Sobremonte
Rosario E. Sobremonte v. Superior Court of Los Angeles County
Opinion
Opinion
Hitching, J.
— Rosario Sobremonte (Sobremonte) and her mother Amparo Esperidion (Esperidion) seek mandamus relief from an order granting Bank of America’s (Bank) petition to compel arbitration of a dispute arising from an alleged improper setoff against their accounts.
Sobremonte and Esperidion have made two arguments. First, they contend the arbitration provision was invalid and unenforceable because of lack of sufficient notice and mutual assent of the parties. Second, they assert the Bank waived its right to compel arbitration because it both failed to timely initiate the arbitration process, and engaged in conduct inconsistent with an intent to arbitrate.
We find, on this record, that the Bank waived its right to enforce the arbitration provision. This is because the Bank (1) unreasonably delayed its demand for arbitration, (2) engaged in litigation conduct inconsistent with an intent to arbitrate, and (3) prejudiced the plaintiffs by causing them to incur costs and attorney fees, and lose the benefits of arbitration.
We find no substantial evidence to support the trial court’s determination that the Bank had not waived its right to arbitration. Accordingly, we reverse. Because…