In re Senior Living Properties, LLC (Tex.App.- Houston [1st Dist.] Aug. 25, 2008)(per curiam)
(arbitration denied, agreement illusory, lacking mutuality)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Nuchia, Jennings and Keyes
01-06-00735-CV In re Senior Living Properties, L.L.C., and Hospitality Health Care Services,
L.L.C.
Appeal from 253rd District Court of Chambers County
Trial Court Judge: Hon. Chap B. Cain III
Attorneys: Lee L. Cameron Jr., Shauna Amber Izadi, Cynthia Kay Shanklin | G. Scott Fiddler
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relators, Senior Living Properties, L.L.C. and Hospitality Healthcare Services, L.L.C., filed a petition
for a writ of mandamus challenging Judge Cain's July 24, 2006 order denying relator's motion to
compel arbitration. (1) The underlying case is an employment dispute between the relators and the
real party in interest, Margaret Lea Cannon. The parties have stipulated that Cannon was an at-will
employee, that she signed the arbitration agreement, and that the arbitration agreement is subject to
the Federal Arbitration Act. 9 U.S.C. §§ 1-16 (2000).
The dispute centers over the following language in the arbitration agreement: "The terms of this
Agreement may not be altered, amended, or modified except by the Chief Operating Officer of Senior
Living Properties. Senior Living Properties LLC reserves the right to alter, amend, eliminate, or
modify this agreement prior to the initiation of any proceeding controlled or falling under the terms of
this Agreement." Judge Cain denied the motion to compel on the basis that the arbitration agreement
was illusory and lacked mutuality because Senior Living could unilaterally avoid arbitration after a
cause of action accrued, as long as it altered the agreement before the "initiation of any proceeding."
See In re Palm Harbor Homes, Inc., 195 S.W.3d 672, 677 (Tex. 2006) (arbitration agreement may be
illusory if party can unilaterally avoid agreement to arbitrate).
We deny the petition for a writ of mandamus.
PER CURIAM
Panel consists of Justice Nuchia, Jennings, and Keyes.
1.