Merritt Healthcare Center, LLC. (LMHC) and Crystal
Solorzano appeal from a trial court order denying their motion to compel
arbitration. We affirm in part and reverse in part.
I.
FACTUAL AND PROCEDURAL
BACKGROUND
In September 2022, while in his early 20s, Paris Moffett (Paris) was
shot and paralyzed from the waist down. The following month, he was
admitted to LMHC, a skilled nursing facility, owned by Solarzano. In early
March 2023, Paris signed an arbitration agreement with LMHC. His father,
plaintiff Paris D’Marco Moffett (Moffett), did not sign the agreement. The
agreement stated it was binding “on all parties, including the Resident’s
representatives, executors, family members, and heirs who bring any claims
individually or in any representative capacity.” Several days after signing
1
the agreement, Paris was again shot, this time fatally, by two people who
entered the facility in the middle of the night through an unlocked rear door.
Moffett filed a complaint against LMHC and Solorzano, suing both in
his personal capacity and as Paris’s successor. He alleged four causes of
action: 1) negligence; 2) negligent abuse of a dependent adult;1 3) a claim for
the “extreme pain suffered” by Paris before he died; and 4) wrongful death.
Defendants filed a motion to compel arbitration, which the trial court denied.
The court denied the motion largely because Moffett had not signed the
arbitration agreement.
II.
DISCUSSION
1. The Trial Court Properly Denied Defendants’ Motion to Compel
Arbitration of the Wrongful Death Claim.
“As a general rule, plaintiffs cannot be compelled to arbitrate their
disputes if they have not previously agreed to arbitration.” (Holland v.
Silverscreen Healthcare, Inc. (2025) 18 Cal.5th 364, 370 (Holland).) Relying
on this rule, Moffet argues that the trial court correctly concluded that he
could not be compelled to arbitrate his wrongful death cause of action because
he did not sign the arbitration agreement or otherwise consent to arbitration.
We agree.
We start by observing that Moffett’s wrongful death claim was
necessarily brought in Moffett’s personal capacity. “In California, wrongful
death claims, unlike survivor claims, are not derivative of the decedent’s own
claims; they are, rather, independent statutory actions accruing to a
decedent’s heirs for pecuniary injuries suffered by the loss of a relative.”
1 The claim was brought under the Elder Abuse and Dependent Adult
Civil Protection Act. (Welf. & Inst. Code, § 15610 et seq.)
2
(Holland, supra, 18 Cal.5th at p. 375; see also Code Civ. Proc., § 377.60.2)
Thus, the fact that Paris signed the arbitration agreement does not establish
that Moffett, a non-signatory, agreed to arbitrate his separate claims.
In Ruiz v. Podolsky (2010) 50 Cal.4th 838, our Supreme Court
recognized an exception to the rule that non-signatories of an arbitration
agreement cannot be compelled to arbitrate. Ruiz held that non-signatory
heirs can be compelled to arbitrate wrongful death claims under section 1295,
which is part of the Medical Injury Compensation Reform Act (MICRA), when
the deceased patient agreed to bind them to arbitrate such claims. (Ruiz at
p. 842.) This exception, however, is limited. As it arises out of MICRA, the
exception binds non-signatory heirs who assert wrongful death claims
alleging medical malpractice, but it does not bind non-signatory heirs who
assert wrongful death claims that sound in elder (or dependent adult) abuse.3
(Holland, supra, 18 Cal.5th at p. 384.)
The question here, therefore, is whether Moffett’s wrongful death claim
is properly described as alleging medical malpractice or dependent adult
abuse. We have little difficulty concluding that it is the latter. A claim of
elder or dependent adult abuse “ ‘does not refer to substandard performance
of medical services but rather the failure of those responsible for attending to
the basic needs and comforts of elderly or dependent adults, regardless of
their professional standing, to carry out their custodial obligations.’ ”
2 All undesignated statutory references are to the Code of Civil
Procedure
3
Even an heir who signs an arbitration agreement that purportedly
binds heirs from bringing future claims in their individual capacity cannot be
compelled to arbitrate those claims unless the heir signed the agreement in a
personal capacity. (See, e.g., Avila v. Southern California Specialty Care, Inc.
(2018) 20 Cal.App.5th 835, 842.) Here, Moffett did not sign the arbitration
agreement in either a representative or personal capacity.
3
(Holland, supra, 18 Cal.5th at p. 384.) The critical question is whether the
complaint alleges negligent acts or omissions by “ ‘health care providers in
their capacity as providers’ ” rather than “ ‘against custodians and
caregivers . . . that may or may not, incidentally, also be health care
providers.’ ” (Id. at p. 382)
The Supreme Court recognized that “there is potential for confusion” in
drawing the line between to the two types of claims because “ ‘some health
care institutions, such as nursing homes, perform custodial functions and
provide professional medical care.’ ” (Holland, supra, 18 Cal.5th at p. 379.)
It therefore offered guidance, explaining “that only acts or omissions by a
skilled nursing facility in its capacity as a health care provider fall under the
banner of professional negligence. [Citation.] By contrast, ‘a failure to fulfill
custodial duties owed by a custodian who happens also to be a health care
provider . . . is at most incidentally related to the provider’s professional
health care services.’ [Citation.] The failure to provide basic necessities,
such as assistance in personal hygiene, food, hydration, or clothing, are
paradigmatic examples of a failure to fulfill custodial duties. [Citations.] The
same is true of a failure to provide an adequate and habitable living space or
protect from routine safety hazards. [Citations.] Similarly, a failure of staff
to attend to, monitor, or assist a resident in obtaining appropriate medical
care generally falls on the custodial side of the line because such omissions
involve ‘not . . . the undertaking of medical services, but . . . the failure to
provide medical care.’ ” (Holland, supra, 18 Cal.5th at p. 380.) When
applying these considerations in evaluating a particular wrongful death
claim, courts focus on “the primary basis” of the claim. (Avila v. Southern
California Specialty Care, Inc., supra, 20 Cal.App.5th at p. 842.)
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There can be no question that the primary basis of Moffet’s wrongful
death claim is that defendants failed in their custodial care of Paris, and we
flatly reject defendants’ characterization of the claim as “arising out of
medical malpractice” because the allegations “implicate [LMHC’s] status as a
healthcare provider.” Holland makes clear that what matters is the type of
conduct alleged—not the type of facility in which the conduct occurred.
(Holland, supra, 18 Cal.5th at p. 380.)
The complaint alleged that defendants failed to adequately check on
Paris the night he was killed; failed to lock and secure exterior access into the
facility; failed to maintain adequate patient supervision, security and safety;
failed to adequately observe and monitor patients; failed to provide adequate
security personnel; failed to adequately staff the facility sufficiently to meet
patient’s needs; failed to keep Paris from physical abuse; and failed to provide
and maintain safe accommodations. These allegations clearly assert that
defendants failed in their custodial duties.
Thus and in short, the trial court properly denied the motion to compel
arbitration of Moffett’s wrongful death claim. The claim was brought by
Moffett in his personal capacity, Moffett did not sign the arbitration
agreement or otherwise agree to arbitrate the claim, and Paris’s consent to
arbitration did not bind Moffett because the primary basis of the claim is not
based on medical malpractice.
2. The Trial Court Erred in Denying Defendants’ Motion to Compel
Arbitration of the Remaining Claims.
We reach a different conclusion regarding the remaining causes of
action. Both in the trial court and on appeal, defendants argued that Moffett
was bound to arbitrate those claims. We agree with them.
5
Unlike a cause of action for wrongful death, “a survivor cause of action
is not a new cause of action that vests in the heirs on the death of the
decedent. It is instead a separate and distinct cause of action which belonged
to the decedent before death but, by statute, survives that event.” (Quiroz v.
Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1264 (Quiroz).) A claim
brought under California’s survival statutes (§ 377.20 et seq.) “ ‘is a separate
and distinct cause of action which belonged to the decedent before death but,
by statute, survives that event. [Citation.] The survival statutes do not
create a cause of action. Rather, “[t]hey merely prevent the abatement of the
cause of action of the injured person, and provide for its enforcement by or
against the personal representative of the deceased.” ’ ” (Ng v. Superior
Court (2025) 108 Cal.App.5th 382, 388.) A cause that survives the death of a
person passes to the decedent’s successor in interest and is enforceable by the
“decedent’s personal representative or, if none, by the decedent’s successor in
interest.” (§ 377.30.)
Here, the causes of action other than the wrongful death claim were
alleged as survivor claims, a point defendants’ counsel emphasized at the
hearing on the motion to compel. The negligence cause of action alleged that
defendants “owed a duty to its resident/patients to exercise ordinary care in
the training, supervision and management of its staff, and security of its
facilities in order to avoid exposing its residents or other persons to an
unreasonable risk of harm.” The cause of action brought under the Elder
Abuse Act was a survivor claim as a matter of law, because claims and
remedies under that act are afforded only to the victims of abuse. (Quiroz,
supra, 140 Cal.App.4th at p. 1281.) If the victim dies, successors in interest
may bring only a survivor claim on the decedent’s behalf; they may not bring
a claim seeking to vindicate their own, independent interests. (Id. at
6
pp. 1264–1265.) Finally, the cause of action that sought damages for the
“extreme pain suffered, incurred and experienced” by Paris before his death
plainly sought to vindicate Paris’s personal interests.4
Thus, this case involves one claim—the wrongful death claim—brought
by Moffett as a third party who did not sign the arbitration agreement, and
three claims—the claims for negligence, negligent abuse of a dependent
adult, and for damages for pain and suffering—brought by Paris (through
Moffett, his successor in interest) who did sign the agreement.
In his appellate briefing, Moffett does not dispute that Paris signed the
arbitration agreement and had the capacity to do so. Defendants contend
that the trial court had no discretion to deny their motion to compel
arbitration of these claims because the agreement expressly provided that
“California Code of Civil Procedure § 1281.2(c) is excluded from this
Agreement as the parties mutually desire to have any and all disputes
submitted to binding arbitration. The parties do not want any claims not
subject to arbitration to impede any and all other claims from being ordered
to binding arbitration.”
Section 1281.2, subdivision (c) (section 1281.2(c)) is part of the
California Arbitration Act, and it gives trial courts discretion to stay or deny
arbitration when “[a] party to the arbitration agreement is also a party to a
pending court action . . . with a third party” that “aris[es] out of the same
transaction or series of related transactions and there is a possibility of
conflicting rulings on a common issue of law or fact.” The Federal Arbitration
Act (9 U.S.C. § 1 et seq.), however, “does not permit a trial court to stay or
4 California permits survivor claims for “the loss or damage that the
decedent sustained . . . before death” and for damages for pain and suffering,
so long as the action was filed, as this one was, “before January 1, 2026.”
(§ 377.34, subd. (b).)
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deny arbitration in those circumstances.” (Valencia v. Smyth (2010)
185 Cal.App.4th 153, 157.) Thus, whether a court can stay or deny
arbitration in a proceeding involving a third party depends on whether
section 1281.2(c) applies.
Defendants have consistently maintained that section 1281.2(c) does
not apply because Paris and LMCH expressly exempted its application in the
arbitration agreement. Moffet, acting in the capacity of Paris’s successor of
interest, did not respond to this contention in his appellate briefing. We
therefore consider the issue submitted on appellants’ brief. (California Ins.
Guarantee Assn. v. Workers’ Comp. Appeals Bd. (2005) 128 Cal.App.4th 307,
316, fn. 2.)
Having no reason to decide otherwise, we therefore conclude that Paris
and LMHC expressly agreed to the inapplicability of section 1281.2(c), and
the trial court therefore had no discretion to deny arbitration of the three
survivor causes of action under any ostensible authority conferred by that
section.
III.
DISPOSITION
The trial court’s order denying defendants’ motion to compel arbitration
is affirmed in part and denied in part. The trial court’s order denying
arbitration is affirmed as to the wrongful death cause of action, but it is
reversed as to the remaining causes of action. The parties shall bear their
own appellate costs.
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_________________________
Humes, P. J.
WE CONCUR:
_________________________
Banke, J.
_________________________
Langhorne Wilson, J.
Moffett v. Lake Merrit Healthcare Center, LLC., et al. A174369
9