A Reference To "Dementia" Signals Where The Court Was Headed.
Harold and Lucy West and their adult daughter Deon were approached by a salesperson from Elite Home Remodeling, Inc. regarding solar panel installation and bathroom renovation. Harold and Lucy, in their 90s and suffering from dementia, did not use email, computers, or mobile phones. A loan agreement with Solar Mosaic LLC for financing was processed using Deon’s email and signed electronically with Harold’s name. However, a recorded call with Harold raised doubts about his understanding of the transaction. He struggled to answer basic questions. When the bathroom was demolished, Deon tried to cancel the contract. Elite refused. The trial court denied Mosaic’s petition to compel arbitration, citing a lack of evidence that Harold had entered into the agreement or that Deon had authority to bind him. Mosaic appealed. Lucy West, et al. v. Solar Mosaic LLC, B334178 (2/8 10/16/24) (Stratton, Grimes, Wiley).
Affirmed. Solar Mosaic LLC did not establish an enforceable arbitration agreement. There was insufficient evidence Harold West signed the loan documents or authorized Deon to do so on his behalf.
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