Insight

Let’s Litigate … No, Wait, Let’s Arbitrate

Arbitration is intended to be a quicker, less costly alternative to courtroom litigation. But what happens when one party in a dispute seems to want to pursue the matter in court, only to profess a desire to arbitrate years after the complaint was first filed?

M. Laurie Murphy

Written by M. Laurie Murphy

Published: April 9, 2026

Background of the Dispute

Quinton McDonald worked as an hourly employee at a Sierra Pacific Industries sawmill from 2015 to 2018. Sierra Pacific is a family-owned company that operates multiple sawmills across California, Oregon, and Washington and manages millions of acres of timberland in the western United States.

Like many of the company’s nonexempt employees, some workers signed arbitration agreements as a condition of employment. These agreements required that employment-related disputes be resolved through individual arbitration and barred participation in class actions. McDonald, however, did not sign such an agreement.

The Class Action Lawsuit

In October 2018, McDonald filed a class action complaint alleging violations of California wage-and-hour laws and unfair competition statutes. The lawsuit sought to represent eight proposed classes of current and former employees, including individuals who had signed arbitration agreements.

Sierra Pacific responded by denying the allegations and asserting several affirmative defenses. Notably, arbitration was not among them. McDonald later filed an amended complaint in early 2019, and while Sierra Pacific added arbitration as an affirmative defense at that stage, it removed arbitration again when responding to a second amended complaint filed two years later.

Discovery and Arbitration Issues

As part of his effort to obtain class certification, McDonald requested documents related to the company’s employment practices, including wage information and records concerning arbitration agreements signed by nonexempt employees in California.

Sierra Pacific objected, arguing that the requests were overly broad and sought information that was private or protected. The company also contended that arbitration-related discovery was premature because the court had not yet ruled on class certification.

The trial court disagreed and ordered Sierra Pacific to produce records from two California facilities, along with representative samples from its other locations in the state. Discovery proceeded, but not without conflict. The court sanctioned Sierra Pacific for failing to comply with discovery obligations and for violating an order requiring notice to certain employees.

The Motion to Compel Arbitration

When the court later considered class certification, Sierra Pacific argued that thousands of employees were subject to arbitration agreements that barred class participation. McDonald responded that he himself was not bound by arbitration and that employees who were could be excluded from the class.

In March 2023—nearly five years after the case began—Sierra Pacific produced more than 3,400 signed arbitration agreements and moved to compel arbitration for those workers. The company maintained that the motion was timely because class certification had not yet been decided.

McDonald’s counsel countered that Sierra Pacific had waived any right to compel arbitration by engaging in prolonged litigation conduct inconsistent with an intent to arbitrate, including resisting production of arbitration agreements even after being ordered to do so.

Trial and Appellate Court Rulings

The trial court denied the motion to compel arbitration and imposed additional sanctions, citing the company’s repeated noncompliance with discovery obligations. Sierra Pacific appealed both the denial of arbitration and the sanctions.

The appellate court dismissed the challenge to the sanctions, noting that California law does not permit an appeal from such orders. Turning to arbitration, the court explained that while arbitration agreements are generally enforceable, a party may lose the right to compel arbitration if it acts inconsistently with that right.

The justices pointed to Sierra Pacific’s extensive participation in discovery, its failure to consistently assert arbitration as a defense, and the late timing of its motion. This conduct, the court concluded, amounted to a waiver of the right to arbitrate.

Key Takeaway

The appellate court affirmed the trial court’s ruling and awarded costs on appeal to the plaintiffs. The decision serves as a cautionary example for employers and litigants alike: arbitration is not a tool that can be held in reserve while a case is litigated. Parties must make a clear and timely choice between arbitration and court proceedings, or risk losing the ability to invoke arbitration altogether.

Trending Articles

What AI Visibility Means for Lawyers


by Bryan Driscoll and Josh Rupall

AI tools increasingly interpret lawyers public information. Clear, consistent and credible sources help ensure they describe legal expertise accurately.

AI dashboard visualizing a lawyer's online profile, reputation, and practice information across mult

The Best Lawyers in Canada 2027: Recognizing the Nation's Top Legal Talent


by Jamilla Tabbara

Honoring established leaders and rising practitioners across Canada's legal profession.

3D model of Canada textured with the Canadian flag.

2027 Best Lawyers Awards: Honoring Excellence in the Legal Profession


by Jamilla Tabbara

Recognizing the outstanding attorneys leading top practice areas nationwide.

United States with American flag representing The Best Lawyers in America 2027 awards

Announcing the 2027 Best Lawyers Awards: Austria, Germany and Switzerland


by Jamilla Tabbara

Celebrating the legal professionals throughout Central Europe.

Graphic displaying three-dimensional map cutouts of Austria, Germany and Switzerland.

The Best Lawyers in France 2027: Peer-Reviewed Excellence


by Jamilla Tabbara

Seventeen editions of peer trust, a growing profession and a dynamic legal market.

3D Map of France with National Flag Graphic

Who Can Override a Power of Attorney?


by Bryan Driscoll

A power of attorney carries real legal authority, but it isn't absolute. Here's who can step in to revoke, restrict or set it aside.

Close-up of a power of attorney document, symbolizing legal authority, revocation rights, guardiansh

How to Get an Eviction Off Your Record


by Bryan Driscoll

Whether an eviction can be removed, sealed or corrected depends on your state, your case and where the record appears.

A printed eviction notice attached to a decorative metal security gate, representing housing instabi

Inside the 2027 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

A closer look at the research process, methodology and key statistics behind the 2027 editions.

3D map cutouts of Chile, Colombia, and Puerto Rico

How Peer Review Works: Best Lawyers Methodology Explained


by Jamilla Tabbara

Understanding the independent, data-driven framework that defines professional legal standing.

A glowing professional icon surrounded by incoming arrows, symbolizing data collection and feedback.

How to Optimize Your Best Lawyers Profile for AI Search


by Everett Sizemore

Learn how a complete, well-structured Best Lawyers profile can strengthen your visibility and accuracy across AI search platforms.

A laptop screen displaying the Best Lawyers profile dashboard showing customizable sections.

Google Is Losing Major Antitrust Cases. Is This the End of Big Tech’s Winning Streak?


by Justin Smulison

Legal experts say the remedies and appeals, not the liability findings, will determine if Google's losses reshape the tech industry.

Google Antitrust Losses: What They Mean for Big Tech

What Is a Hostile Work Environment?


by Bryan Driscoll

Not every difficult job is a hostile work environment in the eyes of the law. Here's how to tell the difference and what to do next.

Blurred image of a distressed employee in an office, surrounded by motion-blurred coworkers, conveyi

Turn Client Questions Into Content That AI Search Can Find


by Bryan Driscoll and Manny Candal

Client questions are becoming search inputs. Your firm’s content should answer them clearly.

Pile of question marks with a single bright yellow question mark in the center, representing search.

How to Start a Nonprofit: A Step-by-Step Guide


by Bryan Driscoll

Everything you need to know about turning your mission into a registered nonprofit, from your first board meeting to 501(c)(3) approval.

Three white blocks spelling "NPO" on a yellow background.

Can You Sue Someone for Emotional Distress?


by Bryan Driscoll

Emotional distress can sometimes support a lawsuit, but whether you have a valid claim depends on the facts, the law and your ability to prove real harm.

Abstract black-and-white face with multiple screaming mouths, representing emotional distress, anxie

What Is the Downside of Filing for Bankruptcy?


by Bryan Driscoll

A balanced look at the credit, financial and emotional costs of bankruptcy and when filing still makes sense.

A close-up photograph of a weathered, empty red leather wallet lying abandoned.
Tap to expand

Welcome to Smithy AI the Best Lawyers Assistant

I can help you find attorneys, compare firms, explore practice areas, and surface rankings curated from the Best Lawyers methodology.

Not legal advice This assistant provides general information only. For guidance on your specific situation, please consult a licensed attorney.
Learn about Best Lawyers Research Process
Suggested prompts
Chat limit reached
You've reached the message limit for this chat. To keep exploring, browse Best Lawyers directly or come back later to start a fresh conversation.
Browse Best Lawyers