BRYANT, KANDIE v. MAIDU DENTAL

PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 3 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR AUGUST 6, 2026, AT 8:30 A.M.

defendant waived its right to arbitration. To establish the defense of waiver, plaintiff bears the burden to prove by clear and convincing evidence that defendant knew of the arbitration right and intentionally relinquished or abandoned it. (Quach v. California Commerce Club, Inc. (2024) 16 Cal.5th 562, 584.) “[I]ntentional relinquishment or abandonment of the right may be proved by evidence of words expressing an intent to relinquish the right or of conduct that is so inconsistent with an intent to enforce the contractual right as to lead a reasonable factfinder to conclude that the party had abandoned it.” (Ibid.) Plaintiff must show it is highly probable the facts that support waiver are true. (Ibid.)

Here, defendant intentionally abandoned its right to arbitration because it knew about its right to arbitration as it reserved two separate hearings for a motion to compel arbitration on August 21, 2025, and November 20, 2025—that was ultimately continued to March 5, 2026—yet the hearings were dropped because defendant did not file any moving papers with the court. Moreover, defendant acted inconsistent with its right to enforce contractual arbitration because it did not properly move for arbitration until 14 months after it filed its answer and during the 14-month period between answering and moving to compel arbitration it responded to discovery, propounded interrogatories, issued deposition notices, sent inspection demands, and engaged in law and motion proceedings.

Accordingly, defendant’s motion to compel arbitration and stay action is denied.

5. S-CV-0054211 BRYANT, KANDIE v. MAIDU DENTAL

Defendant Luminita Markham’s Motion to Compel Response to Request for Statement of Damages

Defendant moves to compel a response to her request for statement of damages served on plaintiff via email on January 16, 2026. Specifically, defendant requests plaintiff to provide an itemized description of the following damages: 1. Hospital expenses and bills, if any; 2. Doctor, nurse, therapist or other medical practitioner expenses and bills, if any; 3. Wage or income loss, if any; 4. Diminution of earning capacity, if any; 5. General damages, including, but not limited to, pain and suffering, humiliation, embarrassment, and inconvenience.