Plaintiff was an airport shuttle van driver who picked up and dropped off people primarily at LAX for Defendants (Prime Time). Plaintiff entered into a work agreement (Agreement) with Prime Time that specified that Plaintiff was an independent contractor and not an employee and which contained an arbitration provision. After 14 months of litigation, Prime Time moved to compel arbitration. In supplemental briefing to their motion, Prime Time for the first time asserted preemption under the Federal Arbitration Act (FAA; 9 U.S. C. § 1, et seq.); the trial court denied the motion without reference to the FAA argument. Instead, the trial court held that Prime Time had waived their right to arbitrate by litigating and waiting too long before moving to compel, and further denied the motion on the grounds that Plaintiff’s complaint was based primarily on California Labor Code violations and therefore California law applied. At no point did Plaintiff contend that the arbitration agreement was unconscionable.