Friday, October 9, 2026
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Agreement to Arbitrate Personal Claims Not Binding, C.A. Says, in Lawsuit by Widow
Result Dictated, Opinion Declares, Because Plaintiff Signed Contract Only in Representative Capacity
By a MetNews Staff Writer
Div. One of the First District Court of Appeal declared yesterday that a woman who, under a power of attorney, signed a contract with a skilled nursing facility for the care of her husband, who died there, was not bound by an arbitration clause in suing for wrongful death, emotional distress and loss of consortium because she executed the agreement only in her capacity as a legal representative or agent.
This is so, Presiding Justice James M. Humes wrote, notwithstanding that the contract she signed says that “pursuant to the terms of this Agreement, any claims that I may assert in my personal capacity that arise out of or relate to” the failure to provide adequate care “are governed by this Arbitration Agreement.”
The widow, Michelle O’Connor, sued both in her individual capacity and on behalf of the decedent, Sean O’Connor. Humes said that San Francisco Superior Court Judge Richard Ulmer Jr. made the right call in deciding that because the complaint contains both arbitrable and non-arbitrable claims, Code of Civil Procedure §1281.2(c) required that a motion to compel arbitration made by defendant, San Mateo Healthcare & Wellness Center, be denied.
Humes explained that although the plaintiff signed a contract under which she agreed to arbitrate her “personal” claims, “the agreement included no signature line for anyone to agree to this (or any other) provision in their individual capacity.” He elaborated:
“The only signature line indicated the signer was entering into the agreement as a ‘Legal Representative/Agent.’ Since Michelle signed the agreement as Sean’s agent only, she did not sign it in her individual capacity or agree to arbitrate future claims brought in that capacity.”
The jurist said the contention on appeal that §1281.2 is preempted by the Federal Arbitration Act was forfeited because it was not raised in the trial court.
The case is O’Connor v. San Mateo Healthcare & Wellness Center, A172069.
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