Jacoby

I. INTRODUCTION

Defendant, Islands Restaurants, L.P., appeals from a June 28, 2013 order denying its motion to compel arbitration against plaintiff, Kathryn Jacoby. Defendant was originally sued by Jonathan Chambless who withdrew from the case for personal reasons. The trial court denied the motion to compel arbitration, finding defendant waived its right to arbitrate. Because substantial evidence supports the trial court’s waiver determination finding, we affirm the denial of defendant’s motion to compel arbitration.

II. BACKGROUND

A. Class Action Complaint

On March 30, 2011, Mr. Chambless filed a class action complaint against defendant. Mr. Chambless was employed as a server, a non-exempt hourly paid position, from May 2009 to December 2010 at defendant’s Woodland Hills restaurant. The complaint alleges defendant failed to compensate plaintiff and class members for: unpaid rest period premiums; split-shift premiums; unpaid reporting time; failure to provide seating; and full reimbursement of business-related expenses and costs. The complaint also alleges defendant failed to pay plaintiff and other class members all wages owed them upon discharge including rest period and…