California Code of Civil Procedure Section 1281.2

The enforcement of a contractual arbitration provision is governed by Code of Civil Procedure section 1281.2, which provides in pertinent part: "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner ... ." California law "reflects a strong policy favoring arbitration agreements and requires close judicial scrutiny of waiver claims, and the party seeking to establish a waiver bears a heavy burden of proof." (St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187; see Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972 64 Cal. Rptr. 2d 843, 938 P.2d 903.) Waiver will not be lightly inferred, and any doubts regarding waiver should be resolved in favor of arbitration. (St. Agnes, supra, at p. 1195.) No single test defines the conduct that will constitute waiver of an arbitration right. Rather, courts look to a number of factors to determine whether waiver has occurred. (St. Agnes, supra, 31 Cal.4th at pp. 1195-1196.)