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California Arbitration / Mediation Law Questions & Answers
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
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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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Q: I am a claimant in a probate case. I never received my money.

case is out of los angeles, stanley mosk.

I live in San Diego

Dale S. Gribow
Dale S. Gribow
answered on Dec 23, 2021

somehow your missive came up in criminal law section in Palm Springs

4 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Collections and Probate for California on
Q: I need a lawyer to help collect on a claim I filed at Stanley Mosk for 186k
Yelena Gurevich
Yelena Gurevich
answered on Dec 23, 2021

Use a find a lawyer feature and look for cole room attorneys.

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Can I respond to a summons with a E-203 - Stipulation and Order to Arbitration/Mediation form?

Recently being sued for on a civil case. I'm still within the 30 day period to respond. I would like to exercise the ADR option, which was included on my summons. Will filing the E-203 - Stipulation and Order to Arbitration/Mediation form suffice as a legal response?

Maurice Mandel II
Maurice Mandel II
answered on Sep 21, 2021

It took 20 minutes to hunt down the Sacramento County Local Court form E-203. No, this is not a response to a summons and complaint and if this is all you file, you will be defaulted and could have a default judgment entered against you. This is an ATTACHMENT to a stipulation for the Court to... Read more »

1 Answer | Asked in Personal Injury, Copyright and Arbitration / Mediation Law for California on
Q: His do I file a formal writ to the courts for personal possession?
Maurice Mandel II
Maurice Mandel II
answered on Sep 13, 2021

Some Judicial Council forms deal with the right to possession. They can be found on your Local Superior Court website under "Forms: State forms". They may give you some ideas, and they will cite some statutes regarding writs for possession. Consult a local attorney about recovering... Read more »

Q: I was fired on my birthday, during my third week of employment. Possible hostile work environment. Where do I start?

I was referred to as "Lawrence Olivier" by my boss. He was famous for blackface.

I am black.

Other jokes about green cards were made...I applied for a job as assistant manager. They made me a receptionist instead, saying if I proved myself I could become an assistant.... Read more »

Neil Pedersen
Neil Pedersen
answered on Jul 26, 2021

Absent an unlawful motive, it is not unlawful for an employer to act as you have noted. It would only be considered unlawful if you can prove that the motivation for the employer's conduct is race (or national origin if the green card comments were related thereto). Proof will be the issue.... Read more »

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Q: What does section one of the california constitution do? And does it have any legal binding

SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

(Sec. 1 added Nov. 5, 1974, by... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Jun 15, 2021

The California constitution is binding on all people in the state, and provides the rights which are explained in this section. Anyone who interferes with your rights as set forth in this section may be held liable for damages which they cause you to suffer as a result of interfering with your use... Read more »

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I need to know which form to use to file a response to a petition to vacate arbitration award (ADR-106).

A contractor did faulty work for me at a rental property in LA (2018). I took him to CSLB-sponsored mandatory binding arbitration and was awarded $8,124 (1/19/21). He filed an ADR-106 Petition to Vacate Award in February and has a court date of 6/24/21. He cited Cal Civil Code sections to... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Jun 7, 2021

a response is not a form. you have to write out a response on pleading paper using legal authority. you usually have to file a response within 10 days of their petition. so get this done asap. you can file a separate petition to confirm arbitration award and you probably need to do that at this... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California on
Q: My partners ex wife is abusive and not doing whats best for their children and attacking mine.. what can I do??

Unsanitary living situation

Child neglected and used as pawns

Threatening texts,phone calls and emails. History in van nuys court house

Maurice Mandel II
Maurice Mandel II
answered on Mar 19, 2021

You can certainly get a restraining order against her as to your children. Suggest you consult with a local family law attorney ASAP.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for California on
Q: What happens if a mediator sends your documents of your visitation custody agreements to a third party, someone’s email

Someone received the email and notified me that they got sent my private documents

Maurice Mandel II
Maurice Mandel II
answered on Mar 19, 2021

Possible violation of your right of privacy by the mediator. Court appointed mediator? You need to report this to the Court it is a big deal.

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