Wagner Construction Co. v. Pacific Mechanical Corp.

Opinion

WERDEGAR, J.

We granted review to consider whether the lower courts properly denied a petition to compel arbitration (Code Civ. Proc., § 1281.2) 1 on the ground the statute of limitations has run on the claims the parties agreed to arbitrate. We hold the lower courts erred. Where, as here, the 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.

I. Background

On November 21, 1997, defendant Pacific Mechanical Corporation (Pacific) hired plaintiff…