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Questions Answered by N. Munro Merrick
Q: Can a credit dispute halt an ongoing suit in court ?

Being sued by collecter can I dispute credit reports and will that stop the collector allowing me to get case dismissed since they cannot continue and there’s time limits

N. Munro Merrick
N. Munro Merrick
answered on May 21, 2018

Nothing that happens outside the court room will affect what is going on inside the court room.

As to rest of your question, you need to split up your ideas into separate sentences. Then make clear what you are actually asking, one question at a time.

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: We have a dispute with two partners over a Tenancy-In-Common agreement related to a condo unit we own jointly.

Our TIC requires unanimous agreement for any funds spent from a “reserve” account. We had a subsequent meeting in 2014 with all partners and agreed to spend $500 per year from the reserve account on small improvements. We did that 2014-2016. In 2017 we didn't spend any reserve money... View More

N. Munro Merrick
N. Munro Merrick
answered on May 3, 2018

Some agreements require mediation first. In mediation each part pays his own expenses. In Arbitration, unless the contract specifies otherwise, the same applies. Costs? Better consult a Concord arbitrator. Google the requirement for a Concord area arbitrator, and also check the local bar... View More

2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for California on
Q: Bought a house that has no 2x4 framing in the walls. It's 1x12 from the bottom plate to the top. This was not disclosed.

The seller told me afterwards how it was built. It severely limits what i can do to the house to fix it up, structural integrity. The house is over one hundred years old. He also never disclosed a 50 foot well under the house, and a gas well on the property. Do i have a case? This was an owner... View More

N. Munro Merrick
N. Munro Merrick
answered on Apr 20, 2018

This is a first for me -- 100 years old?? 1x12 studs??? It probably did not violate the requirements of the building codes of the day, if there were any when your house was built. What does your sales contract require in the way of disclosures? What do you really want to do, get out of the deal?... View More

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I discovered after signing it that my arbitration agreement it indicates that a mediator doesn't need to decide my

grievance based on California law but rather "accepted business practices." Is this legal?

N. Munro Merrick
N. Munro Merrick
answered on Apr 18, 2018

Generally, accepted business practices are relied on when there is no specific statute that covers the exact situation. But that does not mean that there is no California case law on the subject. You mention your Arbitration Agreement, then talk about your Mediator. Which are you involved in?... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Want to dispute signing over my rights.

My mom was to receive a sum of money before she passed away. It was awarded to me and my brother. The document I signed was my rights over to my brother. I have a daughter, which found out legally she was mine (DNA test) after signing the document. I was in prison and since have been released.... View More

N. Munro Merrick
N. Munro Merrick
answered on Mar 15, 2018

Let's see if I have this right. You and your brother were entitled to receive a sum of money. You gave your right to the money to your brother. That means you no longer have any rights to the money, and neither do your children. Then you say 1/2 of "the money", is that the same... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Mother passed away and signed my rights to my brother. I want to dispute signing away my rights. What do i do?

My mom was to receive a sum of money before she passed away. It was awarded to me and my brother. The document I signed was my rights over to my brother. I have a daughter, which found out legally she was mine (DNA test) after signing the document. I was in prison and since have been released.... View More

N. Munro Merrick
N. Munro Merrick
answered on Mar 15, 2018

Nowhere near enough facts to offer suggestions. What documents are involved? Are you suggesting undue influence? Speak!

2 Answers | Asked in Arbitration / Mediation Law and Contracts for California on
Q: Our Contract says that if any dispute it goes to Arbitration. Despite written requests customer continues to go legal

We notified him in writing and we had our manufacturer inspect roof. The customer reroofed it and his attorney is sending us a request for payment.

N. Munro Merrick
N. Munro Merrick
answered on Feb 27, 2018

I agree with Mr. Dorfman's comments. To stop the useless back and forth, you may compel him to arbitrate if your contract says you must. Courts favor Alternate Dispute Resolution (ADR) and would interpret the contract to assure that arbitration occurs. You may contact an individual... View More

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2 Answers | Asked in Arbitration / Mediation Law and Business Law for California on
Q: My business partner and I are new to arbitration and need advice on how to go about it. We think we need to go to LA?

Entertainment business contract dispute. Other party not returning emails, so a bit nervous on what will happen if we proceed- can he give us a runaround?

N. Munro Merrick
N. Munro Merrick
answered on Feb 24, 2018

Both parties must have agreed to arbitrate. Go on line and choose an arbitrator. There are groups of arbitrators, and many individuals. Their experience is shown on the arbitrator's bio page. Find one with entertainment experience. Then, if the arbitrator or group has a form, use that and... View More

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Q: plaintiff falsified a 60 day notice to defendants,using a property management company(owner of the company had no idea)

is that a legally served 60 dday notice, but no one (defendants)where hand served the notice.

?? plaintiff lied to the police and the court clerk about when he made his own proof of service and filed that with the court.is that legal service, because he served it himself and filled out the... View More

N. Munro Merrick
N. Munro Merrick
answered on Feb 22, 2018

1. The date that the proof of service is filed is not important. The date that the service took place is.

2. A property manager may serve legal documents on a tenant. There are several ways that documents may be served. All of the tenants -- those on the lease, as well as the other...
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1 Answer | Asked in Contracts, Arbitration / Mediation Law, Landlord - Tenant and Small Claims for California on
Q: In Santa Barbara, CA can my roommate charge me more for a smaller room than he pays? I’m not on the lease.

I only have a verbal agreement with my roommate, who is on the lease and I understand is functioning as my landlord. Is it legal for my roommate to charge me $900 for a smaller room when they pay less than $800 for larger, better room? I was supposed to only pay $850, but was told to pay $900 when... View More

N. Munro Merrick
N. Munro Merrick
answered on Feb 22, 2018

You say you are not on the lease, that is, you have no agreement with the landlord. If he is subletting to you without the landlord's consent, he is probably in violation of his lease and subject to immediate eviction, in which case you would also be evicted..

Assuming he gets his...
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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Can I get the seller of the house to pay for my mediation fees for non-disclosure, fraud?

I bought the house seven months ago and now my family and I are staying at the hoted due to a slab leak and roof leak. The pipe that is leaking is galvanized ang connected to a copper that is feeding the cold water in my bathroom. I called the seller to ask if he knew where the pipe starts. He... View More

N. Munro Merrick
N. Munro Merrick
answered on Feb 11, 2018

If you and the seller signed a purchase contract such as the one provided by the California real estate department, there are specific provisions relating to representations by the Seller, who pays for damages to the property, etc. If the Seller knew of the leaks and did not disclose them, and... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I went to mediation and we signed code1123ccp sect664.6 i feel it is not what I want the next day can back out

I do not like the agement that was made, can I get out of it I won’t to go to trial instead

N. Munro Merrick
N. Munro Merrick
answered on Jan 31, 2018

I do not know exactly what you signed. You appear to prefer going to trial. Perhaps you do not understand what mediation is.

I presume you would agree that if you have a dispute with someone, you try to settle it. You negotiate. If that does not work, the next logical step is to hire...
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1 Answer | Asked in Employment Law for California on
Q: I am an UBER driver. I have ian ongoing issue where I am disputing to UBER an earning where I was not paid.

The issue started Dec 22, 2017. I am disputing for $192.93 where they deducted out this amount from my earnings for a suspicion that hey paid me with a duplicate amount.

They requested my bank statement. I sent them my bank statements showing all their deposits but found no duplicate... View More

N. Munro Merrick
N. Munro Merrick
answered on Jan 28, 2018

Assuming you are in California:1: If you are an "employee",if you receive a W-2 in January showing your earnings for the past year. you go to the Labor Commissioner. 2: If you are a true independent contractor and receive a 1099 after the end of the year, your recourse is to the Small... View More

1 Answer | Asked in Consumer Law and Civil Litigation for California on
Q: DIVISION 9 -Section 1119Does this state that I cannot include evidence on my behalf to help my side of the trial?

A automobile repair shop is denying any wrong doing or malpractice in the service that they were chosen to do. They are now claiming the engine was defective and say it is not there fault.

The manufacturer sent out a inspector to conduct test and review the installation procedure, and... View More

N. Munro Merrick
N. Munro Merrick
answered on Jan 23, 2018

I did not look up statutory reference, but I am sure it said nothing to preclude your presenting evidence favorable to our case. The only potential problem is whether the judge might consider that since your expert is not there to be examined by the other side, he would not permit written... View More

1 Answer | Asked in Arbitration / Mediation Law, Employment Law and Contracts for California on
Q: If an employee signs an "Arbitration Policy", can they collect their share of a class action against the company?
N. Munro Merrick
N. Munro Merrick
answered on Jan 11, 2018

Tough question. To give a preliminary answer, the contract you signed, the "Arbitration Policy", would have to be scrutinized. Many large companies have employee contracts that specifically state that you cannot participate in a class action against the company. To do so would breach... View More

Q: Can I abrogate an agreement for plaintiffs to accept a lump sum and together decide the allottments?

Three of us disabled persons have a suit against an apartment owner. I was trapped in broken elevator twice (27 minutes and 51 minutes), had to live in an outside hotel for months, and because the disabled lift was broken I missed medical appointments.

Before mediation I signed an agreement... View More

N. Munro Merrick
N. Munro Merrick
answered on Dec 21, 2017

You have an attorney. He should be able to answer all your questions. If you have a difference of opinion about whether your psychiatric problems should have been included in the mediation, tell him that. If you are not satisfied with his explanation, tell him that you want to get a second opinion... View More

Q: How to get my son removed from the deed

My son was added to my deed with a grant deed. There isnt a place stating he gets 50% . They have him listed as TIC. There is no TIC paperwork or agreement. He claims he dont want any money from the sale but yet he refuses to sign any paperwork for the sale of the home unless he gets 100% of the... View More

N. Munro Merrick
N. Munro Merrick
answered on Dec 19, 2017

You ask one question. Before anyone can provide an answer, you need to provide the answers to many questions, including but not necessarily limited to: Did you have any conversations with your son about the future disposition of the property? If so, were there any witnesses to those conversations?... View More

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Must I be confidential about information received before signing a confidentiality. agreement?

At a mediation I signed a confidentiality agreement. Days before, I received a mediation brief and showed my physician and others the mediation brief. Can I still show people the mediation brief since I received it before mediation? Also isn't the mediation confidentiality agreement only for... View More

N. Munro Merrick
N. Munro Merrick
answered on Dec 19, 2017

The answer is yes to both questions. Unless the Mediation Brief itself was marked as confidential (which would be unusual in my experience) you were perfectly at liberty to show it to persons who might be involved in the mediation. At the mediation hearing itself, the confidentiality provision is... View More

2 Answers | Asked in Arbitration / Mediation Law and Civil Rights for California on
Q: My mediation brief is supposed to be confidential can I still show it to: 1. my oncologist 2. my psychiatrist
N. Munro Merrick
N. Munro Merrick
answered on Dec 19, 2017

My quick answer is: It is your brief. You may show it to anyone. And as Mr. Hicks pointed out, it may be a useful tool to persuade your opponent to settle. But you may also include provisions that you do not wish revealed to the opponent, such as your rock-bottom minimum settlement, your opinion... View More

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1 Answer | Asked in Divorce, Real Estate Law and Arbitration / Mediation Law for California on
Q: Married 10y. Home purchased 7y ago under wifes name due to my credit. If we split, do I risk losing home rights w/o

having my name on the title or loan paperwork?

N. Munro Merrick
N. Munro Merrick
answered on Dec 11, 2017

This is an incomplete answer. The property is in California. You state you were married when the property was purchased, with only your wife on the grant deed. However, California is a community property state. Therefore, it is presumed to be community property. The presumption is rebuttable.... View More

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