Legal Opinion

Verbeek Properties, LLC v. GreenCo Environmental, Inc.

Court of Appeals of Washington

Decided December 20, 2010No. 63772-0-IPublishedCited by 25 opinions

1Opinion of the CourtBecker, J.

¶1 — At issue is a decision denying a motion to compel arbitration. We reverse. The issue of compliance with procedural requirements for initiating arbitration is for the arbitrator to decide, not a trial court. And a plaintiff does not waive a contractual right to arbitrate by failing to mention it in a complaint filed with the court, so long as the plaintiff’s behavior is otherwise consistent with an intent to submit to arbitration.

*85¶2 Dewey Verbeek and his wife, Marilyn, operated a wrecking yard on their property in Bothell, Washington, for over 30 years. When Verbeek decided to sell the…

2Cases cited20 opinions

  1. Otis Housing Ass'n v. HaWashington Supreme Court · 2009
  2. Pedersen v. KlinkertWashington Supreme Court · 1960
  3. Otis Housing Ass'n, Inc. v. HaWashington Supreme Court · 2009
  4. Lake Washington School District No. 414 v. Mobile Modules Northwest, Inc.Court of Appeals of Washington · 1980
  5. Townsend v. Quadrant Corp.Court of Appeals of Washington · 2009

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3Cited by25 opinions

  1. River House Development, Inc. v. Integrus ArchitectureCourt of Appeals of Washington · 2012
  2. Gordon Schuster v. Prestige Senior Management LLCCourt of Appeals of Washington · 2016
  3. Jennifer Wiese, Resps. v. Square Two Financial Corp., App.Court of Appeals of Washington · 2015
  4. Gorden v. Lloyd Ward & Associates, PCCourt of Appeals of Washington · 2014
  5. Pub. Util. Dist. No. 2 of Pac. Cnty., Mun. Corp. v. Comcast of Wash. Iv, Inc.Court of Appeals of Washington · 2019

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