Arbitration Odds & Ends

Gloster v. Sonic Automotive, No. A137081 (D1d1 Apr. 23, 2014)

In this appeal of a denial of a motion to compel arbitration, the court resolves a key procedural issue regarding the parties’ capacity to contractually define the scope of arbitrability, declines to find a waiver, notwithstanding the moving party’s year-long delay before moving to compel and, perhaps unwittingly, widens a split of authority concerning third party rights to invoke arbitration clauses.