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California Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Contracts for California on
Q: What is the verbal work agreement and how can I get a law consultation

I have a agreement for a 2 year with a company I transport products and delivery to hes customers with hes regulations all goes good for one year and now he just cut my payment in half alleging the diferente can be hes company profits and I have to do the same work with half of the payment.... Read more »

James L. Arrasmith
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answered on Mar 25, 2023

A verbal work agreement is a verbal contract between two parties, in which they agree to certain terms of work without a written contract. In many cases, verbal work agreements can be legally binding, although they can be difficult to prove in court if there is a dispute.

In your situation,...
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1 Answer | Asked in Arbitration / Mediation Law, Legal Malpractice and Medical Malpractice for California on
Q: What should i do?

I hired a medical negligence attorney for arbitration 2 years ago. its 2023 the mediation was for February /28/2023

I turnedC in all the documents medical bills ect. now the attorney is acting clueless. to the nest steps of the final judgement (quote) '' i don't know when... Read more »

James L. Arrasmith
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answered on Mar 16, 2023

I'm sorry to hear about your situation. It sounds like you have concerns about your attorney's handling of your case and the status of your settlement.

If you feel that your attorney is being dishonest or not communicating effectively with you, you may want to consider taking...
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1 Answer | Asked in Arbitration / Mediation Law and Land Use & Zoning for California on
Q: Disputing an alleged short term rental ad breach claim by Cathedral City. New ordinance as of Jan. 1 has a $5,000 fine.

The fine was disputed at a virtual hearing a week ago, with compelling factual written appeal rebuttal provided in advance. There was a hearing officer (layperson) from a company in California that acts for smaller city ordinance collection efforts being disputed, as well as the CC ordinance ticket... Read more »

James L. Arrasmith
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answered on Mar 15, 2023

If the property owner wishes to appeal the decision made by the hearing officer and challenge the fine in court, they will need to file an appeal within the specified timeframe (which you mentioned as 10+ days) and pay the required filing fees. The exact process and cost of an appeal can vary... Read more »

Q: If an independent operator, not employer, are trying to get us to sign an arbitration as a condition of his employment

Do we have to sign? This independent operator is claiming to work for my sons employer and be the owners of the establishments. They are not. So do we have to sign it as a condition of his employment when it’s not even for the employer?

James L. Arrasmith
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answered on Mar 3, 2023

If the independent operator is not the employer, it is unclear whether you would be required to sign an arbitration agreement as a condition of your son's employment. Generally, arbitration agreements are contracts between an employer and an employee that require any disputes arising out of... Read more »

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Q: My sons employer wont let him work now that we refuse to sign a second arbitration is this possibly a contingency case?

They said they don’t have the first and the first one they had us sign was either only the second page or different. The first manager didn’t like the fact that the second gave my son a copy of it to take home. That’s when we saw the first page with all of the actual information on it. In a... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 3, 2023

On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The court held that the law was preempted by the Federal Arbitration Act.... Read more »

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: How do I find out about past arbitration judgments that I might have been a part of?

I believe they appointed me a representative and hid the notifications of the proceedings from me. Is there a way that I can find out about any past arbitration judgements against me?

James L. Arrasmith
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answered on Feb 28, 2023

If you believe that you may have been a part of an arbitration proceeding in California and want to find out about past arbitration judgments, you can take the following steps:

Check your records: Review any records or documents that you may have related to the dispute or arbitration...
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3 Answers | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for California on
Q: My sons work tricked us into signing an arbitration that it only let us see the second page to, then they lost it

After they lost the first, the other manager gave my son both sheets to take home. That’s when I fully saw what it was and had a huge problem with signing it. The first manager was upset that the second let us take home a legal document, even though on the first page that we didn’t get the... Read more »

James L. Arrasmith
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answered on Feb 27, 2023

If you believe that your son's employer tricked you into signing an arbitration agreement and then lost the first page of the document, it may be helpful to consult with an attorney who can provide guidance on your legal options.

Under California law, employers are generally required...
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2 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: if my son employer lost the original arbitration paper we signed, do we have to sign this new one we do not agree with?

My sons employer lost the original paper we signed and is now asking us to sign another that includes things that the first did not have. We do not agree with anything in this new one but if we do not sign it, they suddenly will not let him work. We've had problems with the school tricking us... Read more »

James L. Arrasmith
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answered on Feb 25, 2023

If your son's employer lost the original arbitration agreement that you signed and is now asking you to sign a new one that includes additional terms, you are not required to sign the new agreement if you do not agree with its terms. However, it is important to understand the potential... Read more »

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2 Answers | Asked in Contracts, Employment Law and Arbitration / Mediation Law for California on
Q: Can I sue a freelancer on upwork or just upwork?

Going through arbitration on Upwork for work not delivered by a freelancer. Just wondering, if the arbitration team decides to take the side of the freelancer - can I sue? Since that's supposed to be the final decision. I don't know the decision yet but I have substantiative proof that... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 2, 2023

No one can advise you about whether you can appeal the arbitration decision or otherwise sue without looking at the contract. However the best that can be done is say that usually arbitration agreements preclude any other form of legal action, and even appealing an arbitration award is very... Read more »

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3 Answers | Asked in Criminal Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Can you serve a letter to the defendant on a certain date when I know he will be in court present with his other case?

Defendant not available at home for certified letter. I know he had court date with someone else. Can I serve papers there?

Yes it's demand letter. One more question, how to do it?

Lyndsie Nichole Russell
Lyndsie Nichole Russell
answered on Dec 2, 2022

Different types of documents have different service requirements. Personal service is acceptable under many of thee statutes; however, there is not enough information to determine if you could personally serve the demand letter in your case. Please be aware that under many of the California... Read more »

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1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Identity Theft for California on
Q: Is it legal for a company to request a copy of my CA driver's license?

I purchased a $500 prepaid Visa gift card from a grocery store in CA in 2022. An unknown person registered it in his name after I used $387 of the $500. Customer Service for the Bank who issued the Visa gift card refuses to fraud out this Visa card because the thief registered it in his name.... Read more »

Leon Bayer
Leon Bayer
answered on Nov 30, 2022

My experience with prepaid cards is that you have to register the card before it becomes active. Based on the information in your question, it seems to me that you did not purchase the card.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Should I have an attorney represent me for a TRO mediation for civil harassment that my neighbor filed against me?

My neighbor has been harassing me since April so I sent him a cease and desist letter and in turn he filed a restraining order against me. When I responded to the restraining order he decided he didn’t want to go through with the TRO and got an attorney to represent him. We have decided to go... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

Yes, you should have an attorney to represent you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: How long does a Company have to pay me Back Pay and job back after winning in Arbitration?

The Union advised me that I will get my job back and back pay, it's been over 11 months now and nothing, Union keeps dragging their feet say the Company needs W2's, then update my Commercial License, etc.

Steve A. Buchwalter
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Steve A. Buchwalter
answered on Sep 27, 2022

I do not know how union arbitration awards are enforced. With a normal arbitration, the arbitration agreement or award says that the award can be confirmed as a judgment. In those cases, you would confirm the award as a judgment and enforce the judgment.

1 Answer | Asked in Arbitration / Mediation Law and Family Law for California on
Q: What can I do at the mediation "follow up"? I feel like the female mediator is siding with mom.

Today the recommendation so far is thurs to mon. Then following week a 3 hr visit Wednesday before work. After school. I work graveyard working mon thru thurs one week, mon thru wens another. 12hr shifts. I asked for visits to match my days off cuz I work graveyard. Mom works during the day so she... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

An attorney will advise regarding mediation. If you disagree with the mediator's report, you can request a hearing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal... Read more »

2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

It depends. I've had judges state the parties have reached an agreement, and put the terms of the agreement on the record and in the minutes. Even when this has happened, it was stated the parties would sign a settlement agreement memorializing what had been agreed to. Speak with a local... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Divorce for California on
Q: I was coerced into signing a fraudulent divorce deal memo, what are my option prior to the hearing to show good cause ?

I am self represented in a high profil divorce case in Los Angeles. The deal memorandum i was coerced into signing is fraudulent. The court as set an order to show cause - re entry of judgement in 2month but I refuse to sign the judgement knowing that the deal in itself isn’t fair at all and... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

More information is needed to meaningfully respond to your question. Speak with an attorney in your area who can provide immediate assistance. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek... Read more »

2 Answers | Asked in Arbitration / Mediation Law and Family Law for California on
Q: Can I use family law court services mediation (alameda county) without filing a suit.

My girlfriend (and mother of our 3 children) have split. We can't agree on specifics of shared custody. We don't want to file a custody suit, just to go to mediation to see if we can work it out. Do I have to file a lawsuit to use family court mediation services in Alameda County?

James L. Arrasmith
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answered on Sep 8, 2022

You can always hire a private mediator or have a trusted friend do it. That may work out for your situation a little better.

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Q: Why is my settlement agreement form taking so long?

I’m beginning to get so frustrated with my lawyer and I was hoping one of you can shed some light on what may be happening since this is my first lawsuit/settlement.

I was part of a major class action that I opted out of and sued on my own with my own attorney. After over a year, we... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 21, 2022

You frustration is perfectly understandable. Your attorney may be frustrated also. Unfortunately, this sort of thing happens in cases all the time. You might want to discuss with your lawyer giving the opposing side a deadline to complete or otherwise there is no settlement.

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: What is the California process for an In Pro Per to execute Subpoenas in Arbitration? Is there Arbitration pro bono?
Steve A. Buchwalter
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Steve A. Buchwalter
answered on Jun 8, 2022

In California arbitrations, all subpoenas need to be executed by the arbitrator(s).

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: Mt son received unemployment benefits that were deposited to a debit card serviced by Bank of America.

Last October my son discovered that over 16,000 dollars were missing from his account. He promptly reported the missing funds to BofA and filed a police report. Bank of America has repeatedly denied his claim. What can he do to get his money back?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

File a claim with the Federal Deposit Insurance Corporation. His money is insured up to $250,000.

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