What is the test for establishing a waiver in an arbitration agreement?
California, United States of America
The following excerpt is from Billuni v. Myers, G048130 (Cal. App. 2014):
1195 [strong policy in favor of arbitration; "waivers are not to be lightly inferred and the party seeking to establish a waiver bears a heavy burden of proof"]; Sobremonte v. Superior Court (1998) 61 Cal.App.4th 980, 991 ["Whether a party to an arbitration agreement has waived the right to arbitrate is a question of fact, and a trial court's determination on that matter will not be disturbed on appeal if supported by substantial evidence"].)
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