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California Arbitration / Mediation Law Questions & Answers
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 »

1 Answer | Asked in Contracts, Family Law, Arbitration / Mediation Law and Business Law for California on
Q: can my brother act as my mother’s lawyer regarding her last will and testament?

My brother has my moms last will, he will not allow me to have a copy or view, he’s ask me to sign a document pertaining to her will, that I would agree to settle in mediation not in court, if there’s a dispute. Is this legal or appropriate?

Is it legal for my brother to act as my... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Mar 24, 2018

You question raises a lot of issues. One simple, quick solution to one of the problems is for your mother to simply make a new will. In making the new will, she can "revoke" all previous wills, meaning they will no longer count as her will. Because of the other issues, it is best if... Read more »

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Want to dispute signing over my rights.

My mom was to receive a sum of money before she passed away. It was awarded to me and my brother. The document I signed was my rights over to my brother. I have a daughter, which found out legally she was mine (DNA test) after signing the document. I was in prison and since have been released.... Read more »

N. Munro Merrick
N. Munro Merrick answered on Mar 15, 2018

Let's see if I have this right. You and your brother were entitled to receive a sum of money. You gave your right to the money to your brother. That means you no longer have any rights to the money, and neither do your children. Then you say 1/2 of "the money", is that the same... Read more »

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Mother passed away and signed my rights to my brother. I want to dispute signing away my rights. What do i do?

My mom was to receive a sum of money before she passed away. It was awarded to me and my brother. The document I signed was my rights over to my brother. I have a daughter, which found out legally she was mine (DNA test) after signing the document. I was in prison and since have been released.... Read more »

N. Munro Merrick
N. Munro Merrick answered on Mar 15, 2018

Nowhere near enough facts to offer suggestions. What documents are involved? Are you suggesting undue influence? Speak!

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Probate for California on
Q: I need help I need to dispute a durable power of attorney in victorville california I believe my cousin coherced my mom

Into changing it she made me the trustee in her living trust she has passed and i was never informed of her passing until 6 weeks after the fact and I would be willing to pay with some of the proceeds of the house .

Richard Samuel Price
Richard Samuel Price answered on Mar 7, 2018

You will need some trust administration services and to understand what your cousin has done. Attorneys cannot contact you, you will have to call or email an attorney. Call or email an attorney for a full consultation.

2 Answers | Asked in Arbitration / Mediation Law and Contracts for California on
Q: Our Contract says that if any dispute it goes to Arbitration. Despite written requests customer continues to go legal

We notified him in writing and we had our manufacturer inspect roof. The customer reroofed it and his attorney is sending us a request for payment.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Feb 27, 2018

It is not possible to be specific without seeing the actual contract terms. Generally, arbitration clauses only govern the filing of an action, not pre-filing communications or actions. If the other party files a court action, you can compel arbitration, or you can initiate arbitration yourself... Read more »

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2 Answers | Asked in Arbitration / Mediation Law and Business Law for California on
Q: My business partner and I are new to arbitration and need advice on how to go about it. We think we need to go to LA?

Entertainment business contract dispute. Other party not returning emails, so a bit nervous on what will happen if we proceed- can he give us a runaround?

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Feb 24, 2018

Usually the contract will specify the procedures, place and even organization to be used by the parties to an arbitration. If these terms are missing, you may not even have an enforceable arbitration clause. Probably worth your while to have an attorney review the contract and discuss the... Read more »

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