Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
Please advise on formatting requirements for complaint with Federal court. I found local rules, but they refer to typewriting standards. Probably there are permissible variances, with some mandatory rules. Please advise.
answered on Dec 14, 2023
When filing a federal complaint, it's essential to follow the formatting guidelines outlined in the Federal Rules of Civil Procedure and the local rules of the specific federal court. While local rules may refer to typewriting standards, there is some flexibility in modern electronic filings.... View More
Her parents own the land and they pay month to month. Her parents want fair market value for rent. They can't pay fair market. Being evicted. She wants out of the business and he wants her to use her relationship with her parents to get a "good deal o.
n rent. Mediation took... View More
answered on Dec 13, 2023
In California, when dealing with a situation involving a small business co-owned with an ex-spouse, several legal aspects must be considered.
First, if the business is a corporation, both parties have fiduciary duties to the corporation and each other as co-owners. This includes acting in... View More
I went through Kaiser pain mgmt program last Oct. 2022 and since then my pain medications have been slowly stripped down to just 45 mme of MSCONTIN 15mg of Extended Release by dr's who are not pain specialists. This is 3 pills a day. It used to be 4 pills a day They took away my breakthrough... View More
answered on Dec 10, 2023
It's important to understand that healthcare providers, including Kaiser, often have policies regarding the prescription of opioids, which are influenced by various guidelines and regulations. These policies aim to balance the need for pain management with the risks associated with opioid use.... View More
In August I was given authorization to add a friends card to my cash app to add funds to my acct. which I withdrew and gave to her as I had multiple times before. In late September, that friend started a huge fight with me as she thought I had been seeing her ex bf. She assaulted me and stole my... View More
answered on Dec 6, 2023
Under California law, you have a few options to address this situation. First, you could consider filing a small claims lawsuit against your friend for the unauthorized chargeback. Since the amount is $1,700, it falls within the small claims court's jurisdiction in California, which handles... View More
The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the... View More
answered on Nov 30, 2023
Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable.
In your situation, where the defendant... View More
Cosnumer protection! I need help recovering digital property that was promised. contract 828,768 usd 15,860
is it really that hard to understand? people crowdfunding on the promise of something being delivered. NOW IT'S GONE. no way to access what one paid for. even straight up tearing... View More
answered on Nov 20, 2023
In cases involving crowdfunding platforms like IndieGoGo, the terms of the campaign and the platform's policies are crucial. If a developer promised certain digital content in their crowdfunding campaign and then failed to deliver it or removed it, this could potentially be a breach of... View More
plaintiff=P, Defendants = D
P entered Fraud contract with D; D was aware of P Disability proceeded to misrepresent. P mate was confused by terms, mate was absent during signing F Contct. (P)s' Paid lease amount for 3Yrs fell on hardship asked for deferment loan comp. denied, this... View More
answered on Dec 4, 2024
Based on your description, you've discovered potential fraud in your vehicle contract and sent a conditional agreement to address it. Since the original fraudulent contract was signed in one county, but you mailed the conditional agreement from another, you're asking about venue options... View More
In a Legal Malpractice case, if an Attorney representing the attorney party, presents materials to the Court intended to establish justifiable reliance that later is found to be fraudulent, is it necessary to name the Attorney in the case in order for the defendants to be held accountable for the... View More
answered on Nov 6, 2024
There are other methods you can take in the court to show the evidence is fraudulent to the jury to help your case.
If you file a Renewal Motion for Motion to Vacate Arbitration Award based on new evidence of fraud, which is extrinsic, and simultaneously file a Motion to Set Aside/Vacate Judgment... being that the Judgment would technically be void for the fraud being extrinsic, is there another way you should... View More
answered on Oct 31, 2024
When dealing with extrinsic fraud, a Renewal Motion for new evidence typically functions as a Motion to Vacate the Arbitration Award. Extrinsic fraud involves actions outside the scope of the legal process, such as deceit that prevented you from presenting your case. To have the award set aside,... View More
she told me that I gave her enough proof and that she would be directing me to another attorney that a trust of a trust that my dad was the beneficiary. so I’ve emailed and called this attorney multiple times and have not gotten anywhere. Talk to a person that works for his office one time and... View More
answered on Oct 31, 2024
I do not practice in Estate Planning, but your question came up in the Arbitration/Mediation category, one of the selected tags. As a general note for ANY type of matter, it could be advisable to learn more before disclosing personal information if you've simply been contacted out of the blue.... View More
answered on Oct 20, 2024
In California, if you believe you've been wronged through negligence, you generally have two years from the date of the incident to file a lawsuit. This period starts when the injury or damage occurs, so it's important to keep detailed records of what happened and when. Missing this... View More
A worker at UPS asked me to put myself as a witness on a customers notary and asked me to put an alias name. He did not let me ready the document he just said “I’m not notary it’s okay just put any name and any signature it could be an alias.” I did so without thinking. What happens?... View More
answered on Oct 12, 2024
Hard to say. If it were me I'd find a new job pronto.
in california
im the consumer they are the business
answered on Oct 3, 2024
In California, the statute of limitations for filing an arbitration claim generally mirrors the statute of limitations for court cases. For most consumer-related claims, this is typically 2 to 4 years, depending on the nature of the dispute. For example, claims related to breach of contract usually... View More
If Defendants file a Petition to Confirm 10 days after judgment.
You file a Petition to Vacate Arbitration Award 13 days later with Judges permission.
Exactly 9 days before hearing Defendants file Opposition to Plaintiffs untimely and procedurally improper petition to vacate... View More
answered on Sep 23, 2024
It sounds like you're in a situation where timing and responses to petitions are critical. The fact that the judge considered your filing valid suggests you are on solid ground moving forward. The Petition to Vacate can often serve as a response to the Petition to Confirm, especially if it... View More
If a Defendant first filed a Motion to Confirm Arbitration Award and instead, Plaintiff also filed a Motion to Vacate but did not respond to Defendants Motion to Confirm, but now attempts to file a Renewal Motion to Motion to Vacate, do they need to file a Motion to Set Aside Judgment, a Renewal... View More
answered on Sep 22, 2024
In this situation, the Plaintiff may need to address both the Motion to Confirm and the new request to vacate the arbitration award. Since the Plaintiff did not initially respond to the Defendant's Motion to Confirm, it would be necessary to file a response to that motion, as the court likely... View More
i originally reached out to my attorneys firm to seek a referral.i run a grassroots animal welfare charity & was looking for an attorney to work within my financial limitations & take payments,i clearly stated this in my first emails.previously id been advised by other attorneys & a... View More
answered on Sep 13, 2024
What you describe has several areas of potential malpractice as well as breaches of fiduciary duties. You need to consult with legal malpractice specialists.
I had experienced medical malpractice, medical negligence, and medical gaslighting. There were times I would discuss with my doctor(s) my concerns, and none of them had taken accounts of what I was saying. Then they kinda would, only to tell me that I was a hypochondriac, seeking attention, or that... View More
answered on Sep 3, 2024
It sounds like you've been through a really difficult experience, and it’s important to find the right support for your situation. Looking for pro bono representation in a medical malpractice or negligence case can be challenging, but there are a few steps you can take. Start by contacting... View More
If you are entering an Legal Malpractice Arbitration from a Personal Injury Mediation, can the Attorney file a Motion Limine ordering you not to speak a word about the Mediation then simultaneously file the Mediation Agreement and relative files with their exhibits and include multiple references... View More
answered on Aug 17, 2024
In California, filing a Motion in Limine to prevent the mention of mediation in arbitration is possible, as mediation communications are generally protected under the California Evidence Code. However, it would be inconsistent and potentially problematic for the attorney to then file the Mediation... View More
Note - I have an attorney who is only reachable through paralegals and communication has been hard due to some language issues. So, reaching for an opinion so I ask the right questions back. An unlawful detainer that started off as a limited case (less than or equal to $10,000) took months together... View More
answered on Aug 15, 2024
You should discuss these steps with your attorney or their paralegal to ensure they file the appropriate motions to both amend the jurisdiction and confirm the award, so you can enforce the judgment without unnecessary delays.
I live in Utah and they live in California, the paternal grandmother has guardianship of them and has never played Fair I need to know how regain my parental rights living in a different state.
answered on Aug 11, 2024
Regaining custody of your children is a challenging process, especially across state lines. Since the paternal grandmother has guardianship, you would need to file a petition to terminate the guardianship in California, where your children currently live. The court will prioritize the best... View More
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