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California Arbitration / Mediation Law Questions & Answers
Q: What actions can I take to recover deposit from Reborn Bath Solutions given their bankruptcy?

I contracted Reborn Bath Solutions and Reborn Cabinets for a one-day remodel of two bathrooms, with an upfront deposit as part of a $23,058.75 contract. The engagement was through a TV ad, and many of us mistakenly believed we were dealing with a Jacuzzi remodel company. Unfortunately, no work has... View More

John H. Bauer
John H. Bauer
answered on Nov 11, 2025

There are two things I think are possiblities, based upon your broad attempts to date. First, I assume the entity's bankruptcy was a Chapter 11. As such, you are entitled as a creditor to file a formal Claim in the case for the amount you expended. Next, file a complaint with your local... View More

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2 Answers | Asked in Child Custody, Arbitration / Mediation Law and Family Law for California on
Q: Do I need to attend a California custody hearing regarding my grandchild?

I am a grandmother who has been caring for my grandchild in Oregon for the past three months. His parents have a 50-50 custody agreement established through California court mediation. Recently, the child's father filed a "Declaration Regarding Notice and Service of Request for Temporary... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 16, 2025

Since this is an ex parte, it's unlikely there will be a hearing. You can however, submit a declaration. While you don't really have standing, I see no problem with you putting your two-cents into the situation. The court can choose to read your declaration and consider it, or not.... View More

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Q: How can I address concerns about my settlement release clauses and attorney actions in CA?

I'm currently dealing with a situation where I don't agree with some clauses in a settlement release, specifically the 1542 clause. My attorney sent a notice of settlement to the court, but I want to revise the agreement to remove a defendant who denied any liability and refused to... View More

William John Light
William John Light
answered on Oct 4, 2025

Your attorney might have valid reasons not to pursue the non-paying party. That party might be an employee of a paying party. That party might not have insurance, or be able to pay a settlement. That party might have a minor slice of the percentage of fault such that pursuit of that claim, by... View More

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3 Answers | Asked in Insurance Bad Faith, Arbitration / Mediation Law and Personal Injury for California on
Q: Bad faith handling of UIM coverage with delays after policy limits tender. Seeking advice for resolution.

I have been experiencing bad faith handling with my Uninsured Motorist (UIM) coverage. My insurance company continuously tried to get me to waive my UIM Bodily Injury (UIMBI) coverage, creating issues between me and the at-fault adjusters. They have delayed the settlement of my UIMBI coverage even... View More

John Rajaee
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answered on Oct 17, 2025

I can understand why you’re frustrated; it sounds like you’ve been patient and diligent, yet your insurance company continues to delay your UIM claim without good reason. In California, insurers owe their policyholders a duty of good faith and fair dealing, which means they must handle claims... View More

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2 Answers | Asked in Consumer Law, Arbitration / Mediation Law and Small Claims for California on
Q: Can I sue a California solar company for misrepresentation in small claims despite an arbitration clause?

I initially contracted a solar company in California, which stated that the cost of the solar system including financing would be about $60,000. However, I'm now paying around $89,000. I've tried reaching out online and over the phone, but was given unclear responses and could not have... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 30, 2025

AGRRRRH- Solar Installations! Very frustrating to work with. Small Claims Jurisdiction is $12,500.00. Your facts indicate much more is at issue. You could sue in Small Claims but it would mean that was the only case you could bring. You would have to waive any claim over SC jurisdiction. In theory,... View More

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2 Answers | Asked in Civil Litigation, Arbitration / Mediation Law and Consumer Law for California on
Q: Can I file a Case Management Report for an expert assignment in Unlimited Civil Case?

I am involved in an Unlimited Civil Case where there is a Motion to Set Aside/Vacate Judgment and a Renewal Motion to Vacate an Arbitration Award pending. No Case Management Conference is scheduled, but there is a hearing set for October. I am hoping to file a Case Management Report as a way to... View More

Steve A. Buchwalter
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answered on Jul 24, 2025

James is right in that this appears to be a complex issue. However, based on the limited information in your question, I assume you had an arbitration and prevailed. it also appears that the court confirmed your arbitration award and issued a judgment. Now, the other side wants the court to... View More

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3 Answers | Asked in Personal Injury, Arbitration / Mediation Law and Gov & Administrative Law for California on
Q: Can AZ attorney assert CCP 999 in CA personal injury case?

I am involved in a personal injury claim in California, but the attorney representing the plaintiff is only licensed in Arizona. They are asserting the use of California Civil Code of Procedure 999 (CCP 999) for pre-mediation. No complaint has been filed yet in either state. Can an Arizona-licensed... View More

William John Light
William John Light
answered on Jun 18, 2025

There might be an issue with the attorney's lack of a CA license to practice law in CA, making him ineligible to practice law in CA, and, whether the pre-lawsuit negotiations are the practice of law. If the attorney has associated another lawyer who is licensed in CA, or has an attorney in... View More

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3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Can employer enforce signing an arbitration agreement after hiring?

My employer is requiring all existing employees to sign an arbitration agreement by August 1st, although it was never part of the hiring process. No information has been provided about the consequences of refusing to sign. I am also a union member. Can they enforce this requirement?

Brad S Kane
Brad S Kane
answered on Jun 3, 2025

In California, an employer can legally terminate you for refusing to sign an arbitration agreement as a condition of continued employment. However, certain types of claims are not subject to arbitration as a matter of law, such Private Attorney General Act ("PAGA") claims.

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3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Can employer enforce signing an arbitration agreement after hiring?

My employer is requiring all existing employees to sign an arbitration agreement by August 1st, although it was never part of the hiring process. No information has been provided about the consequences of refusing to sign. I am also a union member. Can they enforce this requirement?

Michael R Trust
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answered on Jun 3, 2025

Hello. Yes, your employer can require it at any time, unless your union contract prohibits it. What does your union say? If your employer requires it, and your union doesn't prohibit it, it's a condition of employment and not signing could result in termination. Good luck.

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2 Answers | Asked in Consumer Law, Civil Litigation and Arbitration / Mediation Law for California on
Q: Etsy shop suspended over unlisted policy violation. How to appeal?

I have operated my Etsy shop since 2010, and it was recently suspended due to a handmade piece of jewelry containing Jade from Zinjiang, China. Etsy claimed this conflicted with their policies on sanctioned items. However, their policies do not mention Zinjiang as a prohibited source. Initially,... View More

Steve A. Buchwalter
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answered on May 8, 2025

I think the better question is why would you continue to appeal instead of just taking them up on their offer to reinstate for a promise of not breaking the law in the future. Your best case scenario is that, after a lot of time and effort, you win your appeal and your shop gets reinstated.... View More

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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Employment Law for California on
Q: Settlement timeline after signing MOU in class-action lawsuit

I recently signed a Memorandum of Understanding (MOU) related to a settlement from a mediation hearing that all parties agreed upon in a class-action lawsuit concerning unlawful termination. I signed the MOU on April 23rd, and it includes multiple stipulations, including an individual payout to be... View More

Neil Pedersen
Neil Pedersen
answered on Apr 24, 2025

The answer to this question must come from your attorney. Only your attorney knows the specific agreement and the process. Class action settlement is a very slow process and rarely does a court quickly act to approve settlement terms. It would be wise to not expect the money any time soon. Good... View More

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Q: Car accident settlement discrepancy and clarity needed in CA

I was involved in a car accident in California where I was not at fault. During mediation, the final offer was $100,000, but my attorney advised waiting. Two weeks later, I received a release for $85,000 without prior notice. I requested to see the other party's proposal offer, the total... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 21, 2025

There are several red flags that indicate cause for concern, and others do not.

The portion coming from your own insurance company would not be included in the release.

It is unclear why the settlement is no longer $100,000.

Liens can be negotiated, in some situations,...
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2 Answers | Asked in Probate, Civil Litigation and Arbitration / Mediation Law for California on
Q: Dispute over disposition of estate jewelry item among beneficiaries in California.

I am coexecutor and sole beneficiary, along with my brother, of our mother's estate. We are unable to agree on the disposition of a specific jewelry item, which has been kept safe for over 13 years. My mother made a verbal request for this item to stay in the family, though it wasn't... View More

Robert L. Teel
Robert L. Teel
answered on Apr 14, 2025

If you want to settle a dispute outside of court, mediation is a great alternative. Free mediation services, both community and court-connected, are offered to some residents and businesses of certain counties (e.g., Los Angeles County). In mediation, a neutral third party helps you resolve your... View More

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3 Answers | Asked in Arbitration / Mediation Law and Medical Malpractice for California on
Q: How to proceed with settlement negotiation in medical malpractice arbitration?

I am representing myself in arbitration for a medical malpractice case and recently received a report from a medical expert that supports my claim of negligence. Initially, there has been no communication or settlement offers from the opposing party. I have set a monetary figure for the settlement... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 14, 2025

Before the conference, you can attempt settlement, but you must be careful not to start too high or end up too low before the conference.

Also, you must have all your legal and factual allegations together. For example, punitive damages are very rare and you should make certain there is a...
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2 Answers | Asked in Child Custody, Child Support and Arbitration / Mediation Law for California on
Q: Is mediation mandatory for my child support and custody case with no current court dates?

I am involved in a child support and custody case. The other party has not followed prior court orders and has failed to serve me. There are currently no court dates scheduled, and I would like to know if mediation is mandatory in this situation, or if I can move directly to seeking legal... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 10, 2025

mandatory mediation is scheduled once a party files a Request for Order for custody/visitation. If no such motion has been filed, no hearings are pending, and you have not been sent an order from the court regarding mediation, then you are not required to go to mediation or set one up.

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2 Answers | Asked in Employment Discrimination, Arbitration / Mediation Law and Employment Law for California on
Q: Denied promotion due to potential favoritism and discrimination; exploring options under arbitration agreement.

I have been working as a supervisor at a health corporate for 9 years. Despite consistently receiving high appraisals (3/3 every year) and effectively managing work with our 50 hospitals, I am being denied promotion. My peers have been promoted to Manager positions, but I have not received a... View More

Brad S Kane
Brad S Kane
answered on Feb 28, 2025

Your next steps should be to prepare a chronology of events supported by documentary evidence.

Next, you should review it with a lawyer to confirm you have enough evidence to establish a good faith claim, then you prepare a complaint to HR about the discrimination - hopefully reviewed by a...
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4 Answers | Asked in Child Custody, Family Law and Arbitration / Mediation Law for California on
Q: Seeking pro bono lawyer for CA child custody case

I am seeking a pro bono family law lawyer to assist me with a child custody case. The father currently has full custody of our children, while I have reasonable visitation rights. However, he has kept the kids from me for almost a year and is now attempting to retain full custody and move out of... View More

Robert Kane
Robert Kane
answered on Feb 21, 2025

You are not alone. Millions of Californians seek free legal representation. Many in worse situations than yours. There are agencies like Legal Aid, but their funding simply cannot provide legal representation for everyone in need. Attorneys do strive to provide pro bono services more than most... View More

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2 Answers | Asked in Arbitration / Mediation Law, Legal Malpractice and Insurance Bad Faith for California on
Q: Can my former lawyer share court details with an insurance agent?

I recently let my lawyer go because I felt she wasn't representing me properly; however, she is still representing my sister. After this, I attended court with my sister, and I found out that my former lawyer had contacted the insurance agent about what was said in court. I feel this may have... View More

William John Light
William John Light
answered on Feb 14, 2025

What was said in court was a public record. A "feeling" that communication with an agent/adjuster may have adversely affected your settlement is not nearly enough. You need evidence that you were harmed. What was said in court may have affected your settlement, but the attorney... View More

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7 Answers | Asked in Arbitration / Mediation Law, Personal Injury and Wrongful Death for California on
Q: Do I need a lawyer for mediation in a hit and run case in California?

I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

Scott D. Cohen
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Scott D. Cohen
answered on Feb 13, 2025

While not required, it's strongly advisable to hire a lawyer in this situation. I am happy to discuss this matter with you further, in private, if you wish to contact me on the phone. It's probably best not to discuss your case further in a public forum while the case is pending... View More

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7 Answers | Asked in Arbitration / Mediation Law, Personal Injury and Wrongful Death for California on
Q: Do I need a lawyer for mediation in a hit and run case in California?

I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Feb 14, 2025

You don't have to but you really should. Most personal injury attorneys will take your case on a contingency basis, meaning you don't pay them anything and they only get paid if they win. The insurance companies don't want you to get an attorney because they do much better going... View More

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