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BURTON v. CRUISE

No. G041835.

190 Cal.App.4th 939 (2010)

KIRSTEN BURTON, Plaintiff and Appellant, v. JOSEPH T. CRUISE et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

December 8, 2010.

Attorney(s) appearing for the Case

Walter R. Zech ; Law Offices of William J. Kopeny and William J. Kopeny , for Plaintiff and Appellant.

Reback, McAndrews, Kjar, Warford & Stockalper, Terrence J. Schafer ; Cole Pedroza , Kenneth R. Pedroza , Joshua C. Traver and Matthew S. Levinson , for Defendants and Respondents.

OPINION

ARONSON, J.—

We affirm the trial court's determination that a patient waived her contractual right to arbitrate a medical malpractice dispute by waiting to pursue arbitration until the virtual eve of trial, long after discovery, including expert discovery, had been completed.

Substantial evidence supports the trial court's factual determination on waiver, based on our Supreme Court's multifactored test in St. Agnes...

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