Ask a Question

Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Arbitration / Mediation Law Questions & Answers
2 Answers | Asked in Gov & Administrative Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Please advise on filing Federal complaint.

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

2 Answers | Asked in Arbitration / Mediation Law, Business Law and Landlord - Tenant for California on
Q: My best friend owns a small business with her ex husband in California. It runs as a corporation of 2 people.

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

View More Answers

Q: Kaiser is saying that their policy for opiods is 50 mme a day for chronic pain patients that have severe pain. T or F?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

3 Answers | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: What legal action can I take against cashapp?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

View More Answers

Q: Is a signed mediation agreement reached during small claims court a legal binding contract?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

View More Answers

1 Answer | Asked in Arbitration / Mediation Law, Consumer Law, Contracts and Business Law for California on
Q: Consumer protection. Removal of what was promised via a crowdfunding campaign

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Arbitration / Mediation Law for California on
Q: can i change of venue if conditonal aggreemnt was mailed in diff county than fruadulent orig. contract was signed?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

2 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney in legal malpractice presents false material to Court, do you need to name them in the case?

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

Joel Gary Selik
Joel Gary Selik
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.

View More Answers

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If Renewal Motion for new evidence is extrinsic fraud is a Motion to Set Aside/Vacate correct? How does it become void?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

2 Answers | Asked in Estate Planning, Arbitration / Mediation Law and Probate for California on
Q: I was contacted by an attorney who needed me to prove I was the heir of my Late dad.

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

Tim Akpinar
Tim Akpinar
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

View More Answers

1 Answer | Asked in Arbitration / Mediation Law and Consumer Law for California on
Q: what are the statutes of limitations for negligence and mis representstion towards the consumer in california
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

Q: Employer at UPS asked me to put myself as a witness on a customers notary and asked me to put an alias name.

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

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 12, 2024

Hard to say. If it were me I'd find a new job pronto.

View More Answers

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: what are the statutes of limitations for an arbitration case to be presented to the business and arbitration association

in california

im the consumer they are the business

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If defendant makes claims such as untimely but the Judge's order considers the filing valid can you safely move forward?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Plaintiff wants a renewal motion to vacate arbitration award but didn't file response defs motion to confirm then what?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

Q: I believe I am the victim of predatory lawyering; bait & switch, ethics violations, and the breach of fiduciary duties.

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

Joel Gary Selik
Joel Gary Selik
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.

View More Answers

1 Answer | Asked in Medical Malpractice and Arbitration / Mediation Law for California on
Q: How can I go about looking for representation on on medical malpractice and medical negligence lawsuit for pro bono?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Can an Attorney file a Motion Limine to prevent Mediation mentions then file the Agreement w/exhibits and address court?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for California on
Q: Arbitration award on Unlawful detainer, motion to confirm judgement or needs motion to amend limited to unlimited?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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.

1 Answer | Asked in Family Law, Child Custody, Child Support and Arbitration / Mediation Law for California on
Q: I need help in regards to child custody my in-laws have my children and I'm their mother who still has my parental right

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.