California Court Finds Arbitration Waived After Extensive Litigation

On 5/9/25, in Hofer v. Boladian, the California Court of Appeal held that plaintiffs waived their right to compel arbitration by engaging in extensive litigation inconsistent with an intent to arbitrate. The court emphasized that a party's conduct in litigation can constitute a waiver of arbitration rights, especially when it results in prejudice to the opposing party.

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