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California Arbitration / Mediation Law Questions & Answers
Q: I submitted a "Grievance" report to ECHO homeless center's management, on June 27th, 2024; No word back. FTC,and Lawyer?
Tim Akpinar
Tim Akpinar
answered on Jun 30, 2024

It could take more time for a response, since only two days have elapsed. Also, being close to a weekend and major holiday could impact response time. Good luck

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I went into McDonald's asking for help for some one to call 911 for paramedics non of the employees helped

I already filed a complaint with with a case number

James L. Arrasmith
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answered on May 11, 2024

I'm so sorry to hear that you experienced this distressing situation. It must have been very frightening and upsetting to urgently need help and not receive it from the McDonald's employees. A few thoughts:

First and foremost, if you are still in need of emergency medical...
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1 Answer | Asked in Antitrust and Arbitration / Mediation Law for California on
Q: Is Bucher Law Firm real, and are they actually doing arbitrations against Steam?

I can't tell if it's a scam or not, because it's an actual person and law firm, but some are just confused.

James L. Arrasmith
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answered on Mar 19, 2024

If you suspect you've encountered a scam, do not engage with the scammer. Instead, report the scam to the appropriate authorities and alert your bank or credit card provider if financial information was compromised.

4 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Small Claims for California on
Q: getting Mediation going in circles.

i submitted case DR23-11933 and DR23-11464 to the L.A. County department of consumer affairs and they tried to reach the business in question for mediation.

The company I'd like to mediate with is

square enix. 999 N. Pacific Coast Highway, 3rd Floor, El Segundo, CA 90245, U.... View More

George Steven Louis
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answered on Nov 6, 2023

As a mediator arbitrator myself I always find it rather difficult to get the individuals to the table so that we can work things out letters don't always seem to cut the mustard therefore I enjoy trying to call the parties so the mediation can have an opportunity to work.

These your...
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5 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney/Client have a valid Arbitration Clause between them in California, can the case be heard at a private forum?

In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:

What type of Arbitration is it, i.e., consumer, employment, etc.? and

Can the case be heard at a private forum not normally designated for... View More

Kenneth Sisco
Kenneth Sisco
answered on Oct 18, 2023

Typically, the Arbitration clause itself describes the terms of the Arbitration, however, whether it does or not, the parties can agree on any terms they want, including waiving the Arbitration Clause altogether.

Personally, especially, in Legal Malpractice cases, I despise Arbitrations....
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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Would you compel arbitration? or file a motion to dismiss based off of improper venue?

Contractor filed a civil suit. Has an arbitration clause in contract. He also filed a lien he never enforced which is way past 90 days.

What is the best approach as a defendant?

James L. Arrasmith
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answered on Oct 17, 2023

Given the presence of an arbitration clause in the contract, a motion to compel arbitration would be a typical approach in California when faced with a civil suit. Arbitration clauses are generally enforceable unless they're unconscionable or otherwise violate public policy. By compelling... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: If my spouse gets half of my 401k, am I entitled to half of the pension payments she has received during the marriage?
James L. Arrasmith
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answered on Oct 15, 2023

In California, the community property laws dictate that assets and debts acquired during the marriage are generally considered equally owned by both spouses. This means both the 401(k) and pension payments accrued during the marriage are typically divided equally upon divorce. If your spouse is... View More

1 Answer | Asked in Family Law and Arbitration / Mediation Law for California on
Q: What do I do when my child’s mother isn’t following mediation orders or visitation?

I have a mediation order with my childs mother, shes not following it or allowing me to speak or see my child.

Can I call law enforcement to enforce the order?

James L. Arrasmith
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answered on Oct 9, 2023

If the child's mother is not adhering to the mediation order, you have the right to return to court to seek enforcement of the order. Documentation of instances where the order was breached can be beneficial. It's essential to consult with an attorney to understand the best course of... View More

Q: Company installed solar panels 2/2023 as of today 9/13/23 it is not generating power no PTO. Do I have a case?

Permit/inspection by City of West Sacramento had a few non compliant items the contractor has failed to correct. In addition, they failed to complete form correctly to obtain Permission to Operate with PG&E utility company. To date the panels have been sitting on my roof not generating any... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear about your troubling situation. In California, consumers in your position have several avenues for recourse including continuing to pursue the complaints filed with the State Contractors License Board and the Better Business Bureau. Moreover, considering reaching out to the... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Legal malpractice by attorney taking a settlement I refused. They stood me up for Mediation. Then took settlement.

Zero, pros/cons, discussion, zero

Showing or telling amount of itemized

Dr/Attorney Bills..Attorney zero call from attorney

to solve Misunderstanding about

Settle or court. Just blocked me

out and bullying me to docusign.

I have not signed. Until I... View More

James L. Arrasmith
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answered on Aug 15, 2023

It appears that you may have a valid claim for legal malpractice based on your attorney's actions. It's important to consult with another attorney to evaluate the details of your case, assess the potential damages, and determine the best course of action. Keep all communication and... View More

Q: Can action be taken against the tenant for parking violation without proper notice of change in said parking rule?

On Thursday afternoon, I returned home and parked in an unmarked stall. On Friday, I reached out to property management regarding another business matter. At that time, I was verbally notified that the stall I was still parked in had been modified. The stall is now marked 'manager'.... View More

Leon Bayer
Leon Bayer
answered on Jul 31, 2023

I find this interesting. Why don't you just move your car? They keep asking you nicely to move it. Yet you seem intent on escalating the situation. Isn't it worth the small inconvenience of limited parking and "mismanagement" to have your rent subsidized?

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Civil Rights for California on
Q: I have been scammed by trustwallet.com which is located in California .they stole my fund . I want to sue them.

I have been scammed by trustwallet.com which is located in California . they conspired with ephko.top to withdraw my fund without my permission. I have all the evidence against them . I am seeking my money and the damages i got because of them . I am diabetic and because of them my... View More

James L. Arrasmith
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answered on Jul 21, 2023

As James L. Arrasmith, Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith, I understand the gravity of the situation you are facing. To pursue legal action against trustwallet.com and ephko.top for the scam, it is essential to take immediate action. Contacting an experienced... View More

3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: In Mediation, I acepted offer verbally, but I changed to no later. Employer threat for motion withut sign, is it alowd?

In Mediation meeting, I accepted offer verbally, but I changed to "no" later. Employer now have threaten for motion without my sign, is it allowed?

Thanks.

I have not signed any document before going to mediation, nor I have authorized to sign on my behalf. Also, My... View More

T. Augustus Claus
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answered on Jul 18, 2023

In mediation, it's crucial to understand the terms of any agreements or offers being discussed. Verbal agreements can carry weight, but the specifics depend on the circumstances and any written documentation involved.

If you changed your mind and decided not to accept the offer, you...
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2 Answers | Asked in Arbitration / Mediation Law, Collections, Gaming and Lemon Law for California on
Q: 2004 Weekly Grand non-registered "Entry to the Big Spin", Lottery Ticket Mailed directly to CA Lottery in the usps.

$20,000,000.00found out 2004 has ACTS 19,***, lefislation regarding my focal interests.

Leon Bayer
Leon Bayer
answered on Jul 15, 2023

What is your question?

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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

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: how can I take wells Fargo for arbitration which is part of contract, but now they refuse to even answer my request for

arbitration they are the one who asked for arbitration, but when they found out i am 90 years old and poor health, they are ignoring my appeal to go for arbitration clause or choose an arbitrator.

Steve A. Buchwalter
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answered on Jun 2, 2023

If there is an arbitration agreement, it should be in your account opening documents. If your dispute is with the securities part of Wells, you can can get more information on filing it here: https://www.finra.org/arbitration-mediation.

You should get an attorney to represent you as they...
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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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