How Does the Legal Doctrine of Waiver Work in California?

How Does the Legal Doctrine of Waiver Work in California?

Waiver is the intentional relinquishment of a known right after knowledge of the facts. Roesch v. De Mota (1944) 24 Cal.2d 563, 572; A.B.C. Distrib. Co. v. Distillers Distrib. Corp. (1957) 154 Cal.App.2d 175, 187 [aggrieved party may waive a breach of contract]. Waiver does not require the actual subjective intent to waive a given right, but rather may be implied through conduct manifesting an intention to waive. Gould v. Corinthian Colleges, Inc. (2011) 192 Cal.App.4th 1176, 1179; Rubin v. Los Angeles Fed. Sav. & Loan Ass’n. (1984) 159 Cal.App.3d 292, 298. Although silence or inaction does not ordinarily amount to consent, it may be taken as consent where the silent party had a duty to speak. Wold v. League of Cross of Archdiocese of San Francisco (1931) 114 Cal.App.474

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