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California Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: The mediator in my divorce is showing strong bias toward my husband. Is there anything I can do?

The mediator will not reply to my emails, including simple questions like “What is the status of the MSA?” He shows everything to my husband first, and only loops me in later (sometimes weeks or months later), and has taken no consideration of my side. At best, he is completely incompetent at... View More

James L. Arrasmith
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answered on Mar 12, 2024

In California, mediation is a voluntary process, and both parties have the right to a fair and unbiased mediator. If you believe that your mediator is biased or not fulfilling their duties properly, you have several options:

1. Discuss your concerns with the mediator: If you haven't...
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4 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Mediation

I recently went through mediation and part of the terms were that I had to resign. It’s getting close to the deadline of when they had to pay and I’m getting nervous because I haven’t received the check yet. I’m located in CA. Is it easy to collect payment if they breach the contract?

Neil Pedersen
Neil Pedersen
answered on Mar 8, 2024

The answer to your question depends on a great deal of fact and circumstances that are not available from your post. Most mediated settlements end up with a voluntary payment of the settlement amount, but some end up with issues regarding payment. Do not expect payment until the last day... View More

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4 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Mediation

I recently went through mediation and part of the terms were that I had to resign. It’s getting close to the deadline of when they had to pay and I’m getting nervous because I haven’t received the check yet. I’m located in CA. Is it easy to collect payment if they breach the contract?

James L. Arrasmith
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answered on Mar 8, 2024

If the other party breaches the mediation agreement by failing to make the payment as agreed upon, you have a few options to enforce the contract and collect the payment in California:

1. Send a demand letter: Write a formal letter stating that the other party has breached the agreement and...
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1 Answer | Asked in Personal Injury, Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Subpoenas are being approved by Arbitrator in case can an Attorney who is party to the case issue subpoenas covertly?

If the Arbitrator set the grounds in a legal malpractice case as to how he wished for Subpoenas to be processed, i.e., submitted to him for his approval, is it acceptable practice that an Attorney who had representation, who is party to the case, chose to complete, approve, and issue his own... View More

James L. Arrasmith
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answered on Mar 5, 2024

In arbitration, the process and rules for issuing subpoenas can be distinct from those in a court setting. If an arbitrator specifies that subpoenas must be submitted for approval, this procedure is intended to ensure fairness and transparency within the arbitration process. California law and the... View More

1 Answer | Asked in Civil Litigation, Contracts, Arbitration / Mediation Law and Small Claims for California on
Q: am thinking of suing a section 8 employee in small claims court what are some basic questions to ask before starting.

This issue has dragged out for about 10 years and I have a lot of details and specifics. I personally believe that my case has merit, I am asking about the procedure to actually file a small claims case with a section 8 employee as defendant. Is there anything special to take into consideration

James L. Arrasmith
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answered on Feb 28, 2024

Before proceeding with a lawsuit against a Section 8 employee in California small claims court, you should first consider whether the individual's actions fall within the scope of their employment duties or if they are personal in nature. If the issue relates to their professional conduct or... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If Judgment was entered and you file a Renewed Motion to Vacate, do you also have to file a Motion to Set Aside Judgment

In a Legal Malpractice case that went to Arbitration and then had the Award Confirmed in the trial courts, if you are then able to file a Renewal Motion on Motion to Vacate Arbitration Award for fraud, is it also necessary to file any other type of motion to set aside the Order already in place?

James L. Arrasmith
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answered on Feb 21, 2024

Yes, if a judgment has already been entered based on an arbitration award, then in addition to filing a renewed motion to vacate the arbitration award, you would also need to file a motion to set aside the judgment that was entered.

The reasoning is that even if you are successful in...
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1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If writing a renewal Motion to Vacate Arbitration and new evidence is required does that mean I can do more discovery?

If a Judgement to Confirm an Arbitration Award is entered and you acquired new information worthy of a renewal Motion to Vacate Arbitration Award can you perform further discovery to support the Motion? Considering new evidence is required as a condition of filing the renewal? Thank you for your... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California, if you are considering filing a renewal motion to vacate an arbitration award based on new evidence, the rules governing arbitration and court procedures provide some guidance. Generally, discovery in the context of arbitration is more limited than in traditional court litigation.... View More

3 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Why would an Attorney in a legal malpractice file mediation docs from underlying case with Arbitration Exhibits?

What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 20, 2024

What is used in mediation does not necessarily have to be admissible at trial. One can use whatever one thinks may be important to consider at mediation. To the extent the relevance of those documents to mediation goes against your case, you can point that out in mediation.

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3 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Why would an Attorney in a legal malpractice file mediation docs from underlying case with Arbitration Exhibits?

What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More

James L. Arrasmith
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answered on Feb 20, 2024

Items utilized during mediation aren't always required to meet the standards of evidence permissible in court. You're free to introduce any material you believe could be significant for the mediation process. If the pertinence of these documents to the mediation undermines your argument,... View More

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Q: Do I have to sign an arbitration agreement as a condition of continued employment if I don’t understand the terms? CA
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

A California employment should answer your question, but it remains open for two weeks. Until then, arbitration clauses are commonly used. They can be a take-it-or-leave issue - it may not be relevant that the prospective employee does not fully understand the terms. I have seen this on injury... View More

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Q: Do I have to sign an arbitration agreement as a condition of continued employment if I don’t understand the terms? CA
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

Addendum - I'm sorry - in my response a minute ago, I meant "a California employment attorney should answer.... " I left out the word "attorney." Good luck

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Q: Do I have to sign an arbitration agreement as a condition of continued employment if I don’t understand the terms? CA
James L. Arrasmith
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answered on Feb 22, 2024

In California, employers can require employees to sign arbitration agreements as a condition of employment or continued employment. However, the law also mandates that such agreements must be fair, understandable, and not overly burdensome or one-sided against the employee. If you do not understand... View More

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4 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I NEED HELP WITH THIS

what are my legal obligations regarding insurance coverage, and what are the consequences if I fail to meet these requirements?

To what extent can the lienholder dictate the specific terms or cost of my insurance coverage? Are there any legal limits to this?

William John Light
William John Light
answered on Feb 6, 2024

Unclear what "legal obligations" to which you refer. By statute, you are required to have automobile insurance. Any other insurance requirements would likely be something to which you agreed by contract. Generally, you have an obligation to comply with your contractual promises,... View More

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4 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I NEED HELP WITH THIS

what are my legal obligations regarding insurance coverage, and what are the consequences if I fail to meet these requirements?

To what extent can the lienholder dictate the specific terms or cost of my insurance coverage? Are there any legal limits to this?

Leon Bayer
Leon Bayer
answered on Feb 7, 2024

I am assuming that your car loan requires collision coverage and that you don't have any.

If so, the contract will allow the lender to buy such coverage for your vehicle and charge you for the cost. Such policies, called "force-placed" in the industry, are very expensive,...
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4 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I NEED HELP WITH THIS

what are my legal obligations regarding insurance coverage, and what are the consequences if I fail to meet these requirements?

To what extent can the lienholder dictate the specific terms or cost of my insurance coverage? Are there any legal limits to this?

James L. Arrasmith
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answered on Feb 22, 2024

Under California law, you are required to maintain a minimum level of auto insurance if you own and operate a vehicle. This includes liability insurance coverage for bodily injury and property damage that you may cause to others in an accident. Failure to carry the required insurance can result in... View More

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1 Answer | Asked in Estate Planning, Arbitration / Mediation Law and Probate for California on
Q: My parents passed over 10 years ago and my sister let the Family Trust go to the state. How do I get this back.

The amount resting with the State of Ca is about $12-15K. It is a combination of Family Trust, Life insurance and stock dividends. How do I make my sister - the executor-deal with this. I have tried and tried to get her to do something, offered to help etc but she kept saying she "would get to... View More

James L. Arrasmith
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answered on Jan 27, 2024

Under California law, if assets from a Family Trust have escheated to the state, you can reclaim them through the State Controller's Office. This process involves filing a claim form, which requires proof of your entitlement to these assets. The form and guidance can be found on the California... View More

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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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

James L. Arrasmith
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answered on Jan 26, 2024

In California, it's not unusual for settlements in employment litigation to involve structured payments, such as the company proposing to pay you in two installments 12 months apart. This arrangement can be for various reasons, including financial planning or tax considerations for the... View More

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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

Neil Pedersen
Neil Pedersen
answered on Jan 26, 2024

Whether something in your settlement is normal is a difficult question because very few things could be comfortably characterized as normal. There are dozens of ways that most settlement agreements can be structured. Does it happen that parties agree to allowed payments over time? Yes, of... 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

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