In Saint Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, the California Supreme Court explained that "no single test delineates the nature of the conduct that will constitute a waiver of arbitration." (Id. at p. 1195.) The court adopted several factors to be considered in assessing waiver claims: "'"(1) whether the party's actions are inconsistent with the right to arbitrate; (2) whether 'the litigation machinery has been substantially invoked' and the parties 'were well into preparation of a lawsuit' before the party notified the opposing party of an intent to arbitrate; (3) whether a party either requested arbitration enforcement close to the trial date or delayed for a long period before seeking a stay; (4) whether a defendant seeking arbitration filed a counterclaim without asking for a stay of the proceedings; (5) 'whether important intervening steps e.g., taking advantage of judicial discovery procedures not available in arbitration had taken place'; and (6) whether the delay 'affected, misled, or prejudiced' the opposing party."'" (Id. at p. 1196.)