California Court of Appeal

In a suit asserting claims arising out of the vehicle lease agreement the plaintiff entered into with a car dealer, the trial court's ruling denying the defendant's motion to compel arbitration is affirmed, where: 1) the trial court applied the correct test to evaluate the claim that the defendant waived the right to contractual arbitration; and 2) substantial evidence supported the trial court’s finding that the defendant waived the right to arbitration by a) delaying its arbitration demand for an unreasonable time period, b) engaging in litigation on the merits of the plaintiff's claims and taking other steps inconsistent with the right to arbitration, and c) prejudicing the plaintiff through the delays and litigation on her claims.

Appellate Information

• Decided 04/25/2012
• Published 04/25/2012

Judges

• Aronson

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Gilbert, Kelly, Crowley & Jennett, Law Office of Michael R. Vachon