Balboa Ins. Co. v. WG Mills, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that there was no waiver where party asserted the right to arbitration in a motion to dismiss filed as its initial response to the lawsuit
• finding the appellant did not waive its right to arbitrate because the motion was clearly “based on its contractual right to arbitration” despite not including “motion to compel” in the title
• dismissal motion, which was substantially a motion to compel arbitration, governed by substance rather than label

Source: CourtListener parenthetical corpus (CC0).