
Quoting
Nixon v. Lafler (2014)
Any contractual term is "subject to waiver by the party for whose benefit [it is] made. [Citation.]" (Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1339, fn. omitted.) Contractual provisions may be waived by conduct. (Pease v. Brown (1960) 186 Cal.App.2d 425, 428; Savaglio v. Wal-Mart Stores, Inc. (2007) 149 Cal.App.4th 588, 598 (Savaglio) ["waiver may stem from conduct `which, according to its natural import, is so inconsistent with an intent to enforce the right as to induce a reasonable belief that such right has been relinquished.' [Citations.]"); see Bohman v. Berg (1960) 54 Cal.2d 787, 795 [when party to a contract accepts other party's performance without objection it is assumed the performance was that contemplated by the agreement].) "`The burden . . . is on the party claiming a waiver of a right to prove it by clear and convincing evidence that does not leave the matter to speculation, and "doubtful cases will be decided against a waiver" [citation].' [Citation.]" (Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1, 31.)