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California Arbitration / Mediation Law Questions & Answers
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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1 Answer | Asked in Real Estate Law, Foreclosure and Arbitration / Mediation Law for California on
Q: legally disabled and facing unjust assessment and now lien

This hoa started off saying we had needed dry rot repairs and it has morphed into a full-on remodel of various projects here. I'm disabled and on fixed income and cannot pay and now in danger of lien/ foreclosure. They are demanding 54 thousand dollars now. In addition to 765.00 hoa we pay per... View More

James L. Arrasmith
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answered on Jun 22, 2023

I'm sorry to hear about the difficult situation you're facing with your HOA. To address the unjust assessments and the potential for a lien or foreclosure, consider the following steps: Review your HOA documents to understand your rights. Communicate openly with your HOA, explaining your... View More

Q: I disagree with a determination in an appeal of EDD claim, and I need an advice or help in how to handle it. Thank you.
Neil Pedersen
Neil Pedersen
answered on Jun 12, 2023

Unfortunately this Q&A site is not the place to solicit an attorney to assist you. You are going to have to do some research to find an attorney who is willing to work with you. Therefore, it would be a good idea for you to locate and consult with an experienced employment law attorney as... View More

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: how can I take wells Fargo for arbitration which is part of contract, but now they refuse to even answer my request for

arbitration they are the one who asked for arbitration, but when they found out i am 90 years old and poor health, they are ignoring my appeal to go for arbitration clause or choose an arbitrator.

Steve A. Buchwalter
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answered on Jun 2, 2023

If there is an arbitration agreement, it should be in your account opening documents. If your dispute is with the securities part of Wells, you can can get more information on filing it here: https://www.finra.org/arbitration-mediation.

You should get an attorney to represent you as they...
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3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... View More

James L. Arrasmith
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answered on May 29, 2023

In your ongoing legal situation, it is crucial to consult with your attorneys before taking any action that may affect your case. They possess the expertise and knowledge necessary to guide you through the process effectively. If you were to contact your HR department to discuss a private... View More

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3 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: A Contractual Arb Award no one owes Def files Petition to Confirm, Plaintiff to Vacate, is response to filing also reqd?

With Arbitration complete, Defendants file Petition to Confirm Contractual Arbitration Award while Plaintiff files to Vacate - do both parties still need to respond to each others Petition in addition to each submitting their own?

And, please, is there a reference available on Section... View More

David H. Relkin
David H. Relkin
answered on May 23, 2023

Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Can both parties Petition to Confirm, Correct, or Vacate a Contractual Arbitration Award?

If one party wants to confirm and they file a Petition and the Plaintiff wants to Vacate the Contractual Arbitration Award, can both parties file a petition? And how long do they have since I've found answers that claim 100 days and now I see 10 days which means I am late. Do I have to respond... View More

David H. Relkin
David H. Relkin
answered on May 18, 2023

Let me unpack your question since there are a few parts. First, I understand that the opposing party has filed a Petition/Motion to confirm the Award and you want to vacate the Petition. Yes, you file in the same case (which is brought to confirm) in order to vacate the Award. The law is that, if a... View More

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2 Answers | Asked in Arbitration / Mediation Law, Child Custody and Divorce for California on
Q: Do I need to attend the status conference meeting on 5/16 if a judgement was filed & divorce will be final in 6/13/23?

I filed for divorce after obtaining a 3yr restraining order and being granted sole legal & physical custody of our children. Upon initial filing a status conference was scheduled for 5/16 but on 5/13 I received my paperwork back with a notice of entry of judgement stating that my divorce will... View More

Steve A. Buchwalter
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answered on May 15, 2023

Call the courtroom and ask the clerk.

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1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for California on
Q: My ex wife is a bigamist, can I use this in my divorce proceedings?

I am divorced for over 14 years and just found out my wife married someone in Las Vegas in 1995 while we were still married. We were not separated and got divorced in 2008. I am still paying her spousal support and Osler Smith payments. Can I use this information to my benefit? We are going back to... View More

James L. Arrasmith
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answered on May 8, 2023

If your ex-wife committed bigamy by marrying someone else while still married to you, this information may be relevant in your divorce proceedings. It could potentially impact the division of property, spousal support, and other issues related to your divorce.

You may want to bring this...
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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Hello I have a question about a civil harassment/restraining order

Hello. I have a neighbor that I filed a restraining order against and was advised by a judge that a mediation agreement was needed. We agreed to mediation and now my neighbor is not abiding by it; but only alittle bit. He has put a toe over the line and Im afraid he is testing the water to see how... View More

James L. Arrasmith
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answered on May 7, 2023

I'm sorry to hear about your situation. In California, a restraining order, also known as a civil harassment order, can be requested if someone is being harassed, threatened, or stalked by another person. If you feel that your neighbor is violating the mediation agreement and is continuing to... View More

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Can I file in court after an arbitration demand has been submitted by a lawyer without my approval?

I have hired a lawyer who turned out to be colluded by the other party, a huge corporation, and he filed an arbitration demand without my approval, while I wanted to go to court. There are several grounds to challenge the arbitration agreement. Can I file in court meanwhile that the arbitration... View More

Yelena Gurevich
Yelena Gurevich
answered on May 1, 2023

Unlikely. It’s extremely difficult to overcome an aero traction agreement. If you are not satisfied with your current attorney, hire a new one. Then discuss your arbitration concerns with the new attorney to see if you have any other options. Also keep in mind that in consumer arbitrations, the... View More

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1 Answer | Asked in Family Law and Arbitration / Mediation Law for California on
Q: I wrote a custody eval as a mediator employed in family court. Shortly after I resigned I was subpoened to testify. Am I

entitled to expert witness fees and if so, how do I collect?

James L. Arrasmith
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answered on Apr 28, 2023

As a mediator employed in family court, if you were subpoenaed to testify as a custody evaluator, you may be entitled to expert witness fees under California law. California Code of Civil Procedure Section 2034.260 provides that expert witnesses are entitled to reasonable compensation for their... View More

1 Answer | Asked in Family Law and Arbitration / Mediation Law for California on
Q: Having been unemployed and financiallysupported by my unofficial partner for 12+ years, what are my rights as he ends i?
James L. Arrasmith
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answered on Apr 11, 2023

If you have been financially supported by your unofficial partner for 12+ years and he ends the relationship, you may have certain legal rights to financial support.

In California, the law recognizes "palimony" - which is similar to alimony in a divorce - for unmarried couples who...
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