Roland v. Covenant Care
Covenant Care of California, Inc. (Covenant) appeals from an order denying a motion to compel arbitration. (Code Civ. Proc., 1281.2, 1292.4, 1294.)[1] The trial court denied the motion, inter alia, on the ground that Covenant had waived any such right by actively participating in the litigation and failing to seek arbitration until trial was imminent. Covenant contends this ruling was erroneous. Respondents George Roland (Roland) and his children, Janice Coleman, Pamela Lighten, Darwin Roland, Charlene Young, and Sandra Drain (collectively, the Rolands) contend that the appeal of the ruling is frivolous and taken solely for delay. Finding no merit in Covenants contention of error, we shall affirm the judgment (order denying motion to compel arbitration). However, Court are not persuaded that Covenants appeal is frivolous and shall deny the Rolands motion for sanctions.
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