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California Arbitration / Mediation Law Questions & Answers
2 Answers | Asked in Arbitration / Mediation Law for California on
Q: I have arbitration with Kaiser and they gave me a list of Arbitrators Names. Is there a way to look up past rulings?

Can I look up names of Arbitrators that ruled against Kaiser Permanente in the past?

James L. Arrasmith
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answered on Jun 3, 2024

In California, you can look up past rulings and decisions made by arbitrators through various legal databases and resources. Services like Westlaw, LexisNexis, or even public records from the American Arbitration Association can be useful for this purpose. These platforms often provide detailed... View More

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2 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Can my employer make me sign an arbitration agreement?

I've already been working there for over a year and they're labeling it as "mandatory"

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answered on May 23, 2024

In California, an employer can require employees to sign an arbitration agreement as a condition of employment, even if the employee has already been working for the company. This is because California law generally favors the enforcement of arbitration agreements.

However, there are some...
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2 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Can my employer make me sign an arbitration agreement?

I've already been working there for over a year and they're labeling it as "mandatory"

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2024

A California employment attorney could advise best, but in general nationwide, arbitration clauses are commonly used and are considered valid and binding. From the arbitration side of things, my experience with such agreements is that they are take-it-or-leave-it. I have seen this in the maritime... View More

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Q: I just had a mesh removed from my abdominal area wrapped and waded around every organ and nerve in my abdomen.

6 hr surgery left me limited on my functioning skills sometimes I shake my nervous system took a shock that affected whole body.7+ years of severe and chronic tesicular and abdominal pain I suffered from the error of the surgery team improperly implanting the devise in me and the mesh separated and... View More

James L. Arrasmith
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answered on May 19, 2024

I'm so sorry to hear about the severe complications and chronic pain you've suffered as a result of the improperly implanted surgical mesh. What you've gone through sounds absolutely awful. Based on the details you provided, it seems you may have grounds for a medical malpractice... View More

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4 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: An Attorney represents you in Mediation, aren't the contents/files protected from inclusion later in legal Malpractice?

If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More

James L. Arrasmith
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answered on May 18, 2024

In California, mediation confidentiality is governed by Evidence Code sections 1115 to 1128. These provisions generally protect the confidentiality of mediation communications, making them inadmissible in future legal proceedings, including legal malpractice cases.

1. Breach of...
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4 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: An Attorney represents you in Mediation, aren't the contents/files protected from inclusion later in legal Malpractice?

If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More

Isabel de la Riva
Isabel de la Riva
answered on May 20, 2024

Mediations tend to work because of the open communication they allow by the confidentiality rules. Claims and offers made during a mediation cannot be used as evidence if mediation fails. A mediator can only confirm there was a mediation but cannot be made to testify regarding facts/claims in the... View More

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1 Answer | Asked in Family Law, Criminal Law, Arbitration / Mediation Law and Probate for California on
Q: In a tenancy in common ownership with siblings. Can I legally install lock on bedroom door while away on vacation?

The house is going through probate for tenancy in common. I want to protect my possessions and assets in my bedroom from the others who have stolen my things before and damaged my possessions.

James L. Arrasmith
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answered on May 13, 2024

In California, you generally have the right to secure your personal space within a shared property, especially if you have concerns about the safety of your possessions. Installing a lock on your bedroom door in a home shared through a tenancy in common typically falls within this scope, provided... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: When in arbitration j.a.m.s is there two reference numbers? Does each offer or counter offer have its document?

why would a demand need amending?

When trying to settle during arbitration are numbers verbally communicated rather than on documents?

James L. Arrasmith
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answered on Apr 24, 2024

In arbitration with JAMS (Judicial Arbitration and Mediation Services), there are typically not two reference numbers. Usually, a single case number is assigned to the arbitration proceeding, which remains consistent throughout the process.

Each offer or counteroffer does not necessarily...
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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

James L. Arrasmith
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answered on Apr 20, 2024

You may indeed consider hiring an out-of-state attorney to handle your case if you're finding it difficult to locate suitable representation in California. However, it's important to ensure that the attorney is licensed to practice in California or can get permission to appear in court on... View More

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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 20, 2024

Yes your can hire an out-of-state attorney. That attorney will need to associate with a California licensed attorney. That process is called pro hac vice.

As to whether your have a valid case or not, more facts would be needed for a good analysis.

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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

Yes, you generally can. As my colleagues correctly indicate, it will involve working with local counsel on a pro hac vice basis. Keep in mind that working in this manner could complicate a case with the inclusion of an additional law firm, resulting in additional expenses. Good luck

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2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Can a settlement agreement be considered final if 2 co-plaintiffs are on case and only 1 is present?

If a matter is sent to Arbitration with 2 Co-Plaintiffs and a Co-Plaintiff is not made aware that they are negotiating for both parties, is the matter considered settled? If the Co-Plaintiff in the case is not able to attend the Mediation, but the documents, etc. are all made to appear as if only... View More

James L. Arrasmith
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answered on Apr 13, 2024

Under California law, a settlement agreement typically requires the consent and signature of all named plaintiffs in a case. If there are two co-plaintiffs, both parties should be aware of and agree to the terms of the settlement for it to be considered final and binding.

In the situation...
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2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Can a settlement agreement be considered final if 2 co-plaintiffs are on case and only 1 is present?

If a matter is sent to Arbitration with 2 Co-Plaintiffs and a Co-Plaintiff is not made aware that they are negotiating for both parties, is the matter considered settled? If the Co-Plaintiff in the case is not able to attend the Mediation, but the documents, etc. are all made to appear as if only... View More

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2024

It hinges on California arbitration laws and the applicable forum's rules, but in some cases, it could depend on whether there was no good reason for the no show, the no-show wasn't announced to the case administrator, the case administrator's diligence in verifying missing... View More

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2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Is it acceptable for Attorneys to file Motion Liminie to prevent Plaintiff from exposing Arbitration Award then use it?

In a Legal Malpractice case is it acceptable for an Attorney to file a Motion Liminie preventing Plaintiff from making any reference whatsoever to any part of the Arbitration or settlement then turn around and file the Arbitration records with their Motion to Confirm Award? Isn't this a Breach... View More

James L. Arrasmith
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answered on Apr 1, 2024

In general, the use of motions in limine and the introduction of evidence in legal proceedings are governed by the rules of evidence and civil procedure in California. However, the specific circumstances you've described raise some potential issues:

1. Fairness and consistency: If an...
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2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Is it acceptable for Attorneys to file Motion Liminie to prevent Plaintiff from exposing Arbitration Award then use it?

In a Legal Malpractice case is it acceptable for an Attorney to file a Motion Liminie preventing Plaintiff from making any reference whatsoever to any part of the Arbitration or settlement then turn around and file the Arbitration records with their Motion to Confirm Award? Isn't this a Breach... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2024

It would be required to submit the award in a motion to confirm.

Motions in limine are to prevent introduction of evidence before a jury, not what is directed at the judge.

What is limited by a motion in limine is determined by what the court rules in the order on the motion.

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1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: In the case of divorce, my partner already has an attorney. Is mediation possible? Cost?
James L. Arrasmith
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answered on Mar 29, 2024

In California, even if your partner already has an attorney, mediation is still an option for you. Mediation can offer a more collaborative environment to resolve disputes and may lead to a more amicable settlement. It's designed to help both parties communicate their needs and reach an... View More

3 Answers | Asked in Personal Injury, Arbitration / Mediation Law, Lemon Law and Small Claims for California on
Q: I need to know how to bring my case before a judge passed the timeframe. I know you can car dealerships. I need this hel

STG auto Santa Ana dealership both used car dealers padded deals made fictitious addresses for charges. They had put on me almost $7000 of equipment. I never owned took money out of my account both of them STG auto padded the deal so badly and laughed in my face. It took me a long time to figure it... View More

James L. Arrasmith
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answered on Mar 26, 2024

Under California law, if you believe you've been a victim of fraudulent activities, such as those you've described involving car dealerships, you have the right to seek legal action. However, if you've missed the statutory deadline to file a lawsuit, you may still have options.... View More

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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

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answered on Mar 24, 2024

Under California law, your situation raises several concerns regarding the conduct of your legal representation, particularly in the context of the Lemon Law claim you pursued against a car dealership. If your attorney was disbarred or suspended during the course of your representation, this could... View More

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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

You bring out a number of issues that are of concern as to the attorneys’ actions. In particular if there was a switching of firms without your agreement, a disbarred attorney representing you, and charging an excessive and not agreed to fee. You should consult with experienced ethics,... View More

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2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I signed an agreement that states Statutorily I can only receive up to $15,000. Am I bound forever to that?

I agreed to a limit of $15,000 in an arbitration case with the Ca State License Board. The arbitrator awarded $22,000 as my judgement but statutorily I only got the $15,000. Can I go to court and sue for the remaining $7,000 or am I bound for life because I accepted the $15,000! I agreed to the... View More

James L. Arrasmith
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answered on Mar 24, 2024

In California, when you enter into an arbitration agreement and receive a final decision, that typically concludes your case regarding the specific issue or claim. If you agreed to a statutory cap of $15,000, and you have accepted this amount following an arbitration ruling, this generally... View More

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