Rosario E. Sobremonte v. Superior Court of Los Angeles County

Opinion

HITCHING, J.

— Rosario Sobremonte (Sobremonte) and her mother Amparo Esperidion (Esperidion) seek mandamus relief from an order granting Bank of America’s (Bank) petition to compel arbitration of a dispute arising from an alleged improper setoff against their accounts.

Sobremonte and Esperidion have made two arguments. First, they contend the arbitration provision was invalid and unenforceable because of lack of sufficient notice and mutual assent of the parties. Second, they assert the Bank waived its right to compel arbitration because it both failed to timely initiate the arbitration…