Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
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 
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.
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
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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
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
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
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
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... View More
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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
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
answered on Oct 12, 2024
Hard to say. If it were me I'd find a new job pronto.
in california
im the consumer they are the business
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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
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
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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
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
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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
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
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.
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
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,... View More
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
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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
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
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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
Client is refusing to sign release form from my liability insurance. Contractors board is threatening to suspend my license. What can I do
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
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
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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.
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
I was sued by a law firm representing Discover bank.
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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... View More
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
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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
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.
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
answered on Jun 30, 2024
It could take more time for a response, since only two days have elapsed. Also, being close to a weekend and major holiday could impact response time. Good luck
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