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· 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

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.