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California Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Contracts and Arbitration / Mediation Law for California on
Q: can i change of venue if conditonal aggreemnt was mailed in diff county than fruadulent orig. contract was signed?

plaintiff=P, Defendants = D

P entered Fraud contract with D; D was aware of P Disability proceeded to misrepresent. P mate was confused by terms, mate was absent during signing F Contct. (P)s' Paid lease amount for 3Yrs fell on hardship asked for deferment loan comp. denied, this... View More

James L. Arrasmith
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answered on Dec 4, 2024

Based on your description, you've discovered potential fraud in your vehicle contract and sent a conditional agreement to address it. Since the original fraudulent contract was signed in one county, but you mailed the conditional agreement from another, you're asking about venue options... View More

2 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney in legal malpractice presents false material to Court, do you need to name them in the case?

In a Legal Malpractice case, if an Attorney representing the attorney party, presents materials to the Court intended to establish justifiable reliance that later is found to be fraudulent, is it necessary to name the Attorney in the case in order for the defendants to be held accountable for the... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 6, 2024

There are other methods you can take in the court to show the evidence is fraudulent to the jury to help your case.

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1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If Renewal Motion for new evidence is extrinsic fraud is a Motion to Set Aside/Vacate correct? How does it become void?

If you file a Renewal Motion for Motion to Vacate Arbitration Award based on new evidence of fraud, which is extrinsic, and simultaneously file a Motion to Set Aside/Vacate Judgment... being that the Judgment would technically be void for the fraud being extrinsic, is there another way you should... View More

James L. Arrasmith
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answered on Oct 31, 2024

When dealing with extrinsic fraud, a Renewal Motion for new evidence typically functions as a Motion to Vacate the Arbitration Award. Extrinsic fraud involves actions outside the scope of the legal process, such as deceit that prevented you from presenting your case. To have the award set aside,... View More

2 Answers | Asked in Estate Planning, Arbitration / Mediation Law and Probate for California on
Q: I was contacted by an attorney who needed me to prove I was the heir of my Late dad.

she told me that I gave her enough proof and that she would be directing me to another attorney that a trust of a trust that my dad was the beneficiary. so I’ve emailed and called this attorney multiple times and have not gotten anywhere. Talk to a person that works for his office one time and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2024

I do not practice in Estate Planning, but your question came up in the Arbitration/Mediation category, one of the selected tags. As a general note for ANY type of matter, it could be advisable to learn more before disclosing personal information if you've simply been contacted out of the blue.... View More

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3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: I was wrongfully terminated by GrubHub. Do I need to do arbitration (agreement clause) or sue?

I filed a case against GrubHub with LA County DCBA regarding embezzlement/breach of contract and Prop 22 violations. The reason for termination was based on these agreement and Prop 22 violating offers, using a created "GrubHub Violation" that focused on these offers and then compiled... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 20, 2024

Where there are arbitration clauses in employment agreements, they may or may not be enforceable.

There are reasons why an employee might want arbitration, but generally, arbitration is less beneficial to the employee.

Your best option is to consult with wrongful termination or...
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1 Answer | Asked in Arbitration / Mediation Law and Consumer Law for California on
Q: what are the statutes of limitations for negligence and mis representstion towards the consumer in california
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answered on Oct 20, 2024

In California, if you believe you've been wronged through negligence, you generally have two years from the date of the incident to file a lawsuit. This period starts when the injury or damage occurs, so it's important to keep detailed records of what happened and when. Missing this... View More

Q: Employer at UPS asked me to put myself as a witness on a customers notary and asked me to put an alias name.

A worker at UPS asked me to put myself as a witness on a customers notary and asked me to put an alias name. He did not let me ready the document he just said “I’m not notary it’s okay just put any name and any signature it could be an alias.” I did so without thinking. What happens?... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 12, 2024

Hard to say. If it were me I'd find a new job pronto.

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: what are the statutes of limitations for an arbitration case to be presented to the business and arbitration association

in california

im the consumer they are the business

James L. Arrasmith
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answered on Oct 3, 2024

In California, the statute of limitations for filing an arbitration claim generally mirrors the statute of limitations for court cases. For most consumer-related claims, this is typically 2 to 4 years, depending on the nature of the dispute. For example, claims related to breach of contract usually... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If defendant makes claims such as untimely but the Judge's order considers the filing valid can you safely move forward?

If Defendants file a Petition to Confirm 10 days after judgment.

You file a Petition to Vacate Arbitration Award 13 days later with Judges permission.

Exactly 9 days before hearing Defendants file Opposition to Plaintiffs untimely and procedurally improper petition to vacate... View More

James L. Arrasmith
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answered on Sep 23, 2024

It sounds like you're in a situation where timing and responses to petitions are critical. The fact that the judge considered your filing valid suggests you are on solid ground moving forward. The Petition to Vacate can often serve as a response to the Petition to Confirm, especially if it... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Plaintiff wants a renewal motion to vacate arbitration award but didn't file response defs motion to confirm then what?

If a Defendant first filed a Motion to Confirm Arbitration Award and instead, Plaintiff also filed a Motion to Vacate but did not respond to Defendants Motion to Confirm, but now attempts to file a Renewal Motion to Motion to Vacate, do they need to file a Motion to Set Aside Judgment, a Renewal... View More

James L. Arrasmith
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answered on Sep 22, 2024

In this situation, the Plaintiff may need to address both the Motion to Confirm and the new request to vacate the arbitration award. Since the Plaintiff did not initially respond to the Defendant's Motion to Confirm, it would be necessary to file a response to that motion, as the court likely... View More

Q: I believe I am the victim of predatory lawyering; bait & switch, ethics violations, and the breach of fiduciary duties.

i originally reached out to my attorneys firm to seek a referral.i run a grassroots animal welfare charity & was looking for an attorney to work within my financial limitations & take payments,i clearly stated this in my first emails.previously id been advised by other attorneys & a... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 13, 2024

What you describe has several areas of potential malpractice as well as breaches of fiduciary duties. You need to consult with legal malpractice specialists.

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3 Answers | Asked in Health Care Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Seeking help for chronic TBI after heart surgery but surgeon and hospital are playing possum. Any takers/advice? Thanks

Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 8, 2024

Hopefully you are consulting with medical specialists to determine your needed treatment.

Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses,...
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1 Answer | Asked in Medical Malpractice and Arbitration / Mediation Law for California on
Q: How can I go about looking for representation on on medical malpractice and medical negligence lawsuit for pro bono?

I had experienced medical malpractice, medical negligence, and medical gaslighting. There were times I would discuss with my doctor(s) my concerns, and none of them had taken accounts of what I was saying. Then they kinda would, only to tell me that I was a hypochondriac, seeking attention, or that... View More

James L. Arrasmith
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answered on Sep 3, 2024

It sounds like you've been through a really difficult experience, and it’s important to find the right support for your situation. Looking for pro bono representation in a medical malpractice or negligence case can be challenging, but there are a few steps you can take. Start by contacting... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Can an Attorney file a Motion Limine to prevent Mediation mentions then file the Agreement w/exhibits and address court?

If you are entering an Legal Malpractice Arbitration from a Personal Injury Mediation, can the Attorney file a Motion Limine ordering you not to speak a word about the Mediation then simultaneously file the Mediation Agreement and relative files with their exhibits and include multiple references... View More

James L. Arrasmith
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answered on Aug 17, 2024

In California, filing a Motion in Limine to prevent the mention of mediation in arbitration is possible, as mediation communications are generally protected under the California Evidence Code. However, it would be inconsistent and potentially problematic for the attorney to then file the Mediation... View More

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Hello- I am a licensed contractor in CA. I lost a binding arbitration case, and client is refusing insurance payment

Client is refusing to sign release form from my liability insurance. Contractors board is threatening to suspend my license. What can I do

Joel Gary Selik
Joel Gary Selik
answered on Sep 8, 2024

An arbitration award turned into a judgment may be executed on without the requirement for the creditor to sign a release. But, the judgment creditor should agree to a release in exchange for fast payment. In any event, on payment of the judgment, a sanctification of judgment is required to be... View More

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1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for California on
Q: Arbitration award on Unlawful detainer, motion to confirm judgement or needs motion to amend limited to unlimited?

Note - I have an attorney who is only reachable through paralegals and communication has been hard due to some language issues. So, reaching for an opinion so I ask the right questions back. An unlawful detainer that started off as a limited case (less than or equal to $10,000) took months together... View More

James L. Arrasmith
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answered on Aug 15, 2024

You should discuss these steps with your attorney or their paralegal to ensure they file the appropriate motions to both amend the jurisdiction and confirm the award, so you can enforce the judgment without unnecessary delays.

1 Answer | Asked in Family Law, Child Custody, Child Support and Arbitration / Mediation Law for California on
Q: I need help in regards to child custody my in-laws have my children and I'm their mother who still has my parental right

I live in Utah and they live in California, the paternal grandmother has guardianship of them and has never played Fair I need to know how regain my parental rights living in a different state.

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answered on Aug 11, 2024

Regaining custody of your children is a challenging process, especially across state lines. Since the paternal grandmother has guardianship, you would need to file a petition to terminate the guardianship in California, where your children currently live. The court will prioritize the best... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I filed a Motion to Compel Arbitration and Dismiss the case. The plantiff didnt respond Can I file to have it dismissed?

I was sued by a law firm representing Discover bank.

James L. Arrasmith
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answered on Jul 24, 2024

Yes, you can file to have the case dismissed if the plaintiff did not respond to your Motion to Compel Arbitration. Generally, if a party does not respond to a motion within the specified time frame, the court may consider it unopposed and grant the motion.

First, check the local court...
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1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Arbitration / Mediation Law for California on
Q: My question is about 553 ca arb ,it has been about 4 years

I need legal advice on a potential predatory lending and unlawful repossession issue. Four years ago, I bought a car, and the lender changed due to the original lender going out of business. The new lender engaged in what I believe were predatory practices, including repossessing my car at 2 AM... View More

James L. Arrasmith
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answered on Jul 19, 2024

You have a complex and distressing situation involving potential predatory lending and unlawful repossession. Under California law, you may have several legal avenues to explore. The repossession without notice and the unconventional payment demands may constitute violations of your rights under... View More

3 Answers | Asked in Personal Injury and Arbitration / Mediation Law for California on
Q: What action should one take if they find the Mediation Agreement had only 1 signature line but 2 Plaintiffs.

What is it called and how big of a deal is it if your Mediation Settlement Agreement had only 1 signature line and you weren't notified you were negotiating for two.

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2024

As my colleague advises, look into whether one party has the right to sign for both. Otherwise, it's possible (not definite, but possible) that the absence of a second signature could invalidate the agreement. One option, if the issue remains unresolved, would be to review the agreement with... View More

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