California Arbitration / Mediation Law Questions & Answers
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.
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 »
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 ?
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
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 »
Probably not--unless you specifically preserved those issues on the record at the arbitration. And even then it may not be possible in California.
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 still... Read more »
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
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 »
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... Read more »
Q: Is it possible to have my case be transfered from one court house to another court house in the same county
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... Read more »
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
own as owners. Not that his daughter from his 2nd marriage has been taken in payments from renting the house out. She sent a letter to my current address stating that my siblings agreed to give the house which was a false fact since we had no contact with her. What type of lawyer do I contact?
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?
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... Read more »
Q: What's the law now in California about an employer forcing you into arbitration?
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... Read more »
Q: Is there a time limit on mediations in California, or can they go on forever if the parties disagree on everything?
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?
Uber has a deal with Airport security that all violation tickets go to Uber and Uber pays them and bills the drivers four months later. They do not even give us a written ticket.They just write our plate number and violation and send the ticket without our knowledge. If Uber pays the ticket is that... Read more »
First thing you do is read your contract
Q: Two Liberals In A Squad Car Arrest 11370 1 a Counsel ? Lakewood Ca Mich Wane 562 450 3969
more info needed.
what is the question?
how much involved? past record?
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...
A month and nothing has been done about windows that won’t close let alone lock. The property management company has not lived up to its contractual obligations and I’m wondering how serious this is and what I can ask for in return to be made whole?
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... Read more »
Q: I recently settled in a mediation before going to arbitration , when should I expect a payment? I'm in California
This was through SEIU local 250 union, in the agreement they put no information on when I will receive my settlement money. Are there any laws on statue of limitations?
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?
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
neighbors over the last 2 years is unbearable. Decided to sell and was getting it ready. What I thought was harassment before, was child's play. The property damage, emotional torture and a recent testicular cancer diagnosis, are too much for me. I've gone to the police, FBI and everyone I could... Read more »
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... Read more »
Q: Can an HOA force a change in mailbox/post?
My HOA is forcing homeowners to remove their good mailbox/post and replace it with one chosen by the BOD which is to be paid for by the homeowner. Threaten fines/legal fees/liens. I am already at $1700 which I cannot afford.
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... Read more »
Q: If I am the writer of a contract, do I get to choose who does the mediation in the event of a dispute?
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... Read more »
Q: Is there any way to appeal a decision by an arbitrator?
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 ?
Being sued by collecter can I dispute credit reports and will that stop the collector allowing me to get case dismissed since they cannot continue and there’s time limits
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.
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