In September 2021, Art Gharibian of Gharibian Law was honored to represent the Holley family in the precedent-setting Holley v. Silverado Senior Living Mgmt., Inc. (2020) 53 Cal.App.5th 197 case. This case involved the often confusing area of arbitration laws in California, and was featured in Advocate Magazine.
What is a Conservator?
A Conservator is an individual who is appointed, by the courts, to care for someone who is no longer able to care for themselves. Typically the Conservator is a child, spouse, or other individual who is caring for a relative.
What is Arbitration?
Arbitration is when two parties settle their dispute with the help of an arbiter. This avoids a full court trial and usually guarantees that the case is resolved quietly and without excessive press attention. For decades, businesses have included an arbitration clause in contracts to protect themselves in the case that grievances turn to legal action. Arbitration is often seen as controversial, especially in cases involving nursing homes and care facilities.
“In fact, a 2009 study commissioned by the American Health Care Assn. — the nursing-home industry group — found that average awards from arbitration in nursing-home cases were about 35% lower than what could have been expected if the cases had gone to trial.”
– David Lazarus, LA Times (2017)
This case involved the Holley family who faced the complicated laws surrounding the role of temporary conservators and much-disputed arbitration clauses.
In Holley v. Silverado Living Management, Inc., Elizabeth Holley’s children, who had been assigned as temporary conservators on behalf of their mother, filed suit against the Silverado Living Management care home contending that their mother was the victim of elder abuse, neglect, and substandard care while living at the facility.
Silverado Living Management then petitioned to force arbitration but were denied by both the Superior Court and the Court of Appeal.
Read the full analysis of this case here, and more about what you can do to identify and prevent elder abuse here.
If you have been a victim of Elder Abuse or know of an Elder Abuse case, please contact the proper authorities and then call Gharibian Law (866-239-8812) for the best legal representation.