California Supreme Court,
Litigation & Arbitration
Aug. 2, 2024
California Supreme Court says goodbye to Saint Agnes: Prejudice no longer required to waive arbitration
The California Supreme Court has ruled that a party cannot invoke the right to arbitrate if they have waived it, even if the other party was not prejudiced. This ruling overturns a previous decision that required a showing of prejudice to find waiver under the California Arbitration Act.
For decades, a court could not find that a party waived its right to arbitrate unless the failure to invoke that right "prejudiced" the other party. In the wake of last week's decision by the California Supreme Court in Quach v. California Commerce Club, Inc., S275121 (July 25, 2024), overruling St. Agnes Medical Center v. PacifiCare of California, 31 Cal. 4th 1187 (2003), that prejudice requirement is no more--a...
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