Oregel

Seventeen months and more than 1,300 attorney hours after plaintiff Julio Oregel (Oregel) filed a class action against his former employer, defendant PacPizza, LLC (PacPizza), PacPizza petitioned to compel arbitration of Oregel’s claims. The trial court denied the petition, finding PacPizza waived its right to enforce a purported arbitration agreement between the two parties. PacPizza appeals, primarily contending the court erred in denying the petition, and also asserting two other claimed errors. We conclude the petition was properly denied, a conclusion that moots PacPizza’s remaining arguments. We thus affirm.

BACKGROUND

Preliminary Observation

We begin with an observation that, as the appellant, PacPizza was tasked with providing in its opening brief a summary of all evidence in the record that is material to the issues raised on appeal. (Cal. Rules of Court, rule 8.204(a)(2)(C); Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875 , 881 [ 92 Cal.Rptr. 162 , 479 P.2d 362 ].) This, it failed to do. PacPizza sets forth a less-than-candid “Chronology of Pertinent Events Underlying Appeal” that suggests little transpired in the 17 months between Oregel’s filing of his…