· 12/18/2003
Saint Agnes Medical Center v. PacifiCare of California
Citations
- 82 P.3d 727
- 8 Cal. Rptr. 3d 517
- 31 Cal. 4th 1187
- 2003 Daily Journal DAR 13791
- 2003 Cal. Daily Op. Serv. 10926
- 2003 Cal. LEXIS 9581
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that merely participating in litigation, by itself, does not result in a waiver
- noting that prejudice is a critical 27 consideration
- prejudice may be found where the petitioning party used discovery process to gain information that could not have been gained in arbitration
- unreasonable delays by a party or bad faith may constitute waiver and justify a refusal to compel arbitration
- “Our [California] 6 state waiver rules are in accord. State law, like the FAA, reflects a strong policy favoring 7 arbitration agreements and requires close judicial scrutiny of waiver claims.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Baxter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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