Alejandra Ruiz, Plaintiffs and Respondents v. Anatol Podolsky, Defendant and Appellant — Kennard, J., Dissenting

Summary

Justice Kennard's dissent would affirm the denial of the physician's motion to compel arbitration. It reasons that the decedent's agreement covered his own medical-malpractice claims but did not bind his adult children's independent wrongful-death claims because they never consented to arbitration. The dissent concludes that the governing statute does not clearly authorize a patient to waive the jury-trial rights of non-signing heirs.