Sachs

I. INTRODUCTION

Defendants, GP/T Holdings, LLC and TSC Acquisition Corporation, appeal from orders denying their motions to compel arbitration. Plaintiff, Michael M. Sachs, as Trustee of Westrec Properties, Inc. & Affiliated Companies 401(k) Plan filed petitions to compel defendants to produce certain records for his inspection. Plaintiff alleged he had an economic interest under the Corporations Code to view these records. Defendants moved to compel arbitration under an operating agreement’s arbitration clause signed by GP/T Holdings, LLC. Defendants’ motions. It found the operating agreement’s arbitration clause did not apply to the subject matter raised by plaintiff’s mandate petitions. Even if it did, the trial court found defendants had waived their arbitration rights. Defendants contend the trial court erred. They assert the arbitration agreement applied to plaintiff’s claims. They also maintain they did not waive their arbitration rights. We affirm the orders because defendants waived their right to arbitrate.

II. BACKGROUND

A. Plaintiff’s Mandate Petitions

1. Introduction

There are two mandate petitions in this case, both filed on January 14, 2013. Plaintiff’s first…