With no explanation, chose the best option from "A", "B", "C" or "D". at 586. In contrast, Ballard Leary lost on a preliminary procedural motion and then immediately sought to compel arbitration. Requesting dismissal without prejudice or bifurcation does not go to the merits of alter ego liability or fraudulent transfers. This is analogous to Townsend. ¶24 Ballard Leary also did not evince other intent to litigate rather than arbitrate. For instance, it did not file an answer or conduct any discovery. Ballard Leary also moved to compel arbitration only four days after the trial court denied the CR 12(b)(6) motion. There is no dispute that this was within 90 days from service of the complaint, as required by RCW 64.55.100. Otis Housing does not hold that a party must immediately preserve its right to arbitrate. See also Verbeek Props., 159 Wn. App. at 90 (<HOLDING>). Rather, the rule is that a party must take

A: holding that filing an answer  does not invoke the status as a defendant in plaintiffs lawsuit
B: holding that party waived public policy challenge by failing to raise it during arbitration
C: holding that a party does not waive arbitration simply by failing to invoke it in the complaint or answer
D: holding that the party did not waive its right to enforce the arbitration clause
C.