Arbitration Waived Due to Delay

Lewis v. Fletcher Jones Motor Cars, Inc.

Metropolitan News-Enterprise
April 25, 2012

Lewis v. Fletcher Jones Motor Cars, Inc.(cite as G045603), filed March 26, 2012 and publication ordered April 25, 2012, found that defendant waived arbitration where it waited four months after the complaint was filed to demand arbitration and another month to compel arbitration. Plaintiff brought action to contest the $19,000 billed to her by the dealership when she returned her lease. The court did not accept Defendant’s position that the delay to compel arbitration was due to its belief that a class-action waiver rendered the arbitration agreement unenforceable.

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