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Opposition Objections

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57 Cited authorities

  1. Volt Info. Scis., Inc. v. Bd. of Trs.

    489 U.S. 468 (1989)   Cited 3,288 times   16 Legal Analyses
    Holding that the Federal Arbitration Act requires courts to enforce arbitration agreements according to their terms, including where the parties "specify by contract the rules under which arbitration will be conducted"

  2. Engalla v. Permanente Med. Grp., Inc.

    15 Cal.4th 951 (Cal. 1997)   Cited 1,218 times
    Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver

  3. Moncharsh v. Heily Blase

    3 Cal.4th 1 (Cal. 1992)   Cited 1,093 times   12 Legal Analyses
    Holding that "a party [who] is claiming the entire contract is illegal, or the arbitration agreement itself is illegal" must "raise the illegality question prior to participating in the arbitration process"

  4. Rosenthal v. Great W. Fin. Secs. Corp.

    14 Cal.4th 394 (Cal. 1996)   Cited 808 times   3 Legal Analyses
    Holding fraud in the inducement "occurs when the promisor knows what he is signing but his consent is induced by fraud"

  5. Bertero v. National General Corp.

    13 Cal.3d 43 (Cal. 1974)   Cited 593 times   3 Legal Analyses
    Approving a jury instruction allowing the jury to find for the plaintiff in a malicious prosecution action even if only one of the three theories of liability pleaded in the underlying action lacked probable cause

  6. Cronus Invs., Inc. v. Concierge Servs.

    35 Cal.4th 376 (Cal. 2005)   Cited 215 times   1 Legal Analyses
    Holding that section 1281.2, subd. (c) "does not undermine or frustrate the FAA's substantive policy favoring arbitration" and, thus, is not preempted

  7. Horwich v. Superior Court

    21 Cal.4th 272 (Cal. 1999)   Cited 219 times   3 Legal Analyses
    Declining to resolve ambiguity in Proposition 213 by looking to "matters were not directly presented to the voters"

  8. Acquire II, Ltd. v. Colton Real Estate Grp.

    213 Cal.App.4th 959 (Cal. Ct. App. 2013)   Cited 149 times
    In Acquire II, a panel of this court concluded insufficient evidence supported the trial court's findings that the claims of those plaintiffs who had agreed to arbitration and the claims of those plaintiffs who had not agreed to arbitration arose out of the same transaction or series of transactions.

  9. Banner Entm't, Inc. v. Superior Court

    62 Cal.App.4th 348 (Cal. Ct. App. 1998)   Cited 202 times   2 Legal Analyses
    Concluding mandatory means of assenting established by two sentences: "'Until such time, if ever, as such more formal agreement i . . . concluded, this agreement when signed by the parties hereto will constitute a legal and binding obligation of the parties. Please acknowledge your approval of the foregoing terms by signing a copy of this letter in the space indicated below'"

  10. Ruiz v. Podolsky

    50 Cal.4th 838 (Cal. 2010)   Cited 111 times   2 Legal Analyses
    Holding that specific provision in state's medical malpractice Act required arbitration of wrongful death claims where the decedent had agreed to arbitrate any claim arising from medical provider's services.

  11. Section 1295 - Form of provisions in medical services contract containing provisions for arbitration

    Cal. Code Civ. Proc. § 1295   Cited 166 times
    In section 1295, the Legislature used the term "medical malpractice" to include medical services which were negligently rendered and those which were "unnecessary or unauthorized" (the traditional grounds for a battery cause of action).

  12. Section 15610.27 - Elder

    Cal. Welf. and Inst. Code § 15610.27   Cited 148 times
    Defining "elder" as "any person residing in this state, 65 years of age or older"

  13. Section 1 - Short title

    Cal. Health & Saf. Code § 1   Cited 60 times

    This act shall be known as the Health and Safety Code. Ca. Health and Saf. Code § 1 Enacted by Stats. 1939, Ch. 60.

  14. Section 483.25 - Quality of care

    42 C.F.R. § 483.25   Cited 169 times   7 Legal Analyses
    Governing accidents

  15. Section 483.75 - Quality assurance and performance improvement

    42 C.F.R. § 483.75   Cited 70 times   13 Legal Analyses
    Governing facility administration

  16. Section 483.20 - Resident assessment

    42 C.F.R. § 483.20   Cited 60 times   21 Legal Analyses

    The facility must conduct initially and periodically a comprehensive, accurate, standardized, reproducible assessment of each resident's functional capacity. (a)Admission orders. At the time each resident is admitted, the facility must have physician orders for the resident's immediate care. (b)Comprehensive assessments - (1)Resident assessment instrument. A facility must make a comprehensive assessment of a resident's needs, strengths, goals, life history and preferences, using the resident assessment

  17. Section 72527 - Patients' Rights

    Cal. Code Regs. tit. 22 § 72527   Cited 33 times

    (a) Patients have the rights enumerated in this section and the facility shall ensure that these rights are not violated. The facility shall establish and implement written policies and procedures which include these rights and shall make a copy of these policies available to the patient and to any representative of the patient. The policies shall be accessible to the public upon request. Patients shall have the right: (1) To be fully informed, as evidenced by the patient's written acknowledgement

  18. Section 72315 - Nursing Service-Patient Care

    Cal. Code Regs. tit. 22 § 72315   Cited 4 times

    (a) No patient shall be admitted or accepted for care by a skilled nursing facility except on the order of a physician. (b) Each patient shall be treated as individual with dignity and respect and shall not be subjected to verbal or physical abuse of any kind. (c) Each patient, upon admission, shall be given orientation to the skilled nursing facility and the facility's services and staff. (d) Each patient shall be provided care which shows evidence of good personal hygiene, including care of the

  19. Section 72329 - Nursing Service - Staff

    Cal. Code Regs. tit. 22 § 72329   Cited 3 times

    (a) Nursing service personnel shall be employed and on duty in at least the number and with the qualifications determined by the Department to provide the necessary nursing services for patients admitted for care. The Department may require a facility to provide additional staff as set forth in Section 72501(g). (b) Facilities licensed for 59 or fewer beds shall have at least one registered nurse or a licensed vocational nurse, awake and on duty, in the facility at all times, day and night. (c) Facilities

  20. Section 72311 - Nursing Service-General

    Cal. Code Regs. tit. 22 § 72311   Cited 3 times

    (a) Nursing service shall include, but not be limited to, the following: (1) Planning of patient care, which shall include at least the following: (A) Identification of care needs based upon an initial written and continuing assessment of the patient's needs with input, as necessary, from health professionals involved in the care of the patient. Initial assessments shall commence at the time of admission of the patient and be completed within seven days after admission. (B) Development of an individual

  21. Section 72547 - Content of Health Records

    Cal. Code Regs. tit. 22 § 72547   Cited 3 times   2 Legal Analyses

    (a) A facility shall maintain for each patient a health record which shall include: (1) Admission record. (2) Current report of physical examination, and evidence of tuberculosis screening. (3) Current diagnoses. (4) The orders of a licensed health care practitioner acting within the scope of his or her professional licensure, including drugs, treatment and diet orders, progress notes, signed and dated on each visit. The orders of a licensed health care practitioner acting within the scope of his

  22. Section 72517 - Staff Development

    Cal. Code Regs. tit. 22 § 72517   Cited 2 times

    (a) Each facility shall have an ongoing educational program planned and conducted for the development and improvement of necessary skills and knowledge for all facility personnel. Each program shall include, but not be limited to: (1) Problems and needs of the aged, chronically ill, acutely ill and disabled patients. (2) Prevention and control of infections. (3) Interpersonal relationship and communication skills. (4) Fire prevention and safety. (5) Accident prevention and safety measures. (6) Confidentiality

  23. Section 70215 - Planning and Implementing Patient Care

    Cal. Code Regs. tit. 22 § 70215   Cited 2 times

    (a) A registered nurse shall directly provide: (1) Ongoing patient assessments as defined in the Business and Professions Code, section 2725(b)(4). Such assessments shall be performed, and the findings documented in the patient's medical record, for each shift, and upon receipt of the patient when he/she is transferred to another patient care area. (2) The planning, supervision, implementation, and evaluation of the nursing care provided to each patient. The implementation of nursing care may be