statutes of limitation running & arbitration - still need help

[pizzamkr]

What is the name of your state? california

still looking for anyone who knows if an atty files a case in court with about 45days left before the statute runs out and then the case is dismissed without prejudice because of a mand arb clause in contract but the atty doesnt file the arb demand until 120 days after the dismissal order by the court is the case barred? it doesnt seem to fit any of the exceptions to the rule so are we sol ??

[las365]

Didn't you say in your other thread that the parties entered into an agreement for arbitration before the suit was dismissed? It's better to keep all of your questions in one thread.

Are you saying that the defendant is now claiming that arbitration is time-barred?