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California Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for California on
Q: Is it possible to have my case be transfered from one court house to another court house in the same county
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 2, 2019

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 »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Arbitration / Mediation Law for California on
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?

Genene N. Dunn
Genene N. Dunn answered on Nov 29, 2018

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.

3 Answers | Asked in Arbitration / Mediation Law for California on
Q: If the person doesn't pay the amount decided in arbitration, do we go back to arbitration, or sue in court?
Thomas A. Grossman
Thomas A. Grossman answered on Nov 23, 2018

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... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: What's the law now in California about an employer forcing you into arbitration?
N. Munro Merrick
N. Munro Merrick answered on Oct 31, 2018

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... Read more »

3 Answers | Asked in Arbitration / Mediation Law for California on
Q: Is there a time limit on mediations in California, or can they go on forever if the parties disagree on everything?
N. Munro Merrick
N. Munro Merrick answered on Oct 1, 2018

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.

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1 Answer | Asked in Contracts, Traffic Tickets, Arbitration / Mediation Law and Civil Rights for California on
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 »

Gary Kollin
Gary Kollin answered on Sep 16, 2018

First thing you do is read your contract

2 Answers | Asked in Criminal Law, Arbitration / Mediation Law, Civil Rights and Federal Crimes for California on
Q: Two Liberals In A Squad Car Arrest 11370 1 a Counsel ? Lakewood Ca Mich Wane 562 450 3969
Dale S. Gribow
Dale S. Gribow answered on Sep 6, 2018

more info needed.

what is the question?

how much involved? past record?

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for California on
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?

N. Munro Merrick
N. Munro Merrick answered on Aug 28, 2018

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 »

1 Answer | Asked in Employment Law and Arbitration / Mediation Law for California on
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?

N. Munro Merrick
N. Munro Merrick answered on Aug 28, 2018

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.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: What happens if I have evidence that our divorce mediator was not a neutral third party?
Thomas A. Grossman
Thomas A. Grossman answered on Aug 24, 2018

Unless the Mediation ended in a settlement, you can walk away from the mediation, and seek another Mediator or Mediation.

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law and Civil Rights for California on
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... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 31, 2018

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...
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2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for California on
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.

N. Munro Merrick
N. Munro Merrick answered on Jul 16, 2018

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... Read more »

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: If I am the writer of a contract, do I get to choose who does the mediation in the event of a dispute?
Thomas A. Grossman
Thomas A. Grossman answered on Jul 5, 2018

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 »

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3 Answers | Asked in Arbitration / Mediation Law for California on
Q: Is there any way to appeal a decision by an arbitrator?
Steve A. Buchwalter
Steve A. Buchwalter answered on Jun 12, 2018

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.

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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

William John Light
William John Light answered on May 21, 2018

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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2 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for California on
Q: Can my brother get 100% of real estate that he owned 50% and dad, that died, owned 50% because I'm adopted?

I was legally adopted by dad. dad lived and died in calif. property is in bartlesville, ok. have living trust, but property was never included in it. dad died 2015. Mom, Brother and I were beneficiaries. before anything was split up, Mom passed in jan. 2018. now it is just my brother and I. Brother... Read more »

Bruce Adrian Last
Bruce Adrian Last answered on May 14, 2018

Dear San Francisco:

I would contact a lawyer right away about this matter. But here is some information to get you started. I am also assuming that Mom above is your birth mother.

You have a much-juristictional problem here. The proper jurisdiction for Probate law, which governs...
Read more »

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1 Answer | Asked in Family Law, Immigration Law, Adoption and Arbitration / Mediation Law for California on
Q: Hello, I have a two year old son, who recently his mother decided to take him to the UK to start a new life.

We both reside in the bay area, California. Due to high cost of living, she believes taking my son to England would be better for him. She left with no notice, except for one text I received from her father the day they were leaving (or already gone). We have been trying to raise our son outside of... Read more »

Carl Shusterman
Carl Shusterman answered on May 5, 2018

I would like to help you, but your question does not involve immigration law.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: We have a dispute with two partners over a Tenancy-In-Common agreement related to a condo unit we own jointly.

Our TIC requires unanimous agreement for any funds spent from a “reserve” account. We had a subsequent meeting in 2014 with all partners and agreed to spend $500 per year from the reserve account on small improvements. We did that 2014-2016. In 2017 we didn't spend any reserve money... Read more »

N. Munro Merrick
N. Munro Merrick answered on May 3, 2018

Some agreements require mediation first. In mediation each part pays his own expenses. In Arbitration, unless the contract specifies otherwise, the same applies. Costs? Better consult a Concord arbitrator. Google the requirement for a Concord area arbitrator, and also check the local bar... Read more »

2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for California on
Q: Bought a house that has no 2x4 framing in the walls. It's 1x12 from the bottom plate to the top. This was not disclosed.

The seller told me afterwards how it was built. It severely limits what i can do to the house to fix it up, structural integrity. The house is over one hundred years old. He also never disclosed a 50 foot well under the house, and a gas well on the property. Do i have a case? This was an owner... Read more »

N. Munro Merrick
N. Munro Merrick answered on Apr 20, 2018

This is a first for me -- 100 years old?? 1x12 studs??? It probably did not violate the requirements of the building codes of the day, if there were any when your house was built. What does your sales contract require in the way of disclosures? What do you really want to do, get out of the deal?... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I discovered after signing it that my arbitration agreement it indicates that a mediator doesn't need to decide my

grievance based on California law but rather "accepted business practices." Is this legal?

N. Munro Merrick
N. Munro Merrick answered on Apr 18, 2018

Generally, accepted business practices are relied on when there is no specific statute that covers the exact situation. But that does not mean that there is no California case law on the subject. You mention your Arbitration Agreement, then talk about your Mediator. Which are you involved in?... Read more »

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