Sacramento, CA asked in Arbitration / Mediation Law for California

Q: Can I respond to a summons with a E-203 - Stipulation and Order to Arbitration/Mediation form?

Recently being sued for on a civil case. I'm still within the 30 day period to respond. I would like to exercise the ADR option, which was included on my summons. Will filing the E-203 - Stipulation and Order to Arbitration/Mediation form suffice as a legal response?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Arbitration & Mediation Lawyer
  • Newport Beach, CA
  • Licensed in California

A: It took 20 minutes to hunt down the Sacramento County Local Court form E-203. No, this is not a response to a summons and complaint and if this is all you file, you will be defaulted and could have a default judgment entered against you. This is an ATTACHMENT to a stipulation for the Court to Order the case to mediation or Arbitration, which you could only obtain if all sides AGREE to go to Mediation or Arbitration. Buy the way, did you know that you have to pay for that mediator or arbitrator's time? And they charge upwards of $400 per hour, depending on who you get? ADR is private judging and when you go there, you have to pay for the private judge- which can be a retired judge or an attorney. Since you have been served with a lawsuit, and you have no legal expertise, you should really consult with a local attorney before filing any forms. You will need to file an Answer, or a General Denial, along with a Cross-complaint and supporting Causes of Action, and summons on Cross-complaint, depending on your circumstance.

Steve A. Buchwalter agrees with this answer

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