Does a defendant have a waiver of arbitration right if they file demurrers and motions to strike and participate in discovery without raising their right to arbitrate?
California, United States of America
The following excerpt is from Brown v. Beverly Hills Surgery Ctr., LLC, B243494 (Cal. App. 2014):
Lewis v. Fletcher Jones Motor Cars, Inc., supra, 205 Cal.App.4th 436, 449-453 [defendant's filing of demurrers and motions to strike and participation in discovery without raising its right to arbitrate resulted in prejudicial delay and waiver of arbitration right].)
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