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California Arbitration / Mediation Law Questions & Answers
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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1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for California on
Q: My ex wife is a bigamist, can I use this in my divorce proceedings?

I am divorced for over 14 years and just found out my wife married someone in Las Vegas in 1995 while we were still married. We were not separated and got divorced in 2008. I am still paying her spousal support and Osler Smith payments. Can I use this information to my benefit? We are going back to... View More

James L. Arrasmith
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answered on May 8, 2023

If your ex-wife committed bigamy by marrying someone else while still married to you, this information may be relevant in your divorce proceedings. It could potentially impact the division of property, spousal support, and other issues related to your divorce.

You may want to bring this...
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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Hello I have a question about a civil harassment/restraining order

Hello. I have a neighbor that I filed a restraining order against and was advised by a judge that a mediation agreement was needed. We agreed to mediation and now my neighbor is not abiding by it; but only alittle bit. He has put a toe over the line and Im afraid he is testing the water to see how... View More

James L. Arrasmith
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answered on May 7, 2023

I'm sorry to hear about your situation. In California, a restraining order, also known as a civil harassment order, can be requested if someone is being harassed, threatened, or stalked by another person. If you feel that your neighbor is violating the mediation agreement and is continuing to... View More

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Can I file in court after an arbitration demand has been submitted by a lawyer without my approval?

I have hired a lawyer who turned out to be colluded by the other party, a huge corporation, and he filed an arbitration demand without my approval, while I wanted to go to court. There are several grounds to challenge the arbitration agreement. Can I file in court meanwhile that the arbitration... View More

James L. Arrasmith
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answered on May 1, 2023

Yes, in many cases, it is possible to file a lawsuit in court while an arbitration demand is pending. However, this will depend on the specific circumstances of your case and the laws in your jurisdiction. It is important to consult with an attorney to evaluate your options and determine the best... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Can I file in court after an arbitration demand has been submitted by a lawyer without my approval?

I have hired a lawyer who turned out to be colluded by the other party, a huge corporation, and he filed an arbitration demand without my approval, while I wanted to go to court. There are several grounds to challenge the arbitration agreement. Can I file in court meanwhile that the arbitration... View More

Yelena Gurevich
Yelena Gurevich
answered on May 1, 2023

Unlikely. It’s extremely difficult to overcome an aero traction agreement. If you are not satisfied with your current attorney, hire a new one. Then discuss your arbitration concerns with the new attorney to see if you have any other options. Also keep in mind that in consumer arbitrations, the... View More

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1 Answer | Asked in Family Law and Arbitration / Mediation Law for California on
Q: I wrote a custody eval as a mediator employed in family court. Shortly after I resigned I was subpoened to testify. Am I

entitled to expert witness fees and if so, how do I collect?

James L. Arrasmith
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answered on Apr 28, 2023

As a mediator employed in family court, if you were subpoenaed to testify as a custody evaluator, you may be entitled to expert witness fees under California law. California Code of Civil Procedure Section 2034.260 provides that expert witnesses are entitled to reasonable compensation for their... View More

1 Answer | Asked in Family Law and Arbitration / Mediation Law for California on
Q: Having been unemployed and financiallysupported by my unofficial partner for 12+ years, what are my rights as he ends i?
James L. Arrasmith
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answered on Apr 11, 2023

If you have been financially supported by your unofficial partner for 12+ years and he ends the relationship, you may have certain legal rights to financial support.

In California, the law recognizes "palimony" - which is similar to alimony in a divorce - for unmarried couples who...
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1 Answer | Asked in Arbitration / Mediation Law, Small Claims and Landlord - Tenant for California on
Q: I vacated my apartment on March 2 after I was told my vacate date was March 4. I unfortunately did not get it in writing

They are now billing me $2000 for rent March 2 through March 10 when the apartment was vacant. Do I have to pay this?

James L. Arrasmith
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answered on Apr 9, 2023

If you vacated your apartment on March 2 and were not provided with written notice that your vacate date was March 4, you may have grounds to dispute the rent charge for March 2 through March 10.

It is recommended that you review your lease agreement to see if there are any provisions...
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1 Answer | Asked in Arbitration / Mediation Law and Contracts for California on
Q: What is the verbal work agreement and how can I get a law consultation

I have a agreement for a 2 year with a company I transport products and delivery to hes customers with hes regulations all goes good for one year and now he just cut my payment in half alleging the diferente can be hes company profits and I have to do the same work with half of the payment.... View More

James L. Arrasmith
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answered on Mar 25, 2023

A verbal work agreement is a verbal contract between two parties, in which they agree to certain terms of work without a written contract. In many cases, verbal work agreements can be legally binding, although they can be difficult to prove in court if there is a dispute.

In your situation,...
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1 Answer | Asked in Arbitration / Mediation Law, Legal Malpractice and Medical Malpractice for California on
Q: What should i do?

I hired a medical negligence attorney for arbitration 2 years ago. its 2023 the mediation was for February /28/2023

I turnedC in all the documents medical bills ect. now the attorney is acting clueless. to the nest steps of the final judgement (quote) '' i don't know when... View More

James L. Arrasmith
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answered on Mar 16, 2023

I'm sorry to hear about your situation. It sounds like you have concerns about your attorney's handling of your case and the status of your settlement.

If you feel that your attorney is being dishonest or not communicating effectively with you, you may want to consider taking...
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1 Answer | Asked in Arbitration / Mediation Law and Land Use & Zoning for California on
Q: Disputing an alleged short term rental ad breach claim by Cathedral City. New ordinance as of Jan. 1 has a $5,000 fine.

The fine was disputed at a virtual hearing a week ago, with compelling factual written appeal rebuttal provided in advance. There was a hearing officer (layperson) from a company in California that acts for smaller city ordinance collection efforts being disputed, as well as the CC ordinance ticket... View More

James L. Arrasmith
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answered on Mar 15, 2023

If the property owner wishes to appeal the decision made by the hearing officer and challenge the fine in court, they will need to file an appeal within the specified timeframe (which you mentioned as 10+ days) and pay the required filing fees. The exact process and cost of an appeal can vary... View More

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