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2792 REVIEW DENIED Although parties agreed that challenges to the sufficiency of the complaint would not constitute a waiver of the right to compel arbitration, defendant's use of the discovery process to gain information about plaintiff's case during the course of litigation, which defendants could not have gained in arbitration, resulted in a waiver of the right to arbitrate.CitationBERMAN v HEALTH NET (Arbitration Discovery) 80 CA4 1359 [See: CCP 1281.2(a); Davis v Continental 59 CA4 205, T/AT 12/97; Engalla v Permanente 15 C4 951, T/AT 8/97]
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