What is the test for a motion to compel arbitration in a personal injury matter?

California, United States of America


The following excerpt is from Burton v. Cruise, 10 Cal. Daily Op. Serv. 15, 265, 118 Cal.Rptr.3d 613, 190 Cal.App.4th 939 (Cal. App. 2011):

California law favors arbitrations as a relatively quick and cost-effective means to resolve disputes. ( Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9, 10 Cal.Rptr.2d 183, 832 P.2d 899.) There is a statutory exception where the "right to compel arbitration has been waived" by the moving party. ( 1281.2, subd. (a).)

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