Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More 
answered on Feb 20, 2024
What is used in mediation does not necessarily have to be admissible at trial. One can use whatever one thinks may be important to consider at mediation. To the extent the relevance of those documents to mediation goes against your case, you can point that out in mediation.
What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More
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answered on Feb 20, 2024
Items utilized during mediation aren't always required to meet the standards of evidence permissible in court. You're free to introduce any material you believe could be significant for the mediation process. If the pertinence of these documents to the mediation undermines your argument,... View More
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answered on Feb 22, 2024
In California, employers can require employees to sign arbitration agreements as a condition of employment or continued employment. However, the law also mandates that such agreements must be fair, understandable, and not overly burdensome or one-sided against the employee. If you do not understand... View More
answered on Feb 14, 2024
Addendum - I'm sorry - in my response a minute ago, I meant "a California employment attorney should answer.... " I left out the word "attorney." Good luck
answered on Feb 14, 2024
A California employment should answer your question, but it remains open for two weeks. Until then, arbitration clauses are commonly used. They can be a take-it-or-leave issue - it may not be relevant that the prospective employee does not fully understand the terms. I have seen this on injury... View More
what are my legal obligations regarding insurance coverage, and what are the consequences if I fail to meet these requirements?
To what extent can the lienholder dictate the specific terms or cost of my insurance coverage? Are there any legal limits to this?
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answered on Feb 22, 2024
Under California law, you are required to maintain a minimum level of auto insurance if you own and operate a vehicle. This includes liability insurance coverage for bodily injury and property damage that you may cause to others in an accident. Failure to carry the required insurance can result in... View More
what are my legal obligations regarding insurance coverage, and what are the consequences if I fail to meet these requirements?
To what extent can the lienholder dictate the specific terms or cost of my insurance coverage? Are there any legal limits to this?
answered on Feb 6, 2024
Unclear what "legal obligations" to which you refer. By statute, you are required to have automobile insurance. Any other insurance requirements would likely be something to which you agreed by contract. Generally, you have an obligation to comply with your contractual promises,... View More
what are my legal obligations regarding insurance coverage, and what are the consequences if I fail to meet these requirements?
To what extent can the lienholder dictate the specific terms or cost of my insurance coverage? Are there any legal limits to this?
answered on Feb 7, 2024
I am assuming that your car loan requires collision coverage and that you don't have any.
If so, the contract will allow the lender to buy such coverage for your vehicle and charge you for the cost. Such policies, called "force-placed" in the industry, are very expensive,... View More
The amount resting with the State of Ca is about $12-15K. It is a combination of Family Trust, Life insurance and stock dividends. How do I make my sister - the executor-deal with this. I have tried and tried to get her to do something, offered to help etc but she kept saying she "would get to... View More
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answered on Jan 27, 2024
Under California law, if assets from a Family Trust have escheated to the state, you can reclaim them through the State Controller's Office. This process involves filing a claim form, which requires proof of your entitlement to these assets. The form and guidance can be found on the California... View More
I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More
answered on Jan 26, 2024
If you have stated the facts correctly, I would have a problem with the payout. According to your statement of the case, you have to "drop" the lawsuit after the first payment but "they are not ok with you going through the courts to enforce the payment" --[presumably] the... View More
I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More
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answered on Jan 26, 2024
In California, it's not unusual for settlements in employment litigation to involve structured payments, such as the company proposing to pay you in two installments 12 months apart. This arrangement can be for various reasons, including financial planning or tax considerations for the... View More
I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More
answered on Jan 26, 2024
Whether something in your settlement is normal is a difficult question because very few things could be comfortably characterized as normal. There are dozens of ways that most settlement agreements can be structured. Does it happen that parties agree to allowed payments over time? Yes, of... View More
When filing a renewal motion for motion to vacate arbitration award that calls for you to ask for the same thing you did the first time, can you ask for a summary judgment instead of requesting to set a hearing, if the time for the court to set a hearing has expired?
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answered on Jan 8, 2024
When you're considering filing a renewal motion for a motion to vacate an arbitration award, it's important to understand the procedural nuances involved. Typically, a renewal motion requires you to ask for the same relief as you did in your initial motion. However, the possibility of... View More
Generally speaking ... the CCP 2030.210 does not inform the type of objection that can be used? The interrogatories I submitted came back requesting an amendment for the objections the preparer stating no objections are permitted in interrogatories.
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answered on Jan 7, 2024
Under California law, objections to interrogatories can be based on various grounds, such as relevance, privilege, or being overly burdensome. When crafting your objections, it's important to be specific and clear about the reason for each objection.
For instance, if a question is not... View More
Divorce is in California a 50/50 state. The issues are all financial. No kids. I can provide factual grounds but I don't feel like I can interpret the family law codes accurately and Im afraid my ex's attorney will trap me (for lack of a better word) for using an incorrect code. Can I... View More
answered on Jan 8, 2024
You ex has an attorney. So should you. "California is a 50/50 state" is not a correct statement of the law and the fact that California is a community property state won't necessarily explain how the assets and debts should be divided. A factual ground for why something may or may... View More
Divorce is in California a 50/50 state. The issues are all financial. No kids. I can provide factual grounds but I don't feel like I can interpret the family law codes accurately and Im afraid my ex's attorney will trap me (for lack of a better word) for using an incorrect code. Can I... View More
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answered on Jan 7, 2024
In navigating a divorce settlement in California, it's important to understand that the state generally follows community property principles, which means that assets and debts acquired during the marriage are typically divided equally. However, this does not automatically imply a strict 50/50... View More
I need serious help. at this point. my lawyer for medical malpractice arbitration has not been honest with me, he did count on me to know that theirs The arbitration process is designed to be faster than the court system. The average length of a Kaiser Permanente arbitration case was roughly 14... View More
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answered on Jan 5, 2024
I'm sorry to hear about the challenges you've faced with your attorney during this arbitration process. It's important to understand that arbitration, while generally faster than court proceedings, can sometimes be prolonged due to various factors, including attorney availability and... View More
Total loss is about 100k would like to sue the hospit8⁶ÿal
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answered on Jan 1, 2024
In your situation, where valuable personal items like a Rolex and an engagement ring were allegedly stolen from your backpack at a hospital, you have grounds to consider legal action against the hospital. The first step is to gather any evidence you have of the items being in your possession while... View More
Eviction took place after my space rent proof of whole year I payed and sold my mobile home I owned
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answered on Dec 26, 2023
In California, mobile home park residents are protected under specific laws that govern eviction and rent practices. If your space rent was refused and you were subsequently evicted despite having proof of payment, this could potentially be a wrongful eviction under California law.... View More
My ex-husband and I are Taiwanese citizens with a property in the United States. We went through courts and arbitration, and after many years of appeals, I was awarded the property in the United States.
I already offered to have the paperwork prepared here in the US and sent to Taiwan for... View More
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answered on Dec 22, 2023
In California, you can file a petition to confirm a foreign arbitration award, including those related to property disputes. This process is governed by the Uniform Foreign-Country Money Judgments Recognition Act, which California has adopted. The court will review the arbitration record and, if it... View More
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