What is the test for determining whether there has been a waiver of a party's right to arbitrate?

Factors to consider in deciding whether there has been a waiver include: (1) whether the party's actions were inconsistent with the right to arbitrate; (2) whether " 'the litigation machinery has been substantially invoked' and the parties 'were well into preparation of a lawsuit' before the party notified the opposing party of an intent to arbitrate;" (3) whether a party requested arbitration close to the trial date or delayed for a long period before seeking a stay; (4) whether a defendant seeking arbitration filed a counterclaim without requesting a stay; (5) " 'whether important intervening steps [e.g., taking advantage of judicial discovery procedures not available in arbitration] had taken place' "; and (6) whether the delay affected, misled, or prejudiced the opposing party. (St. Agnes, supra, 31 Cal.4th at p. 1196; Sobremonte v. Superior Court (1998) 61 Cal.App.4th 980, 992.)

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