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California Arbitration / Mediation Law Questions & Answers
Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

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

Neil Pedersen
Neil Pedersen
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

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Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

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

James L. Arrasmith
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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

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: In filing renewal motion for motion to vacate arb award, if 1st motion was to set hearing can you ask summary judgment?

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?

James L. Arrasmith
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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

1 Answer | Asked in Contracts and Arbitration / Mediation Law for California on
Q: What words to use to write an objection to an interrogatory question;

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.

James L. Arrasmith
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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...
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4 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for California on
Q: How do I provide ex's lawyer legal grounds for issues - negotiating a divorce settlement - Im not a lawyer

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

James L. Arrasmith
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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

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4 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for California on
Q: How do I provide ex's lawyer legal grounds for issues - negotiating a divorce settlement - Im not a lawyer

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

Tobie B. Waxman
Tobie B. Waxman
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

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: My lawyer for arbitration has not been honest with me.

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

James L. Arrasmith
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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

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3 Answers | Asked in Arbitration / Mediation Law and Business Law for California on
Q: I had cash a rolex and my engagement ring stolen when the hospital staff went through my backpack without me present

Total loss is about 100k would like to sue the hospit8⁶ÿal

James L. Arrasmith
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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

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Q: I filed a complaint against mobile home park for wrongful eviction and etc prop manager refused my space rent and set ev

Eviction took place after my space rent proof of whole year I payed and sold my mobile home I owned

James L. Arrasmith
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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

1 Answer | Asked in Arbitration / Mediation Law, Divorce, Real Estate Law and International Law for California on
Q: Filing a petition to confirm an foreign arbitration in California (updated question with more information)

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

James L. Arrasmith
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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

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
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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

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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
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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...
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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
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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

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
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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...
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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
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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

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: How can I contest an unfair Mandatory Fee Arbitration award in California?

I'm seeking guidance on how to contest an arbitration award resulting from a Mandatory Fee Arbitration with the State Bar of California. I believe the calculations in the award were unfair. Could you provide advice on the grounds for contesting this and the process involved?

Joel Gary Selik
Joel Gary Selik
answered on Apr 3, 2025

If it was not binding, you can file in superior court within the deadline.

If the arbitration was binding it is more complicated and you will need to either hire an attorney or do research.

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1 Answer | Asked in Arbitration / Mediation Law, Business Law and Securities Law for California on
Q: How to seek compensation for incomplete equity sale service by FINRA portal?

I paid $5,000 to a FINRA-regulated portal for a "Test the Waters" to conduct a Schedule CF equity sale of 10% of my company. The contract was in their favor, but stated if they didn't complete the raise, I could bring them to arbitration. After two years, we began the raise and I... View More

James L. Arrasmith
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answered on Apr 2, 2025

You have a strong case for arbitration against this FINRA-regulated portal based on the contract provisions and their failure to complete the contracted equity sale services. The first step is to compile comprehensive documentation including your contract, all email communications, proof of... View More

Q: Seeking itemized settlement and lien resolution advice in wrongful death claim

I'm receiving a settlement for a wrongful death claim from my parents' auto insurance. They deducted $12,000 from the liability claim I received from the at-fault driver, stating it was related to a wrongful death claim under underinsured motorist injury liability. When I asked for an... View More

James L. Arrasmith
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answered on Mar 23, 2025

You have the right to request a detailed breakdown of your settlement from the insurance company. While they might claim they can't alter their standard form, you can formally request an itemized settlement statement in writing, specifying that you need clarification on the $12,000 deduction.... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Arbitration / Mediation Law for California on
Q: What are my legal options regarding neighbor noise disturbances and landlord inaction in CA?

Since September 2024, I have endured persistent noise disturbances from my upstairs neighbor which include amplified music and vibrating bass that are audible and physically felt in my unit. Loud objects are frequently dropped or thrown on the floors above, and these disruptions often occur past... View More

James L. Arrasmith
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answered on Mar 17, 2025

You may have several legal options under California law for addressing your situation. In California, landlords have an obligation to provide tenants with a habitable living space, which includes ensuring that the premises are free from unreasonable disturbances that affect your quality of life.... View More

1 Answer | Asked in Child Custody, Child Support and Arbitration / Mediation Law for California on
Q: Child custody pickup responsibility dispute in CA without court

I have joint custody of my 11-year-old child with her father, and the court order requires us to meet at a police station for custody exchanges. Since I had the only car, I have been driving for the past 11 years. Now that my child's father has a car, he still refuses to pick her up from... View More

James L. Arrasmith
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answered on Mar 15, 2025

Since talking directly to your child's father hasn't led to progress, consider proposing mediation to help you both reach an understanding. Mediation is a neutral setting where you and he can openly discuss your concerns with the assistance of a third-party mediator, who can guide the... View More

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