Defendant Waived Arbitration By Propounding Discovery.

In a wage and hour case filed as a class action, instead of petitioning for arbitration outright, the employer defendant answered the complaint, asserting the plaintiff’s claims were subject to arbitration. The defendant proceeded to both respond to plaintiff’s discovery and propound discovery of its own. The parties then agreed to stay discovery for the purpose of discussing settlement. After settlement discussions failed, discovery continued and plaintiff sought to amend his complaint. At that point, defendant petitioned to compel arbitration. The trial court’s order stated: “Defendant waived the right to arbitrate by propounding and responding to class discovery. Finding substantial evidence to support the trial court’s ruling, the appellate court affirmed. (Bower v. Inter-Con Security Systems, Inc. (Cal. App. First Dist., Div. 3; December 31, 2014) 232 Cal.App.4th 1035, [181 Cal.Rptr.3d 729].)