Scott v. Yoho

Defendants seek to enforce three arbitration agreements signed by the decedent, Kenisha Parker, against plaintiffs, who are her relatives. Plaintiffs filed suit for wrongful death, medical malpractice, and survivorship after Kenisha died after undergoing lipoplasty and suction lipectemy. The court concluded that the three arbitration agreements are subject to limited preemptive effect of the Federal Arbitration Act (FAA), 9 U.S.C. 1 et seq.; the 30-day rescission right in Code of Civil Procedure section 1295, subdivision (c) is preempted by the FAA; and thus the motions to compel arbitration should have been granted. Accordingly, the court reversed the order denying defendants' motion to compel arbitration. View "Scott v. Yoho" on Justia Law