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... Read more »
answered on May 29, 2023
First, you should speak with your lawyers about your concerns. Good mediators often have limited availability and coordinating multiple counsels schedules can result in significant delays.
Second, and more important, you mention that this is a seven figure class action. As a class... Read more »
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... Read more »
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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... Read more »
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... Read more »
answered on May 31, 2023
I like Mr. Kane's answer, and would add, that such an action by you- going behind your attorneys' backs so to speak- could very well be a violation of your attorney retainer agreement. If reported to the Court, the court could very well disqualify you from being the Class Representative... Read more »
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... Read more »
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... Read more »
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... Read more »
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answered on May 18, 2023
Yes, both parties involved in a contractual arbitration can petition to confirm, correct, or vacate an arbitration award. The specific procedures and grounds for seeking confirmation, correction, or vacation of an arbitration award may vary depending on the applicable laws and the terms of the... Read more »
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... Read more »
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... Read more »
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... Read more »
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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... Read more »
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... Read more »
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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... Read more »
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... Read more »
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answered on May 1, 2023
Yes, in many cases, it is possible to file a lawsuit in court while an arbitration demand is pending. However, this will depend on the specific circumstances of your case and the laws in your jurisdiction. It is important to consult with an attorney to evaluate your options and determine the best... Read more »
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... Read more »
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... Read more »
entitled to expert witness fees and if so, how do I collect?
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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... Read more »
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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... Read more »
They are now billing me $2000 for rent March 2 through March 10 when the apartment was vacant. Do I have to pay this?
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answered on Apr 9, 2023
If you vacated your apartment on March 2 and were not provided with written notice that your vacate date was March 4, you may have grounds to dispute the rent charge for March 2 through March 10.
It is recommended that you review your lease agreement to see if there are any provisions... Read more »
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 »
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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,... Read more »
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 »
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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... Read more »
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 »
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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 »
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?
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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 »
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 »
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answered on Mar 3, 2023
It is possible that your son's situation could be a contingency case, depending on the specific circumstances and the strength of the potential claims. A contingency case is a legal case in which the attorney's fees are paid only if there is a successful outcome, such as a settlement or... Read more »
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 »
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 »
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?
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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... Read more »
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