New California Supreme Court Arbitration Case Related to Wrongful Death Occurring in a Skilled Nursing Facility
Aug 28, 2025
New California 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?
On August 14, 2025, the California Supreme Court decided this important issue.
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).
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Monty McIntyre helps attorneys throughout California settle cases as a mediator, decide cases as an arbitrator and decide issues as a referee at ADR Services, Inc. handling employment, tort, business, commercial, insurance, probate and real property cases. He brings to his ADR work extensive experience as a California civil trial lawyer since 1980 who has represented both plaintiffs and defendants in these areas. Monty has been a member of the American Board of Trial Advocates (ABOTA) since 1995, has tried over 100 civil cases including numerous civil jury trials, is a past president of the San Diego County Bar Association and is a past president of the San Diego Chapter of ABOTA. To schedule a new matter, please contact one of Monty's case managers at ADR services, Inc.:
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