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Arbitration / Mediation Law Questions & Answers
2 Answers | Asked in Arbitration / Mediation Law, Bankruptcy, Consumer Law and Contracts for South Carolina on
Q: When should I file a motion to compel arbitration in South Carolina?

I am being sued by a junk debt buyer in commons plea court in South Carolina. I plan on filing an answer to the summons. When should I file a motion to compel arbitration? Should I put it in my answer? Or file just the motion in place of the answer?

James L. Arrasmith
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answered on Jan 3, 2024

In South Carolina, when you're faced with a lawsuit by a junk debt buyer and you believe arbitration is the correct venue for the dispute, the timing of filing a motion to compel arbitration is crucial. Typically, this motion should be filed early in the case, ideally at the same time as or... View More

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3 Answers | Asked in Arbitration / Mediation Law and Business Law for California on
Q: I had cash a rolex and my engagement ring stolen when the hospital staff went through my backpack without me present

Total loss is about 100k would like to sue the hospit8⁶ÿal

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, where valuable personal items like a Rolex and an engagement ring were allegedly stolen from your backpack at a hospital, you have grounds to consider legal action against the hospital. The first step is to gather any evidence you have of the items being in your possession while... View More

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Q: I filed a complaint against mobile home park for wrongful eviction and etc prop manager refused my space rent and set ev

Eviction took place after my space rent proof of whole year I payed and sold my mobile home I owned

James L. Arrasmith
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answered on Dec 26, 2023

In California, mobile home park residents are protected under specific laws that govern eviction and rent practices. If your space rent was refused and you were subsequently evicted despite having proof of payment, this could potentially be a wrongful eviction under California law.... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Tax Law for New Mexico on
Q: What do you file for business taxes and who will review your papers if you suspect preparer fraud

Third party name on taxes and my step father Also worked at the same company preparer works for and preparer worked for x husband's company meanwhile I am a W2 workers but somehow they changed my income 73,000

James L. Arrasmith
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answered on Dec 25, 2023

If you suspect preparer fraud in your business tax filings, it's important to address this issue promptly and thoroughly. First, review your tax returns carefully to understand the discrepancies, especially if your income was inaccurately reported.

For addressing preparer fraud, you...
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1 Answer | Asked in Arbitration / Mediation Law, Divorce, Real Estate Law and International Law for California on
Q: Filing a petition to confirm an foreign arbitration in California (updated question with more information)

My ex-husband and I are Taiwanese citizens with a property in the United States. We went through courts and arbitration, and after many years of appeals, I was awarded the property in the United States.

I already offered to have the paperwork prepared here in the US and sent to Taiwan for... View More

James L. Arrasmith
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answered on Dec 22, 2023

In California, you can file a petition to confirm a foreign arbitration award, including those related to property disputes. This process is governed by the Uniform Foreign-Country Money Judgments Recognition Act, which California has adopted. The court will review the arbitration record and, if it... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Will participating in legal proceeding bar an arbitration award from being confirmed by the court?

If action taken by a party to case (such as interposing a

cross claim or procuring a deposition of

plaintiff) waives their contractual right to compel arbitration, does that also cause that if they do continue at arbitration an arbitration award on that matter cannot be confirmed by... View More

David H. Relkin
David H. Relkin
answered on Dec 17, 2023

You are quite correct regarding the waiver of arbitration: any act that is inconsistent with the agreement to arbitrate will waive that right. While the simple act of interposing a cross-claim may not, in all circumstances, waive the right to arbitrate, taking a deposition conjoined with the... View More

2 Answers | Asked in Gov & Administrative Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Please advise on filing Federal complaint.

Please advise on formatting requirements for complaint with Federal court. I found local rules, but they refer to typewriting standards. Probably there are permissible variances, with some mandatory rules. Please advise.

James L. Arrasmith
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answered on Dec 14, 2023

When filing a federal complaint, it's essential to follow the formatting guidelines outlined in the Federal Rules of Civil Procedure and the local rules of the specific federal court. While local rules may refer to typewriting standards, there is some flexibility in modern electronic filings.... View More

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2 Answers | Asked in Arbitration / Mediation Law, Business Law and Landlord - Tenant for California on
Q: My best friend owns a small business with her ex husband in California. It runs as a corporation of 2 people.

Her parents own the land and they pay month to month. Her parents want fair market value for rent. They can't pay fair market. Being evicted. She wants out of the business and he wants her to use her relationship with her parents to get a "good deal o.

n rent. Mediation took... View More

James L. Arrasmith
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answered on Dec 13, 2023

In California, when dealing with a situation involving a small business co-owned with an ex-spouse, several legal aspects must be considered.

First, if the business is a corporation, both parties have fiduciary duties to the corporation and each other as co-owners. This includes acting in...
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Q: Kaiser is saying that their policy for opiods is 50 mme a day for chronic pain patients that have severe pain. T or F?

I went through Kaiser pain mgmt program last Oct. 2022 and since then my pain medications have been slowly stripped down to just 45 mme of MSCONTIN 15mg of Extended Release by dr's who are not pain specialists. This is 3 pills a day. It used to be 4 pills a day They took away my breakthrough... View More

James L. Arrasmith
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answered on Dec 10, 2023

It's important to understand that healthcare providers, including Kaiser, often have policies regarding the prescription of opioids, which are influenced by various guidelines and regulations. These policies aim to balance the need for pain management with the risks associated with opioid use.... View More

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law on
Q: My sister stole a house from the trust of our mom back in 2019 . I have done a title search .

We went thru mediation . Both the title co. and the registers office say that they where things about the title that weren't right . Looking for a real estate attorney to take this case . The sister has sold the house I guess ?

Anthony M. Avery
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answered on Dec 7, 2023

If you mediated, you may have already agreed to the transfer. Hire an attorney to search the title and and see if there is an action to set aside the transfer for fraud. But 3 year SOL has run and the trustee is the one that has standing. If sister is trustee, it is presumptively fraudulent.... View More

3 Answers | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: What legal action can I take against cashapp?

In August I was given authorization to add a friends card to my cash app to add funds to my acct. which I withdrew and gave to her as I had multiple times before. In late September, that friend started a huge fight with me as she thought I had been seeing her ex bf. She assaulted me and stole my... View More

James L. Arrasmith
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answered on Dec 6, 2023

Under California law, you have a few options to address this situation. First, you could consider filing a small claims lawsuit against your friend for the unauthorized chargeback. Since the amount is $1,700, it falls within the small claims court's jurisdiction in California, which handles... View More

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1 Answer | Asked in Tax Law, Agricultural Law, Arbitration / Mediation Law and Business Law for New Mexico on
Q: In the case of Agricultural Deductions 7-9-58 for auctioneers will this just cover the buying and selling of livestock?

A truck driver is exempt for hauling feed for live stock under this code. Will the the truck driver be exempt when hauling to and from the auction?

James L. Arrasmith
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answered on Dec 1, 2023

The specific Agricultural Deductions code you're referring to seems to be designed to provide tax benefits for activities directly related to agriculture, such as the buying and selling of livestock. In the context of auctioneers, this would typically cover transactions involving livestock.... View More

Q: Is a signed mediation agreement reached during small claims court a legal binding contract?

The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the... View More

James L. Arrasmith
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answered on Nov 30, 2023

Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable.

In your situation, where the defendant...
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2 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for Georgia on
Q: Live in Ga, wife is divorcing after emotional cheating with coworker. Post discovery continued relationship, but said

She ended it. Discovery in feb and admission in Sep. has blam me for it, convinced mutual friends that I am not mentally stable resulting in isolation, misled couples therapist etc. I have offered options to reconcile even after the admission of lying about ending relationship. Instead she is... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

You can obviously make any allegations you want, the same as she. Whether the court will consider those allegations cruel treatment is up to the judge. At this point since you have completed some form of discovery, I would focus on preparing for trial. And if you can't hire an attorney, the... View More

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1 Answer | Asked in Arbitration / Mediation Law, Consumer Law, Contracts and Business Law for California on
Q: Consumer protection. Removal of what was promised via a crowdfunding campaign

Cosnumer protection! I need help recovering digital property that was promised. contract 828,768 usd 15,860

is it really that hard to understand? people crowdfunding on the promise of something being delivered. NOW IT'S GONE. no way to access what one paid for. even straight up tearing... View More

James L. Arrasmith
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answered on Nov 20, 2023

In cases involving crowdfunding platforms like IndieGoGo, the terms of the campaign and the platform's policies are crucial. If a developer promised certain digital content in their crowdfunding campaign and then failed to deliver it or removed it, this could potentially be a breach of... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Utah on
Q: I want to protect my assets before a divorce by creating a trust. Should I have a trust before or after the divorce?

Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 17, 2023

If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More

2 Answers | Asked in Personal Injury and Arbitration / Mediation Law for Texas on
Q: When should one contact a lawyer if a patient injusttice was done? What needs done before contacting a lawyer?
John Michael Frick
John Michael Frick
answered on Nov 17, 2023

"Patient injustice" is a somewhat vague expression. If you believe that someone has violated a legal duty to you as a patient and that such violation caused you to incur compensatory damages (e.g. lost wages, additional medical expense, other out-of-pocket expenses, etc.), you should... View More

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4 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Small Claims for California on
Q: getting Mediation going in circles.

i submitted case DR23-11933 and DR23-11464 to the L.A. County department of consumer affairs and they tried to reach the business in question for mediation.

The company I'd like to mediate with is

square enix. 999 N. Pacific Coast Highway, 3rd Floor, El Segundo, CA 90245, U.... View More

George Steven Louis
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answered on Nov 6, 2023

As a mediator arbitrator myself I always find it rather difficult to get the individuals to the table so that we can work things out letters don't always seem to cut the mustard therefore I enjoy trying to call the parties so the mediation can have an opportunity to work.

These your...
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2 Answers | Asked in Family Law, Probate and Arbitration / Mediation Law for Georgia on
Q: What happens after you sign in mediation?

I have a signed mediation agreement and now the other party will not sign the final order to go to the judge and her lawyer keeps changing the agreement after mediation is over.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 6, 2023

If you have an attorney you should speak to your attorney about any changes the opposing attorney has attempted to make after mediation ended. If you are representing yourself you could file to enforce the mediated agreement. But there is not a form for that. If a final order was drafted by... View More

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3 Answers | Asked in Consumer Law, Criminal Law, Traffic Tickets and Arbitration / Mediation Law for California on
Q: How do I prove that my car was illegally towed from a private property that had no legal rights
James L. Arrasmith
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answered on Nov 6, 2023

In California, if you believe your car was illegally towed from private property, gather evidence such as photographs of the location where the car was parked, any signage related to parking rules or towing policies, witness statements, and a copy of the property's towing policy if available.... View More

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