Daisy Alvarez v. Sheraton Operating Corporation

FILED

NOT FOR PUBLICATION

JAN 6 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAISY ALVAREZ, No. 21-55562

Plaintiff-Appellee, D.C. No. 2:20-cv-03608-TJH-JC

v.

MEMORANDUM*

SHERATON OPERATING

CORPORATION, a Delaware corporation;

MARRIOTT INTERNATIONAL, INC.,

Defendants-Appellants,

Appeal from the United States District Court for the Central District of California Terry J. Hatter, Jr., District Judge, Presiding

Argued and Submitted December 8, 2021 Pasadena, California

Before: W. FLETCHER, RAWLINSON, and OWENS, Circuit Judges.

Defendants-appellants Sheraton Operating Corporation and Marriott

International, Inc., appeal from the district court’s order denying their motion to

compel arbitration. The district court applied California law in holding that

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. appellants waived their right to compel arbitration by its active litigation of the

case over thirteen months. On appeal, appellants contend that the district…