Medhurst

DISCUSSION

Standard of Review Appellant contends it did not waive its right to arbitration. “Ordinarily, because some facts are disputed and the critical facts permit conflicting inferences as to whether [appellant] waived any right to arbitrate, we would review for substantial evidence.” (Campbell v. Sunshine Behavioral Health, LLC (2024) 105 Cal.App.5th 419, 428.) The trial court, however, decided appellant’s motion shortly before our Supreme Court overruled California’s arbitration-specific rule of waiver in Quach v. California Commerce Club, Inc. (2024) 16 Cal.5th 562 (Quach). “Because Quach applies retroactively to this direct appeal [citation], and because we may affirm a trial court’s ruling on any correct ground [citation], we will follow the protocol set forth in Quach itself by ‘reviewing de novo the undisputed record of the trial court proceedings and asking whether’ a finding of waiver is warranted under Quach’s newly articulated test.” (Hofer v. Boladian (2025) 111 Cal.App.5th 1, 10, quoting Quach, at p. 585, fn. omitted.) “The undisputed record may be comprised of disputed and undisputed facts; we may weigh that evidence and make our own findings regarding waiver…