New California Supreme Court Arbitration Case
New CA Supreme Court Arbitration Case
Does Ruiz v. Podolsky (2010) 50 Cal.4th 838 apply and require arbitration of
wrongful-death claims premised on custodial neglect in skilled nursing facilities?
California Supreme Court decided this important issue on August 14, 2025:
Holland v. Silverscreen Healthcare, Inc. (2025) __ Cal.5th __, 2025 WL 2349863: The California Supreme Court reversed the Court of Appeal’s decision that had ordered the plaintiff parents’ wrongful-death claim to arbitration under MICRA Code of Civil Procedure section 1295 and Ruiz v. Podolsky (2010) 50 Cal.4th 838 (Ruiz), concluding that the claim sounded in professional negligence (and, alternatively, lacked sufficient specificity). The California Supreme Court disagreed, concluding that Ruiz applies only to medical-malpractice disputes about the rendering of medical services, not to wrongful-death claims premised on custodial neglect in skilled nursing facilities, and it remanded the case to permit plaintiffs to amend to clarify whether their claim challenged medical services or custodial care. (C.A. 2nd, Aug. 14, 2025).
I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.
Do well and be well.
Best regards,
Monty A. McIntyre, Esq.
Business, Insurance Bad Faith, Real Property and Tort Litigation.
Trial Mentoring™: Trial training & preparation
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA attorney since 1980. ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]
