In Sprunk v. Prisma LLC, ___ Cal.App.5th ___ (Aug. 23, 2017), the Court of Appeal (Second Appellate District, Division One) held that the defendant "waived its right to seek arbitration by filing and then withdrawing a motion to compel arbitration against the named plaintiff, Maria Elena Sprunk, and then waiting until after a class had been certified to seek arbitration against class members." Slip op. at 2.
UPDATE: Scott Leviant has a more detailed discussion ("Arbitration sunk in Sprunk") over at The Complex Litigator.
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