Wilder

Defendant Whittaker Corporation (Whittaker) appeals from an order denying a petition to compel arbitration and a motion for an order staying proceedings. We affirm the order.

Facts

In 1982, Whittaker filed a petition to compel arbitration of a dispute arising out of its employment contract with Vivian Wilder. The petition was denied by the trial court, whose decision was affirmed by this court in an unpublished opinion filed September 30, 1983 (2d Civ. No. 65676). On January 4, 1984, the California Supreme Court denied Whittaker’s petition for hearing.

Shortly thereafter, the United States Supreme Court issued its opinion in Southland Corp. v. Keating (1984) 465 U.S. 1 [ 79 L.Ed.2d 1 , 104 S.Ct. 852 ], which Whittaker contends is apposite. Whittaker filed a second petition to compel arbitration, asserting for the first time a right to arbitrate under the federal Arbitration Act, 9 United States Code section 1 et seq. This appeal is taken from the trial court’s order denying the second petition.

Issues

Whittaker contends the trial court erred in determining that the doctrine of “law of the case” precludes Whittaker from asserting a federal right to arbitrate. Wilder…