In St. Agnes Med. Ctr. v. PacifiCare of California (2003) 31 Cal.4th 1187, the California Supreme Court explained: "The term 'waiver' has a number of meanings in statute and case law. While 'waiver' generally denotes the voluntary relinquishment of a known right, it can also refer to the loss of a right as a result of the party's failure to perform an act it is required to perform, regardless of the party's intent to relinquish the right. In the arbitration context, 'the term "waiver" has also been used as a shorthand statement for the conclusion that a contractual right to arbitration has been lost.'" (Id. at p. 1195, fn. 4.) In deciding whether there is a waiver of the right to arbitration, St. Agnes applied the following factors: "'In determining waiver, a court can consider: "(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'; (6) whether the delay 'affected, misled, or prejudiced' the opposing party."'" (St. Agnes Med. Ctr. v. PacifiCare of California, supra, 31 Cal.4th at p. 1196)