Mediators of Southern California
The trial court, rather than an arbitrator, should decide the merits of the waiver by litigation conduct defense to arbitration asserted by plaintiffs.
Hong v. CJ CGV America Holdings, Inc., California Court of Appeal, Second District, Div. Five, case no. B246945, filed December 18, 2013,
Link: http://www.courts.ca.gov/opinions/documents/B246945.PDF
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