California, United States of America
The following excerpt is from Degraff v. Perkins Coie Cal. P.C., A148405 (Cal. App. 2018):
4. As plaintiff observes, a party waives its right to arbitration by engaging in "litigation of the merits of arbitrable issues." (Lewis v. Fletcher Jones Motor Cars, Inc. (2012) 205 Cal.App.4th 436, 450.)
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