Simms

*236 Opinion

Plaintiffs, Vicki Simms and Kenneth Simms, appeal from orders in which the trial court found they had waived the right to arbitrate their dispute over a commercial lease and that defendant NPCK Enterprises, Inc. (NPCK), was entitled to an injunction requiring plaintiffs to relinquish fixtures and equipment in which NPCK had a security interest. 1 NPCK moves for sanctions for a frivolous appeal.

We reverse. Although plaintiffs filed suit for damages and sought a preliminary injunction, substantial evidence does not support a finding of waiver of arbitration as there is no evidence defendants were prejudiced by plaintiffs’ inconsistent actions and delay in seeking arbitration. The appropriate prejudgment remedy to recover possession of personal property is a writ of possession under the claim and delivery law, not an injunction. Since we find merit in plaintiffs’ appeal, we award no sanctions.

Factual and Procedural Background

On March 1, 1998, plaintiffs, doing business as Grandpa’s Brand Food, leased property in Somerset, California, from NPCK for a restaurant, deli, and meat market. The lease provided that plaintiffs granted NPCK a security interest in trade…