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Ogannesian v. ICC Collision Centers, Inc.

Articles Discussing Case:

The Early Bird Catches the Worm: Delaying Motion to Compel Arbitration Can Waive Right to Arbitration in California

Ogletree Deakins • September 21, 2016
On June 16, 2016, a California Court of Appeal, in an unpublished decision, issued yet another ruling applying the doctrine of waiver to arbitration agreements in the employment litigation context. In Ogannesian v. ICC Collision Centers, Inc., a defendant waited eight months after responding to a complaint before bringing its motion to compel arbitration. During those eight months, the court-determined trial date had been set and the defendant had participated in the discovery process by serving and responding to written discovery. The court of appeal affirmed the trial court’s decision that the defendant had waived its right to compel arbitration by waiting eight months to file a motion.