HPROF, LLC v. Bank of America CA1/3
Defendants Bank of America, N.A. and The Bank of New York Mellon appeal from an order denying their motion to compel arbitration of plaintiff HPROF, LLC’s complaint for breach of contract. Defendants contend the trial court erred in concluding that they waived their right to arbitrate by unreasonably and prejudicially delaying the arbitration demand while actively participating in the litigation of plaintiff’s claim. On appeal, defendants argue that the question of waiver should have been decided by the arbitrator and, alternatively, that if the court had authority to decide the question, it erred in failing to compel arbitration because plaintiff did not make a sufficient showing of prejudice. We find no error and thus shall affirm the order.
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