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California Arbitration / Mediation Law Questions & Answers
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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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... Read 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...
Read more »

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... Read 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...
Read more »

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... Read 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... Read 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...
Read more »

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... Read 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... Read more »

Tobie Brina Waxman
Tobie Brina 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... Read 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... Read 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... Read 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?... Read 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... Read 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... Read 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... Read 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.... Read 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... Read 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

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