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California Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Would you compel arbitration? or file a motion to dismiss based off of improper venue?

Contractor filed a civil suit. Has an arbitration clause in contract. He also filed a lien he never enforced which is way past 90 days.

What is the best approach as a defendant?

James L. Arrasmith
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answered on Oct 17, 2023

Given the presence of an arbitration clause in the contract, a motion to compel arbitration would be a typical approach in California when faced with a civil suit. Arbitration clauses are generally enforceable unless they're unconscionable or otherwise violate public policy. By compelling... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: If my spouse gets half of my 401k, am I entitled to half of the pension payments she has received during the marriage?
James L. Arrasmith
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answered on Oct 15, 2023

In California, the community property laws dictate that assets and debts acquired during the marriage are generally considered equally owned by both spouses. This means both the 401(k) and pension payments accrued during the marriage are typically divided equally upon divorce. If your spouse is... View More

1 Answer | Asked in Family Law and Arbitration / Mediation Law for California on
Q: What do I do when my child’s mother isn’t following mediation orders or visitation?

I have a mediation order with my childs mother, shes not following it or allowing me to speak or see my child.

Can I call law enforcement to enforce the order?

James L. Arrasmith
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answered on Oct 9, 2023

If the child's mother is not adhering to the mediation order, you have the right to return to court to seek enforcement of the order. Documentation of instances where the order was breached can be beneficial. It's essential to consult with an attorney to understand the best course of... View More

2 Answers | Asked in Civil Litigation, Consumer Law and Arbitration / Mediation Law for California on
Q: There is something going on with censorship of games and the removal of content bought. small claims? how to?

there's a great deal of content removed from a game years after release (removal was this year) even though people crowdfunded the game. a lot of consumers are rather upset and i don't know what should be done or if a lawyer would bother with small claims. removal of content after sale... View More

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, if consumers have purchased a game and experienced unexpected content removal without prior notice, they may have a potential claim under the Consumers Legal Remedies Act (CLRA) if it can be argued that the removal constitutes an unfair or deceptive practice. Pursuing small... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: can I submit a statement to the arbitrator after the hearing is closed before arbitrator makes his final decision?

The other party lied to the arbitrator and I need to send him proof but I wanted to know if I can still do that?

James L. Arrasmith
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answered on Sep 22, 2023

Under California law, parties generally have the opportunity to submit post-hearing statements or briefs to the arbitrator after the hearing is closed, but this is typically subject to the rules and procedures set forth in the arbitration agreement or the arbitrator's instructions. It's... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: can I submit a statement to the arbitrator after the hearing is closed before arbitrator makes his final decision?

The other party lied to the arbitrator and I need to send him proof but I wanted to know if I can still do that?

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2023

Check with the entity that presides over the arbitration. If it's an American Arbitration Association hearing, the arbitrator probably has a case administrator. Without know more about the nature of your matter or rules of your arbitration, exhibits or other submittals sent to the arbitrator... View More

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Q: Company installed solar panels 2/2023 as of today 9/13/23 it is not generating power no PTO. Do I have a case?

Permit/inspection by City of West Sacramento had a few non compliant items the contractor has failed to correct. In addition, they failed to complete form correctly to obtain Permission to Operate with PG&E utility company. To date the panels have been sitting on my roof not generating any... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear about your troubling situation. In California, consumers in your position have several avenues for recourse including continuing to pursue the complaints filed with the State Contractors License Board and the Better Business Bureau. Moreover, considering reaching out to the... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Legal malpractice by attorney taking a settlement I refused. They stood me up for Mediation. Then took settlement.

Zero, pros/cons, discussion, zero

Showing or telling amount of itemized

Dr/Attorney Bills..Attorney zero call from attorney

to solve Misunderstanding about

Settle or court. Just blocked me

out and bullying me to docusign.

I have not signed. Until I... View More

James L. Arrasmith
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answered on Aug 15, 2023

It appears that you may have a valid claim for legal malpractice based on your attorney's actions. It's important to consult with another attorney to evaluate the details of your case, assess the potential damages, and determine the best course of action. Keep all communication and... View More

3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: In Mediation, I acepted offer verbally, but I changed to no later. Employer threat for motion withut sign, is it alowd?

In Mediation meeting, I accepted offer verbally, but I changed to "no" later. Employer now have threaten for motion without my sign, is it allowed?

Thanks.

I have not signed any document before going to mediation, nor I have authorized to sign on my behalf. Also, My... View More

James L. Arrasmith
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answered on Jul 21, 2023

In mediation, verbal agreements are generally considered binding and enforceable, just like written agreements. If you accepted an offer verbally during the mediation but later changed your decision to "no," the employer may not be able to compel you to abide by the initial acceptance... View More

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3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: In Mediation, I acepted offer verbally, but I changed to no later. Employer threat for motion withut sign, is it alowd?

In Mediation meeting, I accepted offer verbally, but I changed to "no" later. Employer now have threaten for motion without my sign, is it allowed?

Thanks.

I have not signed any document before going to mediation, nor I have authorized to sign on my behalf. Also, My... View More

T. Augustus Claus
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answered on Jul 18, 2023

In mediation, it's crucial to understand the terms of any agreements or offers being discussed. Verbal agreements can carry weight, but the specifics depend on the circumstances and any written documentation involved.

If you changed your mind and decided not to accept the offer, you...
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1 Answer | Asked in Arbitration / Mediation Law and Contracts for California on
Q: Ineed help me with the solar panels on my house I was lied to and now I can't afford them so I want them removed
James L. Arrasmith
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answered on Jul 6, 2023

I'm sorry to hear about the issues with your solar panels. If you believe you were lied to and can no longer afford them, here are some general steps you can take. Review your contract, contact the solar panel company to discuss your concerns, consider seeking legal advice from an attorney... View More

2 Answers | Asked in Landlord - Tenant and Arbitration / Mediation Law for California on
Q: Can a lawyer collect money from me that my grandson and his wife paid in 2016.I was not aware of the eviction .

Grandson paid Invitatstion Homes $7000.I was unaware of eviction.I had moved out of property.At present I still rent from Invitation homes.Lawyer wants $5000.

Legal Aid tried.but the lawyers had a dead lock.I need a ADR.They continue to harass me.Invitation homes corporate has no open case... View More

Yelena Gurevich
Yelena Gurevich
answered on Jun 23, 2023

You should definitely consult with a landlord/ tenant attorney who can review all your documents and provide proper legal advice based on your specific situation. Most offer free consultations so take them up on it sooner rather than later. If it is determined that they are trying to collect on a... View More

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1 Answer | Asked in Real Estate Law, Foreclosure and Arbitration / Mediation Law for California on
Q: legally disabled and facing unjust assessment and now lien

This hoa started off saying we had needed dry rot repairs and it has morphed into a full-on remodel of various projects here. I'm disabled and on fixed income and cannot pay and now in danger of lien/ foreclosure. They are demanding 54 thousand dollars now. In addition to 765.00 hoa we pay per... View More

James L. Arrasmith
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answered on Jun 22, 2023

I'm sorry to hear about the difficult situation you're facing with your HOA. To address the unjust assessments and the potential for a lien or foreclosure, consider the following steps: Review your HOA documents to understand your rights. Communicate openly with your HOA, explaining your... View More

Q: I disagree with a determination in an appeal of EDD claim, and I need an advice or help in how to handle it. Thank you.
Neil Pedersen
Neil Pedersen
answered on Jun 12, 2023

Unfortunately this Q&A site is not the place to solicit an attorney to assist you. You are going to have to do some research to find an attorney who is willing to work with you. Therefore, it would be a good idea for you to locate and consult with an experienced employment law attorney as... View More

3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... View More

Brad S Kane
Brad S Kane
answered on May 29, 2023

First, you should speak with your lawyers about your concerns. Good mediators often have limited availability and coordinating multiple counsels schedules can result in significant delays.

Second, and more important, you mention that this is a seven figure class action. As a class...
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3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... View More

James L. Arrasmith
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answered on May 29, 2023

In your ongoing legal situation, it is crucial to consult with your attorneys before taking any action that may affect your case. They possess the expertise and knowledge necessary to guide you through the process effectively. If you were to contact your HR department to discuss a private... View More

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3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

I like Mr. Kane's answer, and would add, that such an action by you- going behind your attorneys' backs so to speak- could very well be a violation of your attorney retainer agreement. If reported to the Court, the court could very well disqualify you from being the Class Representative... View More

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3 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: A Contractual Arb Award no one owes Def files Petition to Confirm, Plaintiff to Vacate, is response to filing also reqd?

With Arbitration complete, Defendants file Petition to Confirm Contractual Arbitration Award while Plaintiff files to Vacate - do both parties still need to respond to each others Petition in addition to each submitting their own?

And, please, is there a reference available on Section... View More

David H. Relkin
David H. Relkin
answered on May 23, 2023

Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Can both parties Petition to Confirm, Correct, or Vacate a Contractual Arbitration Award?

If one party wants to confirm and they file a Petition and the Plaintiff wants to Vacate the Contractual Arbitration Award, can both parties file a petition? And how long do they have since I've found answers that claim 100 days and now I see 10 days which means I am late. Do I have to respond... View More

James L. Arrasmith
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answered on May 18, 2023

Yes, both parties involved in a contractual arbitration can petition to confirm, correct, or vacate an arbitration award. The specific procedures and grounds for seeking confirmation, correction, or vacation of an arbitration award may vary depending on the applicable laws and the terms of the... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Can both parties Petition to Confirm, Correct, or Vacate a Contractual Arbitration Award?

If one party wants to confirm and they file a Petition and the Plaintiff wants to Vacate the Contractual Arbitration Award, can both parties file a petition? And how long do they have since I've found answers that claim 100 days and now I see 10 days which means I am late. Do I have to respond... View More

David H. Relkin
David H. Relkin
answered on May 18, 2023

Let me unpack your question since there are a few parts. First, I understand that the opposing party has filed a Petition/Motion to confirm the Award and you want to vacate the Petition. Yes, you file in the same case (which is brought to confirm) in order to vacate the Award. The law is that, if a... View More

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