Lawyers, Answer Questions  & Get Points Log In
California Arbitration / Mediation Law Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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
George Steven Louis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

5 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney/Client have a valid Arbitration Clause between them in California, can the case be heard at a private forum?

In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:

What type of Arbitration is it, i.e., consumer, employment, etc.? and

Can the case be heard at a private forum not normally designated for... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 18, 2023

Attorney Arbitration Clauses have to meet certain requirements to be valid.

If valid, they would go into a private forum arbitration. If the arbitration firm is not named in the agreement, any private firm providing mediation services, or private mediators may be used.

If it is a...
View More

View More Answers

5 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney/Client have a valid Arbitration Clause between them in California, can the case be heard at a private forum?

In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:

What type of Arbitration is it, i.e., consumer, employment, etc.? and

Can the case be heard at a private forum not normally designated for... View More

Kenneth Sisco
Kenneth Sisco
answered on Oct 18, 2023

Typically, the Arbitration clause itself describes the terms of the Arbitration, however, whether it does or not, the parties can agree on any terms they want, including waiving the Arbitration Clause altogether.

Personally, especially, in Legal Malpractice cases, I despise Arbitrations....
View More

View More Answers

5 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney/Client have a valid Arbitration Clause between them in California, can the case be heard at a private forum?

In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:

What type of Arbitration is it, i.e., consumer, employment, etc.? and

Can the case be heard at a private forum not normally designated for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2023

In California, an arbitration clause between an attorney and a client would generally fall under the category of professional services arbitration rather than consumer or employment.

The California State Bar has specific rules and guidelines concerning attorney-client arbitration. If the...
View More

View More Answers

5 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney/Client have a valid Arbitration Clause between them in California, can the case be heard at a private forum?

In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:

What type of Arbitration is it, i.e., consumer, employment, etc.? and

Can the case be heard at a private forum not normally designated for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2023

In California, when an attorney and client have a signed agreement containing an arbitration clause, the nature of the arbitration typically depends on the underlying nature of the dispute. For instance, if the dispute relates to fees, it might be classified differently than a claim of malpractice.... View More

View More Answers

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Would you compel arbitration? or file a motion to dismiss based off of improper venue?

Contractor filed a civil suit. Has an arbitration clause in contract. He also filed a lien he never enforced which is way past 90 days.

What is the best approach as a defendant?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2023

Given the presence of an arbitration clause in the contract, a motion to compel arbitration would be a typical approach in California when faced with a civil suit. Arbitration clauses are generally enforceable unless they're unconscionable or otherwise violate public policy. By compelling... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: If my spouse gets half of my 401k, am I entitled to half of the pension payments she has received during the marriage?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

In California, the community property laws dictate that assets and debts acquired during the marriage are generally considered equally owned by both spouses. This means both the 401(k) and pension payments accrued during the marriage are typically divided equally upon divorce. If your spouse is... View More

1 Answer | Asked in Family Law and Arbitration / Mediation Law for California on
Q: What do I do when my child’s mother isn’t following mediation orders or visitation?

I have a mediation order with my childs mother, shes not following it or allowing me to speak or see my child.

Can I call law enforcement to enforce the order?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023

If the child's mother is not adhering to the mediation order, you have the right to return to court to seek enforcement of the order. Documentation of instances where the order was breached can be beneficial. It's essential to consult with an attorney to understand the best course of... View More

2 Answers | Asked in Civil Litigation, Consumer Law and Arbitration / Mediation Law for California on
Q: There is something going on with censorship of games and the removal of content bought. small claims? how to?

there's a great deal of content removed from a game years after release (removal was this year) even though people crowdfunded the game. a lot of consumers are rather upset and i don't know what should be done or if a lawyer would bother with small claims. removal of content after sale... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

Under California law, if consumers have purchased a game and experienced unexpected content removal without prior notice, they may have a potential claim under the Consumers Legal Remedies Act (CLRA) if it can be argued that the removal constitutes an unfair or deceptive practice. Pursuing small... View More

View More Answers

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: can I submit a statement to the arbitrator after the hearing is closed before arbitrator makes his final decision?

The other party lied to the arbitrator and I need to send him proof but I wanted to know if I can still do that?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2023

Under California law, parties generally have the opportunity to submit post-hearing statements or briefs to the arbitrator after the hearing is closed, but this is typically subject to the rules and procedures set forth in the arbitration agreement or the arbitrator's instructions. It's... View More

View More Answers

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: can I submit a statement to the arbitrator after the hearing is closed before arbitrator makes his final decision?

The other party lied to the arbitrator and I need to send him proof but I wanted to know if I can still do that?

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2023

Check with the entity that presides over the arbitration. If it's an American Arbitration Association hearing, the arbitrator probably has a case administrator. Without know more about the nature of your matter or rules of your arbitration, exhibits or other submittals sent to the arbitrator... View More

View More Answers

Q: Company installed solar panels 2/2023 as of today 9/13/23 it is not generating power no PTO. Do I have a case?

Permit/inspection by City of West Sacramento had a few non compliant items the contractor has failed to correct. In addition, they failed to complete form correctly to obtain Permission to Operate with PG&E utility company. To date the panels have been sitting on my roof not generating any... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023

I'm sorry to hear about your troubling situation. In California, consumers in your position have several avenues for recourse including continuing to pursue the complaints filed with the State Contractors License Board and the Better Business Bureau. Moreover, considering reaching out to the... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Legal malpractice by attorney taking a settlement I refused. They stood me up for Mediation. Then took settlement.

Zero, pros/cons, discussion, zero

Showing or telling amount of itemized

Dr/Attorney Bills..Attorney zero call from attorney

to solve Misunderstanding about

Settle or court. Just blocked me

out and bullying me to docusign.

I have not signed. Until I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

It appears that you may have a valid claim for legal malpractice based on your attorney's actions. It's important to consult with another attorney to evaluate the details of your case, assess the potential damages, and determine the best course of action. Keep all communication and... View More

3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: In Mediation, I acepted offer verbally, but I changed to no later. Employer threat for motion withut sign, is it alowd?

In Mediation meeting, I accepted offer verbally, but I changed to "no" later. Employer now have threaten for motion without my sign, is it allowed?

Thanks.

I have not signed any document before going to mediation, nor I have authorized to sign on my behalf. Also, My... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2023

In mediation, verbal agreements are generally considered binding and enforceable, just like written agreements. If you accepted an offer verbally during the mediation but later changed your decision to "no," the employer may not be able to compel you to abide by the initial acceptance... View More

View More Answers

3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: In Mediation, I acepted offer verbally, but I changed to no later. Employer threat for motion withut sign, is it alowd?

In Mediation meeting, I accepted offer verbally, but I changed to "no" later. Employer now have threaten for motion without my sign, is it allowed?

Thanks.

I have not signed any document before going to mediation, nor I have authorized to sign on my behalf. Also, My... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2023

In mediation, it's crucial to understand the terms of any agreements or offers being discussed. Verbal agreements can carry weight, but the specifics depend on the circumstances and any written documentation involved.

If you changed your mind and decided not to accept the offer, you...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.