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p0396 A party who files an action does not thereby waive the right to arbitrate after the action is dismissed without a decision on the merits, and the party's request for a temporary restraining order also does not constitute a waiver if the party requesting that provisional remedy also requests a stay, or if no prejudice resulted to the other party.CitationSIMMS v NPCK ENTERPRISES (Arbitration Waiver) 109 CA4 233 [See: CCP 1281.2; Sobremonte v Superior Court 61 CA4 980, T/AT 4/98; Davis v Continental 59 CA4 205, T/AT 12/97; Doers v Golden Gate 23 C3 180]
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