Use It Or Lose It.

Court of Appeal upheld trial court’s finding employer waived arbitration by delaying arbitration for an unreasonable time period [not expressing desire to arbitrate for four months after action commenced and waiting almost another month before filing its motion to compel arbitration]; engaging in litigation on the merits by taking steps inconsistent with arbitration [multiple demurrers, motions to strike, discovery]; and, prejudicing the employee/plaintiff through the delays and litigation of her claims.  Lewis v. Fletcher Jones Motor Cars  (Cal. App. Fourth Dist., Div. 3;  April 25, 2012) (As mod. Apr. 25, 2012) 205 Cal.App.4th 436, [140 Cal.Rptr.3d 206].