What is the standard for proving a waiver of a right to arbitrate?
California, United States of America
The following excerpt is from Fraser v. RV Country, Inc., F080279 (Cal. App. 2020):
3. Thus, a party contending the right to arbitrate was waived is not subject to the rule of law specifying the standard for proving a waiver in other contexts. Under that rule, the party claiming a waiver of a right has the burden of proving it by clear and convincing evidence. (Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1, 31; see Evid. Code, 115 [burden of proof].)
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