Lawyers Waived Contractual Right to Arbitrate Under Agreement Due to Active Litigation
Div. Five of this district’s Court of Appeal held Friday that an attorney and associated law firms have waived their contractual right to arbitrate claims against them by having actively pursued litigation against the defendants in court—requesting a temporary restraining order and preliminary injunction, propounding discovery, and indicating a demand for a jury trial—and only filing the request after a cross-complaint was filed against them.
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