Wolf v. Loring Ward International
Defendants and appellants Martin Weinberg (Weinberg), Robert Philpott (Philpott), Loring Ward International, Ltd. (LW International), SNCB002, Inc. (SNCB002), and Assante Corporation (Assante) (collectively, defendants) appeal an order denying their motions to compel arbitration of a lawsuit filed by plaintiff and respondent Christine Wolf (Christine). [1]
The trial court denied the motions to compel arbitration on the ground “there has been a waiver by moving parties of their right to compel arbitration, due to the six-year delay in requesting arbitration and the extensive, substantive litigation that has proceeded on these very same facts in federal and state court for the past six years.â€
The “question of waiver generally is one of fact. [Citation.] As such, the trier of fact’s finding of waiver, if supported by substantial evidence, is binding on this court. [Citation.] ‘ “The appellate court may not reverse the trial court’s finding of waiver unless the record as a matter of law compels finding nonwaiver.†[Citation.]’ [Citation.]†(Roberts v. El Cajon Motors, Inc. (2011) 200 Cal.App.4th 832, 841 (Roberts).)
We conclude the trial court’s finding of waiver is supported by substantial evidence. Accordingly, the order denying the motions to compel arbitration is affirmed.
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