Doers v. Golden Gate Bridge etc. Dist

In Doers v. Golden Gate Bridge etc. Dist. (1979) 23 Cal.3d 180, the plaintiff filed an action in federal court and the defendant successfully moved to dismiss the action for lack of subject matter jurisdiction. The plaintiff then filed a petition in state court to compel contractual arbitration of the claims he asserted in his federal action. (Id. at p. 184.) The trial court denied the petition to compel arbitration on the ground the plaintiff waived the right to arbitrate by filing the federal action. (Ibid.) Doers reversed, holding that "the mere filing of a lawsuit does not waive contractual arbitration rights," and that "it is the judicial litigation of the merits of arbitrable issues which waives a party's right to arbitration." (Id. at p. 188.)