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California Arbitration / Mediation Law Questions & Answers
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.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Arbitration / Mediation Law and Medical Malpractice for California on
Q: Why do lawyers not take medical arbitration, unless there is complete paralysis or loss of limb.

Is there a amount that is minimum for lawyers to break even on a case.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Mar 19, 2021

The short answer is that the medical industry convinced the Legislature to pass laws stacking the deck in the industry's favor and against patients and their attorneys. Even without special laws, these types of cases require a great deal of time and financial investment. Virtually 100%... Read more »

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Can you increase the amount of damages requested after the initial filing in an arbitration

Initial filing was limited due to misunderstanding the limits in the arbitration.

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

Possibly. Insufficient information to determine. The sooner you ask to increase and notify the other side, the better.

Justia disclaimers below incorporated herein.

2 Answers | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for California on
Q: I was fired because i was pregnant, my lawyer wants me to settle for 100k. Should I?
Louis George Fazzi
Louis George Fazzi answered on Mar 14, 2021

That is a question you should discuss with your lawyer. You can ask him/her to give you a legal analysis in writing of all the reasons why this should be a good and reasonable offer, given the facts of your case. This is, of course, something you should have discussed with your attorney ahead of... Read more »

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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...
Read more »

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 »

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