California Arbitration / Mediation Law Questions & Answers
Q: I filed for a default judgement and was denied now it says demurrer motion to strike (twice) on minutes
1 Answer
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Arbitration / Mediation Law, Civil Litigation and Insurance Bad Faith
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California
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Answered on Mar 23, 2019
Answered on Mar 23, 2019
William John Light's answer
If the Default was entered, the Defendants couldn't file a Demurrer/Motion to Strike. I doubt that the Default was entered. You will probably need to Oppose the Demurrer/Motion to Strike.
If the Default was entered, the Defendants couldn't file a Demurrer/Motion to Strike. I doubt that the Default was entered. You will probably need to Oppose the Demurrer/Motion to Strike.
Q: Ownership dispute with previous roommate
Thomas A. Grossman's answer
Most people become very attached to their pets. Since you paid the fees and "adopted" the dog, you should have some rights to at least visit the dog. It would be easier to work out a solution if both of you could come up with a plan for sharing the dog. If she absolutely refuses to let you see the dog, you could take the matter to small claims court. If you do, be sure to bring all the papers with you. Good Luck.
Most people become very attached to their pets. Since you paid the fees and "adopted" the dog, you should have some rights to at least visit the dog. It would be easier to work out a solution if both of you could come up with a plan for sharing the dog. If she absolutely refuses to let you see the dog, you could take the matter to small claims court. If you do, be sure to bring all the papers with you. Good Luck.
Q: Is it possible to have my case be transfered from one court house to another court house in the same county
1 Answer
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in
Family Law, Arbitration / Mediation Law and Child Custody
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California
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Answered on Jan 2, 2019
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
A change of venue is requested via a Motion, and you would have to show good cause for that request. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...
A change of venue is requested via a Motion, and you would have to show good cause for that request. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...
Q: My father passed a few years back and left no will behind. What kind of lawyer do I speak to about putting my siblings
1 Answer
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in
Estate Planning, Family Law, Real Estate Law and Arbitration / Mediation Law
for
California
on
Answered on Nov 29, 2018
Answered on Nov 29, 2018
Genene N. Dunn's answer
You need a probate or trust administration attorney. If there was no will, then the law says who will get the house and it will have to go through the probate court process to be transferred. It depends on how he held title to the property as well and if someone else was on title with him.
You need a probate or trust administration attorney. If there was no will, then the law says who will get the house and it will have to go through the probate court process to be transferred. It depends on how he held title to the property as well and if someone else was on title with him.
Q: If the person doesn't pay the amount decided in arbitration, do we go back to arbitration, or sue in court?
Thomas A. Grossman's answer
I would first threaten to file a lawsuit. If that doesn't work, you can sue them for the money. If the sum is $10,000 or less you can sue them in small claims court. If the sum owed is less that 25,000 you can sue them in Superior Court as a Limited Action. If more than $25,000, you must sue in Superior Court as a regular lawsuit. You can get a lot of information by going to the Court website near where you live and checking it out. Good Luck.
I would first threaten to file a lawsuit. If that doesn't work, you can sue them for the money. If the sum is $10,000 or less you can sue them in small claims court. If the sum owed is less that 25,000 you can sue them in Superior Court as a Limited Action. If more than $25,000, you must sue in Superior Court as a regular lawsuit. You can get a lot of information by going to the Court website near where you live and checking it out. Good Luck.
Q: What's the law now in California about an employer forcing you into arbitration?
N. Munro Merrick's answer
You need to explain what you mean by "forcing". If you signed a contract with that provision as a condition of being hired, you are probably bound to abide by your contract. Before fighting the provision, I suggest you think about it. Might be a good idea to consult an attorney on the pros and cons. Arbitration is usually quicker and cheaper that a court case.
You need to explain what you mean by "forcing". If you signed a contract with that provision as a condition of being hired, you are probably bound to abide by your contract. Before fighting the provision, I suggest you think about it. Might be a good idea to consult an attorney on the pros and cons. Arbitration is usually quicker and cheaper that a court case.
Q: Is there a time limit on mediations in California, or can they go on forever if the parties disagree on everything?
N. Munro Merrick's answer
If this is a private mediation, outside the court system, the mediator should declare the mediation unsuccessful and give you a report to that effect. If there is a contract, it should specify the next step, usually arbitration. If no contract, you could file a suit in court.
If this is a private mediation, outside the court system, the mediator should declare the mediation unsuccessful and give you a report to that effect. If there is a contract, it should specify the next step, usually arbitration. If no contract, you could file a suit in court.
Q: Is Uber allowed to pay my airport citations and then charge me four months later with no right to contest?
1 Answer
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in
Contracts, Traffic Tickets, Arbitration / Mediation Law and Civil Rights
for
California
on
Answered on Sep 16, 2018
Answered on Sep 16, 2018
Q: Two Liberals In A Squad Car Arrest 11370 1 a Counsel ? Lakewood Ca Mich Wane 562 450 3969
2 Answers
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Criminal Law, Arbitration / Mediation Law, Civil Rights and Federal Crimes
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California
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Answered on Sep 6, 2018
Answered on Sep 6, 2018
Q: I have moved into an apartment that on the day I moved in was not up to California building code. It has been over a...
1 Answer
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in
Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant
for
California
on
Answered on Aug 28, 2018
Answered on Aug 28, 2018
N. Munro Merrick's answer
Your premises are not habitable! However, did you inspect before you paid? If not, you can certainly notify the landlord to fix it or you are gone. What can you ask for? Habitable premises. You cannot ask for free rent if that is what you are thinking. If you stay you are accepting the condition as is. Perhaps you could bargain for a lower rent -- or you might offer to fix the windows -- or both!
Your premises are not habitable! However, did you inspect before you paid? If not, you can certainly notify the landlord to fix it or you are gone. What can you ask for? Habitable premises. You cannot ask for free rent if that is what you are thinking. If you stay you are accepting the condition as is. Perhaps you could bargain for a lower rent -- or you might offer to fix the windows -- or both!
Q: I recently settled in a mediation before going to arbitration , when should I expect a payment? I'm in California
1 Answer
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in
Employment Law and Arbitration / Mediation Law
for
California
on
Answered on Aug 28, 2018
Answered on Aug 28, 2018
N. Munro Merrick's answer
You mention, "Settlement money." So you reached a settlement in mediation? If you did, there would be no arbitration. A general rule about such things is, within a reasonable time. And barring any other factors, 30 days is par for "reasonable." If you do not, ask the mediator.
You mention, "Settlement money." So you reached a settlement in mediation? If you did, there would be no arbitration. A general rule about such things is, within a reasonable time. And barring any other factors, 30 days is par for "reasonable." If you do not, ask the mediator.
Q: What happens if I have evidence that our divorce mediator was not a neutral third party?
Thomas A. Grossman's answer
Unless the Mediation ended in a settlement, you can walk away from the mediation, and seek another Mediator or Mediation.
Unless the Mediation ended in a settlement, you can walk away from the mediation, and seek another Mediator or Mediation.
Q: Hi, I've live in and owned my mobile home for the last 12 years. It is located in California. The harassment from my
1 Answer
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in
Criminal Law, Arbitration / Mediation Law and Civil Rights
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California
on
Answered on Jul 31, 2018
Answered on Jul 31, 2018
Dale S. Gribow's answer
need more info
this is not my area of law........however if you have not had satisfaction from anyone else and the facts warrant a lawsuit, you can always go into small claims court and sue for up to $10k......and no attorneys for either side. Maybe demand $10k and when they do not pay sue in small claims.
of course, you have the burden of proof of proving damages.
i would send a letter memorializing the facts first
need more info
this is not my area of law........however if you have not had satisfaction from anyone else and the facts warrant a lawsuit, you can always go into small claims court and sue for up to $10k......and no attorneys for either side. Maybe demand $10k and when they do not pay sue in small claims.
of course, you have the burden of proof of proving damages.
i would send a letter memorializing the facts first
Q: Can an HOA force a change in mailbox/post?
2 Answers
| Asked
in
Real Estate Law and Arbitration / Mediation Law
for
California
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
N. Munro Merrick's answer
There are many unanswered questions: Do the CC&Rs say anything about mailboxes? Is it in common area, or is it on your property? What are the homeowner's responsibilities regarding common area, or, specifically, where the mailbox is located? How much are you being billed? Is it a lump sum or just added to your dues bill? Who paid for the mailbox that is there now? Has the Board provided reasons for the substitution?
You can protest the billing in a letter and also at a board...
There are many unanswered questions: Do the CC&Rs say anything about mailboxes? Is it in common area, or is it on your property? What are the homeowner's responsibilities regarding common area, or, specifically, where the mailbox is located? How much are you being billed? Is it a lump sum or just added to your dues bill? Who paid for the mailbox that is there now? Has the Board provided reasons for the substitution?
You can protest the billing in a letter and also at a board...
Q: If I am the writer of a contract, do I get to choose who does the mediation in the event of a dispute?
Thomas A. Grossman's answer
Probably not. If there is a mediation scheduled, both sides must agree to the Mediator, because the Mediator is supposed to be neutral. And, it doesn't matter who wrote the contract, as that will be an issue for the Mediator to interpret. However, you may have to deal with certain legal principles as the writer of the contract. For example, if any provisions in the contract are ambiguous or improper, they will usually be construed against you. That is because it is presumed that the...
Probably not. If there is a mediation scheduled, both sides must agree to the Mediator, because the Mediator is supposed to be neutral. And, it doesn't matter who wrote the contract, as that will be an issue for the Mediator to interpret. However, you may have to deal with certain legal principles as the writer of the contract. For example, if any provisions in the contract are ambiguous or improper, they will usually be construed against you. That is because it is presumed that the...
Q: Is there any way to appeal a decision by an arbitrator?
Steve A. Buchwalter's answer
If certain narrow conditions are met, an arbitration award can be vacated or corrected by a court. If a court refuses to vacate or correct the award, the court's decision can be appealed. Act fast, you generally have around 3 months to file and serve the correct papers.
If certain narrow conditions are met, an arbitration award can be vacated or corrected by a court. If a court refuses to vacate or correct the award, the court's decision can be appealed. Act fast, you generally have around 3 months to file and serve the correct papers.
Q: Can a credit dispute halt an ongoing suit in court ?
2 Answers
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in
Arbitration / Mediation Law, Consumer Law, Small Claims and Admiralty / Maritime
for
California
on
Answered on May 21, 2018
Answered on May 21, 2018
William John Light's answer
This mostly unintelligible. You can dispute a debt in a collection matter, if that is what you are asking. Don't see how a credit report pertains to that.
This mostly unintelligible. You can dispute a debt in a collection matter, if that is what you are asking. Don't see how a credit report pertains to that.
Q: Can my brother get 100% of real estate that he owned 50% and dad, that died, owned 50% because I'm adopted?
2 Answers
| Asked
in
Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate
for
California
on
Answered on May 14, 2018
Answered on May 14, 2018
Bruce Adrian Last's answer
Dear San Francisco:
I would contact a lawyer right away about this matter. But here is some information to get you started. I am also assuming that Mom above is your birth mother.
You have a much-juristictional problem here. The proper jurisdiction for Probate law, which governs testate (wills), instate (no will or trust) and trust administration of a deceased person's property depends on a couple of facts.
1. Normally the state of the Decedent's residence is the proper...
Dear San Francisco:
I would contact a lawyer right away about this matter. But here is some information to get you started. I am also assuming that Mom above is your birth mother.
You have a much-juristictional problem here. The proper jurisdiction for Probate law, which governs testate (wills), instate (no will or trust) and trust administration of a deceased person's property depends on a couple of facts.
1. Normally the state of the Decedent's residence is the proper...
Q: Hello, I have a two year old son, who recently his mother decided to take him to the UK to start a new life.
1 Answer
| Asked
in
Family Law, Immigration Law, Adoption and Arbitration / Mediation Law
for
California
on
Answered on May 5, 2018
Answered on May 5, 2018
Carl Shusterman's answer
I would like to help you, but your question does not involve immigration law.
I would like to help you, but your question does not involve immigration law.
Q: We have a dispute with two partners over a Tenancy-In-Common agreement related to a condo unit we own jointly.
N. Munro Merrick's answer
Some agreements require mediation first. In mediation each part pays his own expenses. In Arbitration, unless the contract specifies otherwise, the same applies. Costs? Better consult a Concord arbitrator. Google the requirement for a Concord area arbitrator, and also check the local bar association, usually XXXX County Bar Association for referrals.
Some agreements require mediation first. In mediation each part pays his own expenses. In Arbitration, unless the contract specifies otherwise, the same applies. Costs? Better consult a Concord arbitrator. Google the requirement for a Concord area arbitrator, and also check the local bar association, usually XXXX County Bar Association for referrals.
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