Disagreeing with Avila v. Southern California Specialty Care, Inc. (2018) 20 Cal.App.5th 835 and following Ruiz v. Podolsky (2010) 50 Cal.4th 838, this decision holds that a medical provider’s arbitration provision that complies with CCP 1295 requires the patient’s survivors (who didn’t sign the arbitration clause) to arbitrate their wrongful death claim based on negligent acts of a health care provider–here, a 24/7 care facility–such as understaffing, allowing the decedent to fall, and to develop infections. While the Elder Abuse Act allows a survival action for neglect that is not governed by CCP 1295, that claim belongs to the patient (and after his death to his survivors); whereas, a wrongful death action is a statutory claim belonging solely to the heirs, not the decedent. The Elder Abuse Act does not grant a separate claim to heirs, like a wrongful death suit. Hence, the heirs’ suit, even if based on allegations of elder abuse, is still governed by CCP 1295 and must be arbitrated.