In Flores v. West Covino Auto Group, 2013 WL 139200 (2013), the Court of Appeal for the Second District found that the Defendant auto dealer did not waive arbitration by litigating the case while Fisher remained good law and until shortly after Concepcion was decided.  The dealer’s delay in seeking arbitration was justified and the car buyer did not show any prejudice from the litigation meanwhile.  The exchange of documents that occurred under the Civil Procedure rules would have occurred anyway under AAA rules.  While buyers were deposed, so was the dealer’s PMK.  The Court of Appeal held that the standard RISC is only minimally procedurally unconscionable as its terms are not negotiable.  But there is no surprise in having an arbitration clause and this one is reasonably apparent.  The decision disagrees with Sanchez’s and Goodridge’s analysis of substantive unconsionability on each point.  In particular, as to reservation of self-help, the decision holds that it is illogical to require a dealer to invoke arbitration to accomplish what it could absent judicial intervention.