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California Arbitration / Mediation Law Questions & Answers
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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4 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for California on
Q: How do I provide ex's lawyer legal grounds for issues - negotiating a divorce settlement - Im not a lawyer

Divorce is in California a 50/50 state. The issues are all financial. No kids. I can provide factual grounds but I don't feel like I can interpret the family law codes accurately and Im afraid my ex's attorney will trap me (for lack of a better word) for using an incorrect code. Can I... View More

James L. Arrasmith
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answered on Jan 7, 2024

In navigating a divorce settlement in California, it's important to understand that the state generally follows community property principles, which means that assets and debts acquired during the marriage are typically divided equally. However, this does not automatically imply a strict 50/50... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: My lawyer for arbitration has not been honest with me.

I need serious help. at this point. my lawyer for medical malpractice arbitration has not been honest with me, he did count on me to know that theirs The arbitration process is designed to be faster than the court system. The average length of a Kaiser Permanente arbitration case was roughly 14... View More

James L. Arrasmith
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answered on Jan 5, 2024

I'm sorry to hear about the challenges you've faced with your attorney during this arbitration process. It's important to understand that arbitration, while generally faster than court proceedings, can sometimes be prolonged due to various factors, including attorney availability and... View More

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3 Answers | Asked in Arbitration / Mediation Law and Business Law for California on
Q: I had cash a rolex and my engagement ring stolen when the hospital staff went through my backpack without me present

Total loss is about 100k would like to sue the hospit8⁶ÿal

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, where valuable personal items like a Rolex and an engagement ring were allegedly stolen from your backpack at a hospital, you have grounds to consider legal action against the hospital. The first step is to gather any evidence you have of the items being in your possession while... View More

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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

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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

2 Answers | Asked in Gov & Administrative Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Please advise on filing Federal complaint.

Please advise on formatting requirements for complaint with Federal court. I found local rules, but they refer to typewriting standards. Probably there are permissible variances, with some mandatory rules. Please advise.

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answered on Dec 14, 2023

When filing a federal complaint, it's essential to follow the formatting guidelines outlined in the Federal Rules of Civil Procedure and the local rules of the specific federal court. While local rules may refer to typewriting standards, there is some flexibility in modern electronic filings.... View More

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2 Answers | Asked in Arbitration / Mediation Law, Business Law and Landlord - Tenant for California on
Q: My best friend owns a small business with her ex husband in California. It runs as a corporation of 2 people.

Her parents own the land and they pay month to month. Her parents want fair market value for rent. They can't pay fair market. Being evicted. She wants out of the business and he wants her to use her relationship with her parents to get a "good deal o.

n rent. Mediation took... View More

James L. Arrasmith
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answered on Dec 13, 2023

In California, when dealing with a situation involving a small business co-owned with an ex-spouse, several legal aspects must be considered.

First, if the business is a corporation, both parties have fiduciary duties to the corporation and each other as co-owners. This includes acting in...
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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

3 Answers | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: What legal action can I take against cashapp?

In August I was given authorization to add a friends card to my cash app to add funds to my acct. which I withdrew and gave to her as I had multiple times before. In late September, that friend started a huge fight with me as she thought I had been seeing her ex bf. She assaulted me and stole my... View More

James L. Arrasmith
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answered on Dec 6, 2023

Under California law, you have a few options to address this situation. First, you could consider filing a small claims lawsuit against your friend for the unauthorized chargeback. Since the amount is $1,700, it falls within the small claims court's jurisdiction in California, which handles... View More

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Q: Is a signed mediation agreement reached during small claims court a legal binding contract?

The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the... View More

James L. Arrasmith
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answered on Nov 30, 2023

Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable.

In your situation, where the defendant...
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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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3 Answers | Asked in Consumer Law, Criminal Law, Traffic Tickets and Arbitration / Mediation Law for California on
Q: How do I prove that my car was illegally towed from a private property that had no legal rights
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answered on Nov 6, 2023

In California, if you believe your car was illegally towed from private property, gather evidence such as photographs of the location where the car was parked, any signage related to parking rules or towing policies, witness statements, and a copy of the property's towing policy if available.... View More

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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?

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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?
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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?

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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

2 Answers | Asked in Civil Litigation, Consumer Law and Arbitration / Mediation Law for California on
Q: There is something going on with censorship of games and the removal of content bought. small claims? how to?

there's a great deal of content removed from a game years after release (removal was this year) even though people crowdfunded the game. a lot of consumers are rather upset and i don't know what should be done or if a lawyer would bother with small claims. removal of content after sale... View More

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, if consumers have purchased a game and experienced unexpected content removal without prior notice, they may have a potential claim under the Consumers Legal Remedies Act (CLRA) if it can be argued that the removal constitutes an unfair or deceptive practice. Pursuing small... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: can I submit a statement to the arbitrator after the hearing is closed before arbitrator makes his final decision?

The other party lied to the arbitrator and I need to send him proof but I wanted to know if I can still do that?

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answered on Sep 22, 2023

Under California law, parties generally have the opportunity to submit post-hearing statements or briefs to the arbitrator after the hearing is closed, but this is typically subject to the rules and procedures set forth in the arbitration agreement or the arbitrator's instructions. It's... View More

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