Since one of the goals of arbitration is reduce litigation time and expenses, arbitrations do not typically involve appeals. But sometimes cases can raise issues related to arbitration, and these can generate an appeal.
This case raised the issue of when a party can waive its right to arbitrate.
The plaintiffs sued for elder abuse, wrongful death, and other torts. The parties had previously entered into an agreement providing for arbitration. After the plaintiffs sued, the defendants had conducted discovery, filed numerous motions, waited a considerable amount of time, and then moved to compel arbitration. The trial court held that the defendants had waived their right to arbitration by actively litigating the case. The defendants appealed, and Mr. Adelstein represented the prevailing plaintiffs on appeal. The Court of Appeal agreed with Mr. Adelstein and the trial court and affirmed.
Case Data
Court: California Court of Appeal, Second Appellate
District, Division One (Los Angeles)
Case No. B141492
Author: Justice Reuben A. Ortega
Opinion Date: May 2, 2000
Trial Counsel: William H. Newkirk, Newkirk, Rollin & Drucker (now with Law
Offices of William H. Newkirk)