Can Roman obtain a waiver of a motion to compel her to give evidence in a personal injury case?

"Although Roman incurred litigation expenses in serving and filing objections to discovery requests and opposing the demurrer and motion to compel her deposition, those expenses are insufficient, by themselves, to support a finding of waiver: ""[W]aiver does not occur by mere participation in litigation'" if there has been no judicial litigation of the merits of arbitrable issues' and no prejudice." (Roman v. Superior Court, supra, 172 Cal.App.4th at pp. 1478-1479, citations omitted.)