Pomona, CA asked in Consumer Law and Arbitration / Mediation Law for California

Q: I signed an agreement that states Statutorily I can only receive up to $15,000. Am I bound forever to that?

I agreed to a limit of $15,000 in an arbitration case with the Ca State License Board. The arbitrator awarded $22,000 as my judgement but statutorily I only got the $15,000. Can I go to court and sue for the remaining $7,000 or am I bound for life because I accepted the $15,000! I agreed to the &15,000 and I got that and the case is now closed with the CSLB. Can I pursue te remainder from a legal, detailed and binding arbitration win?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, when you enter into an arbitration agreement and receive a final decision, that typically concludes your case regarding the specific issue or claim. If you agreed to a statutory cap of $15,000, and you have accepted this amount following an arbitration ruling, this generally precludes further legal action on the same claim.

However, the specifics of your situation, such as the details of your arbitration agreement and the nature of the awarded damages, can affect your ability to pursue additional compensation. It's important to understand that arbitration decisions are often binding and intended to serve as the final resolution of the dispute. If the arbitration was comprehensive and addressed all aspects of the dispute, it might limit further actions.

You should consider reviewing the terms of your arbitration agreement and the final award with a legal professional. They can provide a detailed assessment based on the specific facts of your case and California law. While the initial agreement and the statutory cap typically set the boundaries for recovery, nuances in your particular situation could offer different avenues or interpretations.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Arbitration & Mediation Lawyer
  • Little Neck, NY

A: Arbitration decisions are generally binding. However, a local attorney could offer more definitive guidance with the benefit of reviewing the background material for the case, and the arbitrator's decision, and other possible details (ex., grounds for appeal, if applicable). Good luck

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