Arbitration, Waiver, By Participation in Litigation, No Prejudice Need Be Shown, 1, 7
Following Morgan v. Sundance, Inc. (2022) 142 S.Ct. 1708, the California Supreme Court reverses its own prior precedent that required prejudice in addition to intentional relinquishment or abandonment of a known right in order to find waiver of the right to compel arbitration. The prior California cases which required prejudice were based on federal authorities that Morgan has now overruled. So there is no reason for California not to follow the changed federal law on waiver.