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PLATT PACIFIC, INC. v. ANDELSON

Docket No. S026251.

6 Cal.4th 307 (1993)

862 P.2d 158

24 Cal. Rptr.2d 597

PLATT PACIFIC, INC., et al., Plaintiffs and Appellants, v. BRUCE D. ANDELSON et al., Defendants and Respondents.

Supreme Court of California.

December 2, 1993.

Attorney(s) appearing for the Case

COUNSEL

Joseph Liebman, Haight, Brown & Bonesteel, Roy G. Weatherup, Lori R. Behar, Thomas N. Charchut and Zeb Francoeur Gleason for Plaintiffs and Appellants.

Bruce D. Andelson, in pro. per., Weinstock & Feinberg and Irwin B. Feinberg for Defendants and Respondents.

OPINION

KENNARD, J.

May a party that did not demand arbitration within the time specified in an agreement to arbitrate nevertheless compel arbitration on the ground that it did not intend to relinquish the right to arbitrate the dispute when it failed to make a timely demand?

We conclude that, unless legally excused, a contracting party cannot compel arbitration when it has failed to make a timely demand, that the

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