Is the statute of limitations barred a plaintiff from bringing an action for wrongful dismissal?
California, United States of America
The following excerpt is from Allstate Ins. Co. v. Superior Court, 110 Cal.Rptr. 622, 35 Cal.App.3d 137 (Cal. App. 1973):
The question of whether the statute of limitations barred the proceedings is a jurisdictional issue. The entirety of the controversy should be left [35 Cal.App.3d 140] to the determination of the arbitrator. (Orpustan v. State Farm Mut. Auto. Ins. Co., supra.)
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