Adolph

Defendant Coastal Auto Sales, Inc., doing business as Norm Reeves Honda Superstore, appeals the court’s denial of its petition to compel arbitration. We affirm. The court’s factual finding that defendant waived its right to arbitrate is supported by substantial evidence. A defendant may not use court proceedings for its own purposes, while remaining uncooperative with a plaintiff’s efforts to use those same court proceedings, and then, upon failing to achieve defendant’s own objectives in court, and at the time when the parties should be engaged in final trial preparation, demand arbitration for the first time.

FACTUAL AND PROCEDURAL SUMMARY

Plaintiff Lauren Adolph bought a 2003 Honda Civic from defendant and traded in her 1998 Ford Escort toward the downpayment. Plaintiff later sued defendant for failing to transfer ownership of the Escort to itself, causing plaintiff to be charged with parking fines, towing and impound fees, and a tax garnishment related to the Escort she no longer owned. On the day before plaintiff filed her original complaint, she served by certified mail a notice of violation of the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq.),…