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WAGNER CONST. CO. v. PACIFIC MECHANICAL

No. S136255.

58 Cal.Rptr.3d 434 (2007)

41 Cal.4th 19

157 P.3d 1029

WAGNER CONSTRUCTION COMPANY, Plaintiff and Appellant, v. PACIFIC MECHANICAL CORPORATION, Defendant and Respondent.

Supreme Court of California.

May 21, 2007.

Attorney(s) appearing for the Case

Marks, Golia & Finch, P. Randolph Finch, Jr., and Jason R. Thornton, San Diego, for Plaintiff and Appellant.

McInerney & Dillon, Timothy F. Winchester, William A. Barrett and Alexander Bannon, Oakland, for Defendant and Respondent.

WERDEGAR, J.

We' granted review to consider whether the lower courts properly denied a petition to compel arbitration (Code Civ, Proc, § 1281.21) 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...

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