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California Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Divorce for California on
Q: What are my options for getting my divorce completed?

My ex filed the divorce petition in 2016. I didn't file a response because we were in agreement on most things. (One child, no property to split). The case went into default status and he has failed to continue the process (hasn't filed the remaining paperwork to finish and get judgment).... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 18, 2021

You can file a motion to set aside the default. If granted, you would then file your response to the petition and move your case forward as usual. The other option is to enter into a settlement agreement with the other party and file that as a stipulated judgment.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Which institutional arbitration forum is most preferred in California State?? Can you name a few?
Yelena Gurevich
Yelena Gurevich answered on Jan 11, 2021

JAMS and AAA are the top names.

2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I have been ordered to remove my boat from the marina. Sheriff's office has my keys, will not release them..options??
Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 28, 2020

probably depends on the wording in the order, who made it and why they have your keys. Simplifying, if it were me and based only on what you are saying so far, I'd assume the order was legal and I'd use my other set of keys...

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1 Answer | Asked in Civil Litigation, Contracts and Arbitration / Mediation Law for California on
Q: What can I do in this situation. Keep in mind the company admitted fault. Regional office has made vp and ceo aware also

I CANT BELIEVE WHAT SMART STOP STORAGE DID!!! My fiancé went to our storage to change out the locks because in September they contacted us and said that we needed to put another lock on. He gets there to find out that we have an issue with our storage. It appears at the end of September. There’s... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2020

You need an itemized list of what was taken so you can put a value on this. Sorry to hear you lost your memorabilia, but it is gone now, and the only thing you would be entitled to is money in return, not quite the same. If you are not satisfied with what they are offering to you, you don't... Read more »

Q: Yacht was Impounded dead battery /illegally moored? With a Court date of 4/29/20 I offered $4000 4/1/20 ignored?

I called LBPD an Officer emailed Impound with copies of my clear title and payment check. He advised Impound please respond to her many calls? Return her property this check is good! Ignored! Bought boat back 5/11/ she was gutted! Destroyed! $37,000 damage storage up to $14000 plus hotel stays They... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 10, 2020

You should contact a civil rights lawyer right away. You can go to the Los Angeles County Bar Association's website (lacba.com) and look for their Lawyers Referral Service (LRS). They should be able to assist you.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Is the fee reasonable? I paid a lawyer who states he charges $299 an hour, $7500 for representation on my first call.

Without doing my due diligence first, the lawyer called and found the case to be closed four years prior. He refunded me $2500 and I started arbitration. He then later offered a refund of $2500 and is desperately trying to justify 7-8 hours of work he has done to find out that my case was closed.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 16, 2020

The answer that you don't want to hear is that it would be necessary to review all of the case documents to give you a proper answer. Maybe you can retain an attorney to do that for a negotiated flat fee up front, like 2 hours work. You certainly don't want to get into the same hole... Read more »

1 Answer | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: How to waive my non compete included in the CNDA?

I am an engineer living in California and working remotely for a company in Texas. I got laid off and I wonder if my non-compete clause included in the signed CNDA can be enforced. The non-compete is for 1 year and the CNDA mentions the State of Texas as the governing law.

I have asked for... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 8, 2020

It would be unwise for an attorney to opine about a contract without being able to see the entire contract and understanding the circumstances regarding its making. However a few general things can be said preliminary to that.

First, generally non-compete provisions are unenforceable in...
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1 Answer | Asked in Arbitration / Mediation Law and Small Claims for California on
Q: Who has the rights over items legally in a break up?

To whom it may concern. I have a general question with regards to personal property as a resolve in a relationship break up. There are certain items that the other party is unwilling to return that hold either monetary or personal value to me, which include, but are not limited to, jewelry and a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 16, 2020

This is actually a Consumer Law question, and a very important question it is. The question is: "When you are living together in a relationship (not marriage) what are each person's property rights?" The rules in Family Law provide some insights but don't cover everything.... Read more »

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: If someone serves me with civil suit and it’s been settled in mediation can they come back and criminally sue?

Can a unlimited civil suit be settled in mediation with prejudice? Also would I need a lawyer for mediation or will the mediator help to resolve it on both sides?

Tim Akpinar
Tim Akpinar answered on May 3, 2020

A California attorney could advise best, but your post remains open for two weeks. As a general matter, if your case was settled, the other side would not usually have grounds to sue. Check to see if there is a signed release in the file. I'm not clear on what you mean by criminally sue; suing... Read more »

1 Answer | Asked in Divorce, Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for California on
Q: Can an attorney without the approval of all parties change the terms of a signed mediated marital settlement agreement

After the mediated marital settlement agreement (MSA) was signed by all parties (enforceable pursuant to CCP 664.6) Without the approval of all parties Respondent's lawyer changed the terms of the original signed MSA, then presented the modified MSA as the original. In court Respondent counsel... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 30, 2020

Probably, but it depends on the circumstances. Were there two attorneys? Was there any communication between them as to the change, either by phone or in writing? It looks like the problem got resolved by the court throwing both out and placing the parties in a pre-agreement situation. Best... Read more »

Q: Do i have to pay $180 charge for a toilet snake my Apt's Maintenance charged me for a toilet paper tube accidently flush

Toilet seat sits 1ft from the dispenser - toilet paper tube accidently fell into toilet when pulling off empty roll and subsequently got flushed. Caused slow flush to happen but not a full clog.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 26, 2020

If I were you, I would go ahead and pay it with a thank you note to the management. The last time I had a snake job done in my house cost me $1,200.00 and until today, have problems with the pipes. Best of luck!

Q: Can a federal law enforcement officer swear to the personal knowledge and observations of another lawenforcement officer

Meaning would this be in violation of the federal rules of evidence rule 803 (8)(c)? Note that I'm speaking of a written affidavit as the basis for probable cause to file a complaint in a district court for purposes of a later INDICTMENT. Is this legal?

Tim Akpinar
Tim Akpinar answered on Feb 21, 2020

If this did not involve a marine incident resulting in vessel boarding by U.S. Coast Guard and Department of Justice personnel following a grounding, cargo spill, fuel oil spill, allision, injury, or other marine casualty requiring completion of a form CG-2692 for incident reporting or drug testing... Read more »

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: My homeowners association sued me and my wife and there was a trial. Now we want to counter sue them for their actions

In California can I sue my association for selective enforcement among other violations?

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 26, 2019

What happened to their lawsuit?

Did you win or lose?

2 Answers | Asked in Arbitration / Mediation Law and Consumer Law for California on
Q: Who pays for arbritation filed by myself as a consumer regarding a dispute. I did submit a fee waiver.

Will i be going up against corporate lawyers? I dont have a lawyer. But after several attemps to resolve the issue. I finally resorted to arbritation.

Scott Richard Kaufman
Scott Richard Kaufman answered on Oct 16, 2019

Contact the arbitration provider and read their rules.

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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law and Elder Law for California on
Q: We have evidence of elder financial abuse, self dealing, and perjury. What can we do?

This person, manipulated her father along with her husband, became POA, Caregiver and Trust executor. Self dealing, controlled all assists, withheld family from seeing their father.

Steve A. Buchwalter
Steve A. Buchwalter answered on Sep 15, 2019

I think you're in California. I would think you'd want to contact the Department of Adult Protective Services. There should be at least one office in each county. Then you should talk to a lawyer.

Q: Awarded full year of back pay from my job over a year & a half ago and still get no answers or explanation.

if there anything I can do to make them honor my Arbitration award for my back pay? They've done others since I've started my process also, but mines for some reason is in limbo.

Neil Pedersen
Neil Pedersen answered on Aug 23, 2019

An arbitration award does not, by itself, mean you get paid if the employer does not voluntarily pay it. You have to take that award and enter it as a judgment in the Superior Court, and then start efforts to collect that judgment. This takes time and money. It would be wise for you to locate an... Read more »

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1 Answer | Asked in Arbitration / Mediation Law, Criminal Law and Real Estate Law for California on
Q: unfair mediation result. I was suing for quiet title ,my broker comitted title fraud.

Judge at a pretrial mediation said I would lose in court. I felt under duress to sign a mediation agreement and was pressuered by my lawyer as well. My settlement after deductions was only 110,000$ my house was woth 3.4 million.can I counter sue ?

Dale S. Gribow
Dale S. Gribow answered on May 29, 2019

MORE INFO NEEDED.

IF YOU HAD A BINDING MEDIATION THEN THAT IS THE SAME AS A COURT RULING.

YOU PROBABLY SHOULD PAY FOR A CONSULTATION TO ANOTHER LAWYER TO DETERMINE YOUR OPTIONS

2 Answers | Asked in Arbitration / Mediation Law and Contracts for California on
Q: May a person sue a contractor in California court after his case goes through binding arbitration?

The California Contractor State Licensing Board (CSLB) arranged for the arbitration. My understanding is that the CSLB arbitration only covers violations of the California Business and Professions Code, such as poor workmanship, abandoning the project, and damage to property. If the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 25, 2019

Probably not--unless you specifically preserved those issues on the record at the arbitration. And even then it may not be possible in California.

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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Insurance Bad Faith for California on
Q: I filed for a default judgement and was denied now it says demurrer motion to strike (twice) on minutes

I filed for default judgement the judgement was denied but the default was entered now on the minutes it says demurrer motion to strike is that from the defendents since it's on there twice what do I do still turn the new judgement or now fight the demurrer motion to strike how could they... Read more »

William John Light
William John Light answered on Mar 23, 2019

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.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Ownership dispute with previous roommate

I adopted a dog with a roommate, my name was on the adoption papers and I paid the fees up front. We have split everything since then, food toys ect. When she moved out, she took the dog with her without my permission. I have been in contact with her about setting up a schedule so we can both spend... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Jan 12, 2019

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... Read more »

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