Seyfarth Synopsis:
The California Supreme Court reaffirmed that arbitration
agreements are on equal footing with other types of contracts.
Therefore, a court should apply the same principles that apply to
other contracts to determine whether the party seeking to enforce
an arbitration agreement has waived its right to do so. Quach v.
California Commerce Club, Inc.
The Facts
In 2018, following his termination, Peter Quach sued his former
employer, California Commerce Club, Inc., for discrimination,
harassment, and retaliation, among other things. Commerce
Club's answer asserted an "affirmative defense" that
Quach should be compelled to arbitrate his claims. Initially,
Commerce Club was not able to locate a fully-executed copy of
Quach's 2015 arbitration agreement—it only found the
signature page. Therefore, rather than filing a motion to compel
arbitration based on the 2015 arbitration agreement, Commerce Club
actively participated in discovery, including
