Civil Litigation,
Labor/Employment,
California Courts of Appeal,
Appellate Practice
Aug. 31, 2017
Strategic delay in compelling arbitration deemed waiver of right against class
By deciding not to compel arbitration against the named plaintiff, a defendant in a putative class action can waive its right to compel arbitration against absent class members.
By deciding not to compel arbitration against the named plaintiff, a defendant in a putative class action can waive its right to compel arbitration against absent class members, the Division 1 of the 2nd District Court of Appeal has held. Sprunk v. Prisma LLC, 2017 DJDAR 8214 (Aug. 23, 2017).
The court said Prisma LLC "waived its right to seek arbitration by filing and then withdrawing a motion to compel a...
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