Dunham v. Sierra Process Systems
Richard Dunham filed a lawsuit against Sierra Process Systems, Inc. (SPS) for wrongful termination and other causes of action related to his employment with SPS. In his employment application with SPS, Dunham had agreed to arbitrate any dispute arising from his employment. SPS answered Dunham’s complaint, participated in discovery, failed to state that it was willing to participate in arbitration in its case management statement, and attended a case management conference with the court without mentioning arbitration. Only after engaging new counsel to take over its representation in this matter did SPS file a petition to compel arbitration, almost six months after Dunham had filed his complaint.
The trial court denied SPS’s petition because it found that SPS had waived its right to compel arbitration. On appeal, SPS contends that the trial court’s denial of the petition was not supported by substantial evidence. We disagree and affirm.
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