Denial of Petition to Compel Arbitration Affirmed

Nelson v. Dual Diagnosis Treatment Center, Inc. (2022) 77 Cal.App.5th 643.

Brandon Nelson checked himself into defendant Dual Diagnosis Treatment Center’s residential-care facility while experiencing the sudden onset of psychosis. Dual Diagnosis recognized that Brandon needed constant supervision, but failed to provide it, allowing Brandon to hang himself in his room the day after he was admitted. Dual Diagnosis sought to compel arbitration of the wrongful-death lawsuit filed by Brandon’s parents. The trial court denied the petition and the Court of Appeal affirmed, finding that the arbitration agreement was unconscionable.