Does Emeritus have to prove that there is a notarization of a Power of Attorney?

California, United States of America


The following excerpt is from Benthin v. Emeritus Corp., A141385 (Cal. App. 2015):

In the matter before us, the purported "new" fact was that the power of attorney was valid because there was, indeed, a notarization. The issue, therefore, was whether Emeritus provided a satisfactory explanation for failing to present the notarized copy in connection with its original petition to compel arbitration. (See Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690 [requirement of a satisfactory explanation is synonymous with "a strict requirement of diligence"].)

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