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California Arbitration / Mediation Law Questions & Answers
2 Answers | Asked in Arbitration / Mediation Law and Divorce for California on
Q: Who pays for the Change of Venue of a divorce case in California?

My ex wife's lawyer sent me a stipulation for a change of venue for our divorce case ( divorced since 3 years now ) from L.A. County to O.C.

In the document she states that both parts shall pay the cost associates to the change. Is this request correct or my ex wife should pay all the... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 20, 2017

It’s a stipulation. You can choose to agree or disagree. It’s your choice.

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3 Answers | Asked in Contracts and Arbitration / Mediation Law for California on
Q: I'm an attorney licensed to practice in Georgia, only. Can I appear as counsel for a Georgia LLC at CA mediation?

My client Member and his LLC were both sued in a CA Superior Court and I also want to appear as counsel at a mediation for the LLC and the individual LLC Member, as well.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Oct 3, 2017

You can appear only after you have an application granted by the court to appear "Pro Hac Vice". See: http://www.calbar.ca.gov/Admissions/Special-Admissions/Pro-Hac-Vice

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1 Answer | Asked in Criminal Law, Sexual Harassment, Contracts and Arbitration / Mediation Law for California on
Q: I bought a car from a dealership that has had multiple problems. The dealership owner has been making sexual advances

Continuos calls and text. After making it very clear that I wasn't or wouldn't do what he wanted he refused to fix my car after he was aware and agreed to fix. His availabity was 8 pm and his shop that is closed in an Industrial area. I felt uneasy and fearful going there that late and... Read more »

William John Light
William John Light answered on Sep 30, 2017

Call the police/district attorney, a lemon law attorney and an Unruh Act/Sexual Harassment attorney.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: How are mediators chosen in California? What happens if I don't like my mediator?
David Keith Hicks
David Keith Hicks answered on Sep 24, 2017

generally by mutual agreement of both sides. Don't agree to a mediator you don't like. If you are already in mediation, then the answer to your questions depends on how you got there.

1 Answer | Asked in Consumer Law, Real Estate Law and Arbitration / Mediation Law for California on
Q: HOA director has retracted of email agreement of repair.HOA lawyer has steped in and claimed HOA overpromised Do I SUE?

Just purchased a condo 5/2017.

My unit was affected by a water leak from neighbor negligence in reporting to HOA.

Wall was damaged, Mold treatment was needed.Listing agent offered to pay.HOA director didn't allow it nor would call the hoas insurance.Few weeks later finally the... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Aug 17, 2017

It's key to have a lawyer review the related HOA contract and communications. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... Read more »

2 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California on
Q: If two people are getting a divorce and the husband has had an affair but the spouse has know it the entire time and now

And is trying to get full custody of kids does that make husband any less able to fight for joint custody? Went to mediation and this was brought up, but I want to know my chances of this happening

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 24, 2017

California is a no-fault state which makes infidelity irrelevant. If the unfaithful spouse's conduct however, poses a threat to the health, safety, or welfare of the children, it may be relevant to the issue of custody.

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Is there any way to appeal the results of an arbitration?
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jul 20, 2017

Unless your arbitration is a court arbitration, where you are allowed to demand a trial "de novo", the grounds to have an arbitration award overturned are extremely limited. You would have to go over the award and facts with a litigation attorney.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Is it possible to appeal the outcome of an arbitration?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 14, 2017

Was it binding arbitration? There might be a basis for appeal, but it depends on the reasons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Child Custody and Family Law for California on
Q: I went to mediation with the mother of my children came to an agreement but never signed.can I break the agreement?

She has not seen them for 3 years. I have full custody. She had visitions but never showed up. She is now "clean" and asking for custody or visitations. I never signed the agreement at mediation. I had to go back with the monitor information but I haven't and don't want her to... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 22, 2017

There is no agreement. If you didn't sign it, it's not an agreement, thus nothing to break.

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1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for California on
Q: Inherented prop, paid off, 3 owners. Dispute over priv. Sale, open mkt and price for sale. Can 1/3 refuse entire sale?

One of the three inherited owners wants to sell an open market as opposed to privately and is blocking the entire transaction and claiming it has to be put on open market. Can she actually force it without Court action? IE just call A realtor and list the property, find a buyer and evict the... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jun 16, 2017

Yes, the one third owner can refuse to sell their share. The other two can sell their shares. Since most buyers are not interested in such transactions, you may want to file an action for partition.

Q: I filed my complaint with California BRE in August 2016, investigation is still active n ongoing.

Once BRE files accusation, can i use this against broker in civil court?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 1, 2017

That might serve as some evidence. Have you already filed the civil case? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

3 Answers | Asked in Arbitration / Mediation Law and Personal Injury for California on
Q: Is it common practice for a lawyer to set up a personal injury trial date even before a mediation hearing has happened?

I understand that my attorneys charge rate goes up after a trial date is set, I however thought that a trial date was to be set after failing to reach. Settlement during mediation/arbitration. A month agoI recieved a letter stating that a trial date has been set for the summer of 2018. Now 1 week... Read more »

Randall R. Walton
Randall R. Walton answered on May 31, 2017

It's not clear what jurisdiction you are in, but in San Diego there is a case management conference a few months after the lawsuit is filed. At that conference, the judge will ask if the parties are interested in mediation, and, if so, require that it be completed by a certain date. The trial... Read more »

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1 Answer | Asked in Contracts and Arbitration / Mediation Law for California on
Q: I was not aware that mediation was an option in the county where I live so I requested a mandatory arbitration hearing.

I was not aware that mediation was an option and I requested a mandatory attorney/client fee arbitration. Actually I was forced into it by my attorney who sent me the form notifying me of my right to arbitration. I basically stressed because I received it right before the 'cut off' date... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 27, 2017

Usually an attorney who hasn't been paid for her/his services is required to notify the client of her right to arbitration of the fee claim before the case gets filed as a collection action in court. So the attorney was following the steps outlined by the State Bar for a fee collection matter.... Read more »

2 Answers | Asked in Contracts, Arbitration / Mediation Law and Business Law for California on
Q: Am I bound to an agreement that wasn't countersigned even if I signed, sent a 50% deposit, and work has started?

Agreement was drafted by other party, I signed (they never did), and I transferred 50% deposit and work started. Before it was signed, I indicated changes would likely have to be made on other 50% (over text, they agreed) and shared examples of what the client expected.

First 50% was of... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 27, 2017

Have a lawyer review the contract and the facts to determine your rights and duties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Probate for California on
Q: My mom passed away and had no will or power of attorney i have her car but dont know how to put it in my name

Its just sitting stacking up fees

Richard Samuel Price
Richard Samuel Price answered on May 3, 2017

If the vehicle was the only asset of your mother and you are the only heir to her estate, then you can transfer the vehicle to yourself with the Department of Motor Vehicles. Go to the DMV with her certified death certificate and the car registration and title. They will give you the forms to... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Employment Discrimination for California on
Q: I have had my aribritration hearing, and I am almost 4 weeks pass the decision date what should I do. Thank You

Just need some information just getting concerned

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 27, 2017

It depends on the terms of the arbitration agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Lemon Law for California on
Q: Hello. I would like to know if you can file a complaint against the bbb in your state? If so, whom would I contact?

Faulty arbitration results in my loss. Severe weather preventing me from demonstrating my case due to safety concern. Please reply respectfully.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 1, 2017

You can sue such a company in civil court if you have a valid factual and legal basis. You may be able to appeal the arbitration decision as well, depending on the arbitration agreement terms. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »

1 Answer | Asked in Business Law and Arbitration / Mediation Law for California on
Q: how i can defend myself from cslb mishandling my case and avoid license suspension? cslb interfere in small claim court

i am licensed Contractor certified by CSLB,i received notice of automatic suspension,code section 7085.6.

i did work for the other party(plaintiff)and he did not want to adhere with the contract

i did not comply with the Arbitration award ,because of cslb mishandled my case ,and... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 24, 2017

You might be able to appeal the decision of the arbitrator, if you do so in a timely manner. Judges and arbitrators quite often make factual and legal errors, suffer from bias, or simply don't pay attention to facts. It may be worth it to you to appeal, or not - depending on what you're... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California on
Q: Can public service employee pension be used to order child support amount. There's no income left after living expenses.

If his personal living expenses. Is considered As a deduction, then there is nothing left to support his second child with me,

can his monthly pension deduction be used for support?Can I also ask for automatic increase once his alimony is over

This is his second child. We have one... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 14, 2017

His income and expenses should be declared in the child support proceedings. The Court makes a decision based on all facts presented. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice;... Read more »

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: What happens when the parents can't agree on a custody arrangement and one of the parents refuses to see a mediator

I am wanting to move from the residence but don't want to look like the absentee parent in the courts eyes. I have been urging the other parent to agree to a 50/50 custody arrangement but she refuses. And also refuses to see a professional mediator. What do I do?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 7, 2016

It's time to file for child custody rights in Court. In some counties, mediation is often court-ordered right off the bat. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor... Read more »

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