VERBEEK PROPERTIES v. GREENCO ENVIRON

No. 63772-0-I.

246 P.3d 205 (2010)

VERBEEK PROPERTIES, LLC, a Washington limited liability corporation; and Dewey T. Verbeek and Marilyn J. Verbeek, husband and wife, doing business as Verbeek Wrecking, Appellants, v. GREENCO ENVIRONMENTAL, INC., a Washington corporation; Randy Perkins and Jane Doe Perkins; and the marital community composed thereof; Respondents, and Developers Surety and Indemnity Co. Bond No. 792634C, Defendants.

Court of Appeals of Washington, Division 1.

December 20, 2010.


Attorney(s) appearing for the Case

Marisa M. Bavand , Groff Murphy PLLC, Seattle, WA, for Appellants.

Martin Lowell Ziontz , Attorney at Law, Alexander A. Friedrich , Yusen & Friedrich, Donna M. Young , Jeffrey Paul Downer , Lee Smart PS Inc., Seattle, WA, for Respondents.


BECKER, 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.

¶...

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