24 Hour Fitness, Inc. v. Superior Court

In 24 Hour Fitness, Inc. v. Superior Court (1998) 66 Cal. App. 4th 1199, the plaintiff alleged she was constructively discharged from her employment due to sexual harassment on July 3, 1995. Her written arbitration agreement with her employer provided that " 'to start the arbitration process, either party must submit a written arbitration request to the other, within one (1) year of the date the dispute first arose or within one (1) year of the termination of your employment, whichever occurs first. . . .' " (Id. at p. 1205.) The plaintiff did not initiate arbitration by July 3, 1996, and instead "expressly repudiated the arbitration agreement: 'plaintiffs are knowingly waiving their right to arbitrate, and are not reversing their positions.' " (Id. at p. 1206.) The court held that the parties' dispute was subject to their arbitration agreement and that plaintiff had waived her right to compel arbitration by not making a timely demand. The court noted: "We recognize the result of our decision here is that Munshaw has no avenue for recourse against Nautilus, Rodriguez, Harmon or Cunningham. This consequence flows from her decision to repudiate the arbitration agreement." ( Id. at p. 1216, fn. 12.)