San Diego Unified Port District v. Douglas E. Barnhart, Inc.

Jan 01, 2002

OUTCOME: The Fourt District Court of Appeal held that the firm's client could not be forced to pay for destructive testing requested by others.

Wagner Construction Co. v. Pacific Mechanical Corp.

N/A

OUTCOME: California Supreme Court reversed Court of Appeal

In ruling on a petition to compel arbitration, the trial court denied the petition on the basis the underlying claims were time barred. Wagner appealed. The court of appeal affirmed. The California ... Supreme Court reversed, holding the statute of limitations for the underlying claims is a substantive defense to be decided in arbitration.