Delgado

I.

INTRODUCTION

In this second appeal in the above-captioned matter, Defendant Statewide Fumigation San Diego County, Inc. (Statewide) appeals from an order denying a petition to compel arbitration. The trial court denied Statewide’s petition to compel arbitration on the ground that Statewide waived any right it may have had to arbitrate this matter. We affirm.

II.

BACKGROUND

Delgado filed this putative class action against Statewide on May 27, 2016, on behalf of himself and other similarly situated current and former employees of Statewide. In his complaint, Delgado alleged a variety of Labor Code violations against Statewide, including the failure to provide meal periods, to provide rest periods, to pay minimum and straight time wages, to pay overtime compensation, to pay wages in a timely manner upon termination of employment, and to provide accurate statements and maintain required records. The complaint also alleged a claim for unfair business practices under Business and Professions Code section 17200 et seq. (Section 17200). Finally, Delgado brought a representative cause of action under the Private Attorneys General Act (PAGA), Labor Code section 2698 et seq., for all…