Supreme Court of California
Wagner Constr. Co. v. Pac. Mech. Corp., S136255
Where parties have agreed to arbitrate any dispute arising out of their contract, the affirmative defense that the statute of limitations has run is for the arbitrator rather than the court to decide.
Appellate Information
- Decided 05/21/2007
- Published 05/21/2007
Judges
- WERDEGAR, J.
Court
- Supreme Court of California
Counsel
- For Appellant:
- Marks, Golia & Finch, P. Randolph Finch, Jr., and Jason R. Thornton, San Diego, for Plaintiff and Appellant.
- For Appellees:
- McInerney & Dillon, Timothy F. Winchester, William A. Barrett and Alexander Bannon, Oakland, for Defendant and Respondent.