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California Arbitration / Mediation Law Questions & Answers
Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More

David H. Relkin
David H. Relkin
answered on Jan 26, 2024

If you have stated the facts correctly, I would have a problem with the payout. According to your statement of the case, you have to "drop" the lawsuit after the first payment but "they are not ok with you going through the courts to enforce the payment" --[presumably] the... View More

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: In filing renewal motion for motion to vacate arb award, if 1st motion was to set hearing can you ask summary judgment?

When filing a renewal motion for motion to vacate arbitration award that calls for you to ask for the same thing you did the first time, can you ask for a summary judgment instead of requesting to set a hearing, if the time for the court to set a hearing has expired?

James L. Arrasmith
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answered on Jan 8, 2024

When you're considering filing a renewal motion for a motion to vacate an arbitration award, it's important to understand the procedural nuances involved. Typically, a renewal motion requires you to ask for the same relief as you did in your initial motion. However, the possibility of... View More

1 Answer | Asked in Contracts and Arbitration / Mediation Law for California on
Q: What words to use to write an objection to an interrogatory question;

Generally speaking ... the CCP 2030.210 does not inform the type of objection that can be used? The interrogatories I submitted came back requesting an amendment for the objections the preparer stating no objections are permitted in interrogatories.

James L. Arrasmith
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answered on Jan 7, 2024

Under California law, objections to interrogatories can be based on various grounds, such as relevance, privilege, or being overly burdensome. When crafting your objections, it's important to be specific and clear about the reason for each objection.

For instance, if a question is not...
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Q: I filed a complaint against mobile home park for wrongful eviction and etc prop manager refused my space rent and set ev

Eviction took place after my space rent proof of whole year I payed and sold my mobile home I owned

James L. Arrasmith
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answered on Dec 26, 2023

In California, mobile home park residents are protected under specific laws that govern eviction and rent practices. If your space rent was refused and you were subsequently evicted despite having proof of payment, this could potentially be a wrongful eviction under California law.... View More

1 Answer | Asked in Arbitration / Mediation Law, Divorce, Real Estate Law and International Law for California on
Q: Filing a petition to confirm an foreign arbitration in California (updated question with more information)

My ex-husband and I are Taiwanese citizens with a property in the United States. We went through courts and arbitration, and after many years of appeals, I was awarded the property in the United States.

I already offered to have the paperwork prepared here in the US and sent to Taiwan for... View More

James L. Arrasmith
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answered on Dec 22, 2023

In California, you can file a petition to confirm a foreign arbitration award, including those related to property disputes. This process is governed by the Uniform Foreign-Country Money Judgments Recognition Act, which California has adopted. The court will review the arbitration record and, if it... View More

Q: Kaiser is saying that their policy for opiods is 50 mme a day for chronic pain patients that have severe pain. T or F?

I went through Kaiser pain mgmt program last Oct. 2022 and since then my pain medications have been slowly stripped down to just 45 mme of MSCONTIN 15mg of Extended Release by dr's who are not pain specialists. This is 3 pills a day. It used to be 4 pills a day They took away my breakthrough... View More

James L. Arrasmith
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answered on Dec 10, 2023

It's important to understand that healthcare providers, including Kaiser, often have policies regarding the prescription of opioids, which are influenced by various guidelines and regulations. These policies aim to balance the need for pain management with the risks associated with opioid use.... View More

1 Answer | Asked in Arbitration / Mediation Law, Consumer Law, Contracts and Business Law for California on
Q: Consumer protection. Removal of what was promised via a crowdfunding campaign

Cosnumer protection! I need help recovering digital property that was promised. contract 828,768 usd 15,860

is it really that hard to understand? people crowdfunding on the promise of something being delivered. NOW IT'S GONE. no way to access what one paid for. even straight up tearing... View More

James L. Arrasmith
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answered on Nov 20, 2023

In cases involving crowdfunding platforms like IndieGoGo, the terms of the campaign and the platform's policies are crucial. If a developer promised certain digital content in their crowdfunding campaign and then failed to deliver it or removed it, this could potentially be a breach of... View More

4 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Small Claims for California on
Q: getting Mediation going in circles.

i submitted case DR23-11933 and DR23-11464 to the L.A. County department of consumer affairs and they tried to reach the business in question for mediation.

The company I'd like to mediate with is

square enix. 999 N. Pacific Coast Highway, 3rd Floor, El Segundo, CA 90245, U.... View More

George Steven Louis
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answered on Nov 6, 2023

As a mediator arbitrator myself I always find it rather difficult to get the individuals to the table so that we can work things out letters don't always seem to cut the mustard therefore I enjoy trying to call the parties so the mediation can have an opportunity to work.

These your...
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5 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney/Client have a valid Arbitration Clause between them in California, can the case be heard at a private forum?

In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:

What type of Arbitration is it, i.e., consumer, employment, etc.? and

Can the case be heard at a private forum not normally designated for... View More

Kenneth Sisco
Kenneth Sisco
answered on Oct 18, 2023

Typically, the Arbitration clause itself describes the terms of the Arbitration, however, whether it does or not, the parties can agree on any terms they want, including waiving the Arbitration Clause altogether.

Personally, especially, in Legal Malpractice cases, I despise Arbitrations....
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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Would you compel arbitration? or file a motion to dismiss based off of improper venue?

Contractor filed a civil suit. Has an arbitration clause in contract. He also filed a lien he never enforced which is way past 90 days.

What is the best approach as a defendant?

James L. Arrasmith
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answered on Oct 17, 2023

Given the presence of an arbitration clause in the contract, a motion to compel arbitration would be a typical approach in California when faced with a civil suit. Arbitration clauses are generally enforceable unless they're unconscionable or otherwise violate public policy. By compelling... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: If my spouse gets half of my 401k, am I entitled to half of the pension payments she has received during the marriage?
James L. Arrasmith
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answered on Oct 15, 2023

In California, the community property laws dictate that assets and debts acquired during the marriage are generally considered equally owned by both spouses. This means both the 401(k) and pension payments accrued during the marriage are typically divided equally upon divorce. If your spouse is... View More

1 Answer | Asked in Family Law and Arbitration / Mediation Law for California on
Q: What do I do when my child’s mother isn’t following mediation orders or visitation?

I have a mediation order with my childs mother, shes not following it or allowing me to speak or see my child.

Can I call law enforcement to enforce the order?

James L. Arrasmith
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answered on Oct 9, 2023

If the child's mother is not adhering to the mediation order, you have the right to return to court to seek enforcement of the order. Documentation of instances where the order was breached can be beneficial. It's essential to consult with an attorney to understand the best course of... View More

Q: Company installed solar panels 2/2023 as of today 9/13/23 it is not generating power no PTO. Do I have a case?

Permit/inspection by City of West Sacramento had a few non compliant items the contractor has failed to correct. In addition, they failed to complete form correctly to obtain Permission to Operate with PG&E utility company. To date the panels have been sitting on my roof not generating any... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear about your troubling situation. In California, consumers in your position have several avenues for recourse including continuing to pursue the complaints filed with the State Contractors License Board and the Better Business Bureau. Moreover, considering reaching out to the... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Legal malpractice by attorney taking a settlement I refused. They stood me up for Mediation. Then took settlement.

Zero, pros/cons, discussion, zero

Showing or telling amount of itemized

Dr/Attorney Bills..Attorney zero call from attorney

to solve Misunderstanding about

Settle or court. Just blocked me

out and bullying me to docusign.

I have not signed. Until I... View More

James L. Arrasmith
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answered on Aug 15, 2023

It appears that you may have a valid claim for legal malpractice based on your attorney's actions. It's important to consult with another attorney to evaluate the details of your case, assess the potential damages, and determine the best course of action. Keep all communication and... View More

Q: Can action be taken against the tenant for parking violation without proper notice of change in said parking rule?

On Thursday afternoon, I returned home and parked in an unmarked stall. On Friday, I reached out to property management regarding another business matter. At that time, I was verbally notified that the stall I was still parked in had been modified. The stall is now marked 'manager'.... View More

Leon Bayer
Leon Bayer
answered on Jul 31, 2023

I find this interesting. Why don't you just move your car? They keep asking you nicely to move it. Yet you seem intent on escalating the situation. Isn't it worth the small inconvenience of limited parking and "mismanagement" to have your rent subsidized?

3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: In Mediation, I acepted offer verbally, but I changed to no later. Employer threat for motion withut sign, is it alowd?

In Mediation meeting, I accepted offer verbally, but I changed to "no" later. Employer now have threaten for motion without my sign, is it allowed?

Thanks.

I have not signed any document before going to mediation, nor I have authorized to sign on my behalf. Also, My... View More

T. Augustus Claus
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answered on Jul 18, 2023

In mediation, it's crucial to understand the terms of any agreements or offers being discussed. Verbal agreements can carry weight, but the specifics depend on the circumstances and any written documentation involved.

If you changed your mind and decided not to accept the offer, you...
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2 Answers | Asked in Arbitration / Mediation Law, Collections, Gaming and Lemon Law for California on
Q: 2004 Weekly Grand non-registered "Entry to the Big Spin", Lottery Ticket Mailed directly to CA Lottery in the usps.

$20,000,000.00found out 2004 has ACTS 19,***, lefislation regarding my focal interests.

Leon Bayer
Leon Bayer
answered on Jul 15, 2023

What is your question?

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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Civil Rights for California on
Q: I have been scammed by trustwallet.com which is located in California .they stole my fund . I want to sue them.

I have been scammed by trustwallet.com which is located in California . they conspired with ephko.top to withdraw my fund without my permission. I have all the evidence against them . I am seeking my money and the damages i got because of them . I am diabetic and because of them my... View More

James L. Arrasmith
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answered on Jul 21, 2023

As James L. Arrasmith, Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith, I understand the gravity of the situation you are facing. To pursue legal action against trustwallet.com and ephko.top for the scam, it is essential to take immediate action. Contacting an experienced... View More

1 Answer | Asked in Arbitration / Mediation Law and Contracts for California on
Q: Ineed help me with the solar panels on my house I was lied to and now I can't afford them so I want them removed
James L. Arrasmith
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answered on Jul 6, 2023

I'm sorry to hear about the issues with your solar panels. If you believe you were lied to and can no longer afford them, here are some general steps you can take. Review your contract, contact the solar panel company to discuss your concerns, consider seeking legal advice from an attorney... View More

2 Answers | Asked in Landlord - Tenant and Arbitration / Mediation Law for California on
Q: Can a lawyer collect money from me that my grandson and his wife paid in 2016.I was not aware of the eviction .

Grandson paid Invitatstion Homes $7000.I was unaware of eviction.I had moved out of property.At present I still rent from Invitation homes.Lawyer wants $5000.

Legal Aid tried.but the lawyers had a dead lock.I need a ADR.They continue to harass me.Invitation homes corporate has no open case... View More

Yelena Gurevich
Yelena Gurevich
answered on Jun 23, 2023

You should definitely consult with a landlord/ tenant attorney who can review all your documents and provide proper legal advice based on your specific situation. Most offer free consultations so take them up on it sooner rather than later. If it is determined that they are trying to collect on a... View More

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