No. H028164.

31 Cal.Rptr.3d 858 (2005)

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 715, AFL-CIO, Plaintiff and Appellant, v. CUPERTINO UNION SCHOOL DISTRICT, et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

August 3, 2005.

Attorney(s) appearing for the Case

W. Daniel Boone, Los Angeles, M. Suzanne Murphy, Weinberg, Roger & Rosenfeld, for Plaintiff and Appellant.

Gregory J. Dannis, Donald A. Velez, San Francisco, Miller, Brown & Dannis, for Defendants and Respondents.


This case presents the issue of whether the right to arbitrate is waived when a timely but procedurally defective demand for arbitration is made. Our resolution of the dispute requires us to consider a clash between important public policies. On the one hand, where the arbitration agreement specifies a time limit for making a demand, courts should uphold the parties' bargain by finding a waiver of the right...

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