Jimenez v. Altamed Health Services CA2/5
Altamed Health Services Corporation (defendant) willingly litigated the merits of Yesenia Jimenez’s (plaintiff) wrongful termination lawsuit in the trial court for almost two years without raising arbitration as a defense. But as trial approached, defendant changed attorneys and filed a motion to compel arbitration and stay the proceeding. The trial court denied the motion, finding that defendant had waived the right to compel arbitration by waiting nearly two years before bringing the motion. Defendant timely appealed.
On appeal, defendant contends that it could not waive its right to compel arbitration because plaintiff had already waived her right to proceed in the trial court by signing the arbitration agreement. Defendant also contends that the trial court applied the wrong test for determining waiver and “conflated” mere delay with the requirement of prejudice.
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