PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Waiver?
8 Cards On This Topic:

Finding of procedural unconscionability not required to invalidate class arbitration waiver if waiver implicates unwaivable statutory rights. Such finding prerequisite to finding agreement as a whole is unconscionable.

Trial ct. properly denied D's motion to compel where employment agreement not subject to FAA and its class waiver provision unenforceable under CA law and Gentry.

Trial court correct that it, rather than an arbitrator, should decide the merits of the waiver by litigation conduct defense to arbitration asserted by Ps.

D waived its right to arbitration by unreasonably delaying its arbitration demand and litigating P’s claims on the merits.

D waived arb. by waiting 5 mos. after answering, while evading P's written discovery requests and offering settlements to class members, to file motion to compel; such actions inconsistent with intent to arbitrate and were prejudicial to P.

Health Net's participation in litigation by way of demurrers did not, in absence of prejudice to P, waive its right to enforce arbitration agreement between parties.

Health Net waived right to compel arbitration by engaging in substantial discovery and prejudicing Ps.

Error to compel arbitration re statutory claims of employment discrimination where collective bargaining agreement had no clear and unmistakable waiver of employees' rights to judicial forum.