A residential care facility for seniors and dependent adults had Williams sign a residency agreement before admitting him for care after he had sustained brain injuries in a biking accident. The residency agreement contained an integration clause superseding all prior agreements between the parties, but no arbitration clause. Thereafter, the facility had Williams sign a separate arbitration agreement. Held, the trial court erred in denying the facility’s motion to compel arbitration on the ground that the integration clause barred consideration of the separate arbitration agreement. The clause superseded only prior, not subsequent agreements, and the arbitration agreement, which referred to disputes arising under the residency agreement was clearly intended to supplement it. Grey v. American Management Services (2012) 204 Cal.App.4th 803 is distinguishable as there the broader arbitration agreement in a pre-employment application was superseded by a later employment agreement with a narrower arbitration clause and an integration clause. However, the case is remanded for the trial court to rule on plaintiff’s unconscionability defense and to exercise its discretion under CCP 1281.2(c) as Williams’ wife didn’t sign an arbitration clause so she can pursue her separate loss of consortium claim in court.
California Court of Appeal, Second District, Division 6 (Tangeman, J.); June 27, 2018; 2018 Cal. App. LEXIS 588