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California Arbitration / Mediation Law Questions & Answers
Q: plaintiff falsified a 60 day notice to defendants,using a property management company(owner of the company had no idea)

is that a legally served 60 dday notice, but no one (defendants)where hand served the notice.

?? plaintiff lied to the police and the court clerk about when he made his own proof of service and filed that with the court.is that legal service, because he served it himself and filled out the... View More

N. Munro Merrick
N. Munro Merrick
answered on Feb 22, 2018

1. The date that the proof of service is filed is not important. The date that the service took place is.

2. A property manager may serve legal documents on a tenant. There are several ways that documents may be served. All of the tenants -- those on the lease, as well as the other...
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1 Answer | Asked in Contracts, Arbitration / Mediation Law, Landlord - Tenant and Small Claims for California on
Q: In Santa Barbara, CA can my roommate charge me more for a smaller room than he pays? I’m not on the lease.

I only have a verbal agreement with my roommate, who is on the lease and I understand is functioning as my landlord. Is it legal for my roommate to charge me $900 for a smaller room when they pay less than $800 for larger, better room? I was supposed to only pay $850, but was told to pay $900 when... View More

N. Munro Merrick
N. Munro Merrick
answered on Feb 22, 2018

You say you are not on the lease, that is, you have no agreement with the landlord. If he is subletting to you without the landlord's consent, he is probably in violation of his lease and subject to immediate eviction, in which case you would also be evicted..

Assuming he gets his...
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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Can I get the seller of the house to pay for my mediation fees for non-disclosure, fraud?

I bought the house seven months ago and now my family and I are staying at the hoted due to a slab leak and roof leak. The pipe that is leaking is galvanized ang connected to a copper that is feeding the cold water in my bathroom. I called the seller to ask if he knew where the pipe starts. He... View More

N. Munro Merrick
N. Munro Merrick
answered on Feb 11, 2018

If you and the seller signed a purchase contract such as the one provided by the California real estate department, there are specific provisions relating to representations by the Seller, who pays for damages to the property, etc. If the Seller knew of the leaks and did not disclose them, and... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I went to mediation and we signed code1123ccp sect664.6 i feel it is not what I want the next day can back out

I do not like the agement that was made, can I get out of it I won’t to go to trial instead

N. Munro Merrick
N. Munro Merrick
answered on Jan 31, 2018

I do not know exactly what you signed. You appear to prefer going to trial. Perhaps you do not understand what mediation is.

I presume you would agree that if you have a dispute with someone, you try to settle it. You negotiate. If that does not work, the next logical step is to hire...
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1 Answer | Asked in Arbitration / Mediation Law, Employment Law and Contracts for California on
Q: If an employee signs an "Arbitration Policy", can they collect their share of a class action against the company?
N. Munro Merrick
N. Munro Merrick
answered on Jan 11, 2018

Tough question. To give a preliminary answer, the contract you signed, the "Arbitration Policy", would have to be scrutinized. Many large companies have employee contracts that specifically state that you cannot participate in a class action against the company. To do so would breach... View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for California on
Q: What can I do if my ex won't communicate and keeps my son from me for weeks, sometimes months at a time?

I'm not his biological parent, but I have been in the picture since 3 months into my ex's pregnancy. I've been there in every way as a parent for everything, including being sole provider to both him and my ex. I was mislead about everything to do with the birth certificate and my... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 25, 2017

File a petition for custody and visitation orders as the presumed parent or file a parentage action and concurrently file a request for order for temporary custody and visitation orders.

Q: Can I abrogate an agreement for plaintiffs to accept a lump sum and together decide the allottments?

Three of us disabled persons have a suit against an apartment owner. I was trapped in broken elevator twice (27 minutes and 51 minutes), had to live in an outside hotel for months, and because the disabled lift was broken I missed medical appointments.

Before mediation I signed an agreement... View More

N. Munro Merrick
N. Munro Merrick
answered on Dec 21, 2017

You have an attorney. He should be able to answer all your questions. If you have a difference of opinion about whether your psychiatric problems should have been included in the mediation, tell him that. If you are not satisfied with his explanation, tell him that you want to get a second opinion... View More

Q: How to get my son removed from the deed

My son was added to my deed with a grant deed. There isnt a place stating he gets 50% . They have him listed as TIC. There is no TIC paperwork or agreement. He claims he dont want any money from the sale but yet he refuses to sign any paperwork for the sale of the home unless he gets 100% of the... View More

N. Munro Merrick
N. Munro Merrick
answered on Dec 19, 2017

You ask one question. Before anyone can provide an answer, you need to provide the answers to many questions, including but not necessarily limited to: Did you have any conversations with your son about the future disposition of the property? If so, were there any witnesses to those conversations?... View More

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Must I be confidential about information received before signing a confidentiality. agreement?

At a mediation I signed a confidentiality agreement. Days before, I received a mediation brief and showed my physician and others the mediation brief. Can I still show people the mediation brief since I received it before mediation? Also isn't the mediation confidentiality agreement only for... View More

N. Munro Merrick
N. Munro Merrick
answered on Dec 19, 2017

The answer is yes to both questions. Unless the Mediation Brief itself was marked as confidential (which would be unusual in my experience) you were perfectly at liberty to show it to persons who might be involved in the mediation. At the mediation hearing itself, the confidentiality provision is... View More

2 Answers | Asked in Arbitration / Mediation Law and Civil Rights for California on
Q: My mediation brief is supposed to be confidential can I still show it to: 1. my oncologist 2. my psychiatrist
David Keith Hicks
David Keith Hicks
answered on Dec 18, 2017

mediation briefs are NOT confidential and shouldn't be, because they are to persuade the other side that they should settle because you are on top of your game. Maybe you meant a settlement conference statement instead. Even that should be disclosed. You can discuss the secret sauce with... View More

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1 Answer | Asked in Divorce, Real Estate Law and Arbitration / Mediation Law for California on
Q: Married 10y. Home purchased 7y ago under wifes name due to my credit. If we split, do I risk losing home rights w/o

having my name on the title or loan paperwork?

N. Munro Merrick
N. Munro Merrick
answered on Dec 11, 2017

This is an incomplete answer. The property is in California. You state you were married when the property was purchased, with only your wife on the grant deed. However, California is a community property state. Therefore, it is presumed to be community property. The presumption is rebuttable.... View More

1 Answer | Asked in Criminal Law, Divorce, Immigration Law and Arbitration / Mediation Law for California on
Q: what should i do if my fruit snacks were stolen 3 times?

Motts fruit snacks. It happened in front of the lockers at my high school. The time was around lunch time. And it happened threee times on different days i did not see who the crimaanl was.

Dale S. Gribow
Dale S. Gribow
answered on Nov 29, 2017

report to principal or Vice Principal or any security unit on campus

Q: My attorney requested a trial de novo after losing on fee arbitration. Can I request to change venue?

The venue is far from where I live and work. Also, my name is wrong, and I wasn't served but it shows that I was (I was overseas). I can't find a lawyer willing to represent me and have decided to represent myself.

N. Munro Merrick
N. Munro Merrick
answered on Nov 14, 2017

If you have not obtained all the info you need, I would need some info to be able to understand what the situation is and give you some suggestions. For example: who are the parties to the suit? Where do you live? Where was case filed? It appears that a suit was filed, you hired an attorney to... View More

Q: I quit the USPS & still haven't received wages due from 6/2/2017. Union & management uncooperative. What do I do?

.

Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Oct 26, 2017

Sure give my office a call when you can and we can get you the help you need, ask for Roland

2 Answers | Asked in Arbitration / Mediation Law and Divorce for California on
Q: Who pays for the Change of Venue of a divorce case in California?

My ex wife's lawyer sent me a stipulation for a change of venue for our divorce case ( divorced since 3 years now ) from L.A. County to O.C.

In the document she states that both parts shall pay the cost associates to the change. Is this request correct or my ex wife should pay all the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 20, 2017

It’s a stipulation. You can choose to agree or disagree. It’s your choice.

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3 Answers | Asked in Contracts and Arbitration / Mediation Law for California on
Q: I'm an attorney licensed to practice in Georgia, only. Can I appear as counsel for a Georgia LLC at CA mediation?

My client Member and his LLC were both sued in a CA Superior Court and I also want to appear as counsel at a mediation for the LLC and the individual LLC Member, as well.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Oct 3, 2017

You can appear only after you have an application granted by the court to appear "Pro Hac Vice". See: http://www.calbar.ca.gov/Admissions/Special-Admissions/Pro-Hac-Vice

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1 Answer | Asked in Criminal Law, Sexual Harassment, Contracts and Arbitration / Mediation Law for California on
Q: I bought a car from a dealership that has had multiple problems. The dealership owner has been making sexual advances

Continuos calls and text. After making it very clear that I wasn't or wouldn't do what he wanted he refused to fix my car after he was aware and agreed to fix. His availabity was 8 pm and his shop that is closed in an Industrial area. I felt uneasy and fearful going there that late and... View More

William John Light
William John Light
answered on Sep 30, 2017

Call the police/district attorney, a lemon law attorney and an Unruh Act/Sexual Harassment attorney.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: How are mediators chosen in California? What happens if I don't like my mediator?
David Keith Hicks
David Keith Hicks
answered on Sep 24, 2017

generally by mutual agreement of both sides. Don't agree to a mediator you don't like. If you are already in mediation, then the answer to your questions depends on how you got there.

1 Answer | Asked in Consumer Law, Real Estate Law and Arbitration / Mediation Law for California on
Q: HOA director has retracted of email agreement of repair.HOA lawyer has steped in and claimed HOA overpromised Do I SUE?

Just purchased a condo 5/2017.

My unit was affected by a water leak from neighbor negligence in reporting to HOA.

Wall was damaged, Mold treatment was needed.Listing agent offered to pay.HOA director didn't allow it nor would call the hoas insurance.Few weeks later finally the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

It's key to have a lawyer review the related HOA contract and communications. 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,... View More

2 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California on
Q: If two people are getting a divorce and the husband has had an affair but the spouse has know it the entire time and now

And is trying to get full custody of kids does that make husband any less able to fight for joint custody? Went to mediation and this was brought up, but I want to know my chances of this happening

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 24, 2017

California is a no-fault state which makes infidelity irrelevant. If the unfaithful spouse's conduct however, poses a threat to the health, safety, or welfare of the children, it may be relevant to the issue of custody.

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