What is the test for waiving a right to arbitrate?
California, United States of America
The following excerpt is from Mata v. Regency Park Senior Living, Inc., B249130 (Cal. App. 2014):
"There is no fixed stage in a lawsuit beyond which further litigation waives the right to arbitrate. Rather, the court views the litigation as a whole in determining whether the parties' conduct is inconsistent with a desire to arbitrate." (Hoover v. American Income Life Ins. Co. (2012) 206 Cal.App.4th 1193, 1204 (Hoover).)
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