Petitioner’s Motion to Compel Arbitration is DENIED. The central issue in this motion is whether the determination of the timeliness of the petition is made by the court or whether it is left to the arbitrator. It is agreed that waiver is a court decision. [CCP section 1281.2; Allstate v. Gonzalez (1995) 38 Cal.App.4th 783] However, petitioner contends that delayed request for arbitration is not a waiver. The court disagrees. The evidence presented by declaration supports a delay of seven years. No showing is made that the delay was reasonable or justified. Petitioner clearly was not diligent. There is an indication of prejudice to defendant which could be implied from the substantial delay. The action is dismissed in the court’s discretion pursuant to CCP section 583.410.