Paige Martin v. Gary Yasuda

Defendants Gary Yasuda and Amarillo College of Hairdressing appeal the district court’s denial of their motion to compel arbitration. The district court found that the defendants waived their right to arbi tration by their litigation conduct. We affirm.

FACTUAL BACKGROUND

Defendant Amarillo College of Hairdressing, Inc., doing business as “Milan Institute” and “Milan Institute of Cosmetology” (collectively “Milan”), is a group of nationally accredited private colleges offering career training in cosmetology. The plaintiffs are individuals who enrolled in a cosmetology program at Milan Institute. As part of their enrollment, each of the plaintiffs signed an Enrollment Agreement that contained a binding arbitration provision. The arbitration agreement provides, in relevant part:

In order to graduate from a cosmetology school, students must, among other things, complete 1600 hours of technical instruction and practical training. Cal. Code Regs, tit. 16, § 950.2(a). The students perform cosmetology, barbering, and manicure services for the college’s paying clients. The students also clean, sweep, wash and fold laundry, set up and take down studios, clean pedicure bowls,…