Code of Civil Procedure Section 1281.5

Compiled March, 2012

Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill):

Added: 1977, c. 135
•  1989, c. 470: added subd. (b), relating to failure timely to file a petition under § 1281.2; and made nonsubstantive changes.
•  1998, c. 931: made amendments necessary to implement unification of the trial courts as provided for in Stats.1996, Res. ch. 36 (S.C.A.4), approved by the voters on June 2, 1998.
•  2002, c. 784: made changes to conform various statutory provisions of law to the abolition of municipal courts and their unification within the superior courts. In 2002, the statute read as follows:
“(a) Any person who proceeds to record and enforce a claim of lien by commencement of an action pursuant to Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, shall not thereby waive any right of arbitration which that person may have pursuant to a written agreement to arbitrate, if, in filing an action to enforce the claim of lien, the claimant at the same time presents to the court an application that the action be stayed pending the arbitration of any issue, question, or dispute which is claimed to be arbitrable under the agreement and which is relevant to the action to enforce the claim of lien.
“(b) The failure of a defendant to file a petition pursuant to Section 1281.2 at or before the time he or she answers the complaint filed pursuant to subdivision (a) shall constitute a waiver of that party’s right to compel arbitration.”
•  2003, c. 22: rewrote this section to its current version.
•  2010, c. 697: made changes to cross-references

Six bills affected this section.                          

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