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California Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Identity Theft for California on
Q: Is it legal for a company to request a copy of my CA driver's license?

I purchased a $500 prepaid Visa gift card from a grocery store in CA in 2022. An unknown person registered it in his name after I used $387 of the $500. Customer Service for the Bank who issued the Visa gift card refuses to fraud out this Visa card because the thief registered it in his name.... Read more »

Leon Bayer
Leon Bayer
answered on Nov 30, 2022

My experience with prepaid cards is that you have to register the card before it becomes active. Based on the information in your question, it seems to me that you did not purchase the card.

3 Answers | Asked in Criminal Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Can you serve a letter to the defendant on a certain date when I know he will be in court present with his other case?

Defendant not available at home for certified letter. I know he had court date with someone else. Can I serve papers there?

Yes it's demand letter. One more question, how to do it?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 29, 2022

It depends. What kind of letter is it?

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3 Answers | Asked in Criminal Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Can you serve a letter to the defendant on a certain date when I know he will be in court present with his other case?

Defendant not available at home for certified letter. I know he had court date with someone else. Can I serve papers there?

Yes it's demand letter. One more question, how to do it?

Lyndsie Nichole Russell
Lyndsie Nichole Russell
answered on Dec 2, 2022

Different types of documents have different service requirements. Personal service is acceptable under many of thee statutes; however, there is not enough information to determine if you could personally serve the demand letter in your case. Please be aware that under many of the California... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Should I have an attorney represent me for a TRO mediation for civil harassment that my neighbor filed against me?

My neighbor has been harassing me since April so I sent him a cease and desist letter and in turn he filed a restraining order against me. When I responded to the restraining order he decided he didn’t want to go through with the TRO and got an attorney to represent him. We have decided to go... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

Yes, you should have an attorney to represent you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: How long does a Company have to pay me Back Pay and job back after winning in Arbitration?

The Union advised me that I will get my job back and back pay, it's been over 11 months now and nothing, Union keeps dragging their feet say the Company needs W2's, then update my Commercial License, etc.

Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Sep 27, 2022

I do not know how union arbitration awards are enforced. With a normal arbitration, the arbitration agreement or award says that the award can be confirmed as a judgment. In those cases, you would confirm the award as a judgment and enforce the judgment.

1 Answer | Asked in Arbitration / Mediation Law and Family Law for California on
Q: What can I do at the mediation "follow up"? I feel like the female mediator is siding with mom.

Today the recommendation so far is thurs to mon. Then following week a 3 hr visit Wednesday before work. After school. I work graveyard working mon thru thurs one week, mon thru wens another. 12hr shifts. I asked for visits to match my days off cuz I work graveyard. Mom works during the day so she... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

An attorney will advise regarding mediation. If you disagree with the mediator's report, you can request a hearing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal... Read more »

2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

It depends. I've had judges state the parties have reached an agreement, and put the terms of the agreement on the record and in the minutes. Even when this has happened, it was stated the parties would sign a settlement agreement memorializing what had been agreed to. Speak with a local... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Divorce for California on
Q: I was coerced into signing a fraudulent divorce deal memo, what are my option prior to the hearing to show good cause ?

I am self represented in a high profil divorce case in Los Angeles. The deal memorandum i was coerced into signing is fraudulent. The court as set an order to show cause - re entry of judgement in 2month but I refuse to sign the judgement knowing that the deal in itself isn’t fair at all and... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

More information is needed to meaningfully respond to your question. Speak with an attorney in your area who can provide immediate assistance. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek... Read more »

2 Answers | Asked in Arbitration / Mediation Law and Family Law for California on
Q: Can I use family law court services mediation (alameda county) without filing a suit.

My girlfriend (and mother of our 3 children) have split. We can't agree on specifics of shared custody. We don't want to file a custody suit, just to go to mediation to see if we can work it out. Do I have to file a lawsuit to use family court mediation services in Alameda County?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 8, 2022

You can always hire a private mediator or have a trusted friend do it. That may work out for your situation a little better.

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Q: Why is my settlement agreement form taking so long?

I’m beginning to get so frustrated with my lawyer and I was hoping one of you can shed some light on what may be happening since this is my first lawsuit/settlement.

I was part of a major class action that I opted out of and sued on my own with my own attorney. After over a year, we... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 21, 2022

You frustration is perfectly understandable. Your attorney may be frustrated also. Unfortunately, this sort of thing happens in cases all the time. You might want to discuss with your lawyer giving the opposing side a deadline to complete or otherwise there is no settlement.

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: What is the California process for an In Pro Per to execute Subpoenas in Arbitration? Is there Arbitration pro bono?
Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Jun 8, 2022

In California arbitrations, all subpoenas need to be executed by the arbitrator(s).

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: Mt son received unemployment benefits that were deposited to a debit card serviced by Bank of America.

Last October my son discovered that over 16,000 dollars were missing from his account. He promptly reported the missing funds to BofA and filed a police report. Bank of America has repeatedly denied his claim. What can he do to get his money back?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

File a claim with the Federal Deposit Insurance Corporation. His money is insured up to $250,000.

1 Answer | Asked in Contracts, Copyright and Arbitration / Mediation Law for California on
Q: Is there a statute of limitations for Arbitrations in California

My issue issue is primarily a breach of contract dispute that touches on the issue of film copyrights. The contract requires binding arbitration.

David H. Relkin
David H. Relkin
answered on Apr 12, 2022

The statute of limitations to bring a contract claim is the same as in New York, namely, four years. However, most contracts that provide for arbitration shorten such periods. In New York, the arbitrator rules on the statute of limitations but when interstate commerce is involved, the Courts may... Read more »

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Elder Law and Insurance Bad Faith for California on
Q: If I was overcharged for a root canal 15 mos. ago Am I entitled to reimbursement plus interest? They earned interest.

I wanted to go to my root canal dentist who was in the plan but they insisted i go to their sister office; as it turned out he was nor in the plan and i had to appeal to get them paid.

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2022

A California attorney could advise best, but your question remains open for three weeks. Nationwide, claimants do sometimes include interest in filing arbitrations for health care services (I cannot speak for California rules with AAA or other arbitration forums). But as a practical matter, it... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Contracts for California on
Q: I am looking for assistance regarding my competitor impacting my small business in an unfair way

the competitor's business offers a completely different service than what mine offers, but secretly created advertisement to steal our clients and offer our services in their establishment without proper licensing. i need to bring this issue up to my landlord to address the conflict of... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

I don't see a question in here, however, unless you have an agreement not to compete you don't likely have a claim against a competitor business. If you have proof that the other business is lying in its advertising, you may have a false advertising/unfair business practices claim.

1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for California on
Q: union-assigned atty really did sabotage case as a favor... doesn't newly found evidence get around a timing limitation?

Mandamus atty & I expect current discovery to show that union-assigned atty (likely at the bosses' direction) did favors for a County dept in the way my case was handled (intentional sabotage). We don't know whether the favor requests went thru the union, but it is possible. The... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 23, 2022

This is a question best answered by your present attorney who can better understand the factual and legal basis for your claims.

That said, the statute of limitations usually is not tolled (i.e., put on hold) by a failure to find evidence, nor is it usually opened again by the discovery of...
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1 Answer | Asked in Contracts and Arbitration / Mediation Law for California on
Q: Judge\ORDERING MEMORANDUM submitted by Petitioner TO BE FILED AND PROCESSED

WHAT DOES THAT MEAN

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2022

A California attorney could answer best, but your question remains open for four weeks. It isn't fully clear what this involves - it is posted under Arbitration/Mediation but mentions a judge and filing & processing. If this is a court hearing, it could be any number of things - a... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: BEFORE sending out the subpoenas for arbitration w/ County dept, the attorney emails over the witness LIST? Correct?

BEFORE sending out the subpoenas for an arbitration hearing w/ a County department, the attorney emails over the witness list? Correct? So, it would be regular protocol for the attorney to send the department the witness list before they get the subpoenas? Confirming this is true... (I am NOT... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 15, 2022

There is nothing unlawful, unethical or even out of the ordinary to exchange witness lists before actually subpoenaing the witnesses. Good luck to you.

2 Answers | Asked in Arbitration / Mediation Law and Real Estate Law for California on
Q: Once the cancelation documents are signed, how much time does the Real Estate Agent have to file for arbitration?

I used the inspection contingency to cancel the purchase of a home, and the buyer decided not to sign my cancelation and create their own to go into arbitration. The buyer's Agent has not responding to my Agent telephone calls and emails since I signed their cancelation on January 12, 2022.... Read more »

David H. Relkin
David H. Relkin
answered on Jan 20, 2022

I think you mean that the seller refused to sign and accept your cancellation of the contract.

Arbitration is exclusively a creature of contract. Unless there is a signed agreement in which you agree to arbitrate any dispute, you would not be required to arbitrate. Similarly, the time in...
Read more »

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Q: How close is the initial settlement offer to the final from an insurance company? Like night or day?
Yelena Gurevich
Yelena Gurevich
answered on Jan 11, 2022

It depends... on the facts, the injuries, the adjuster, the insurance company, the status of your case, and even the attorney representing you. No random lawyer can answer a question like this without specific details. Consult with an attorney or several attorneys to get a better idea of the... Read more »

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