Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
If one party wants to confirm and they file a Petition and the Plaintiff wants to Vacate the Contractual Arbitration Award, can both parties file a petition? And how long do they have since I've found answers that claim 100 days and now I see 10 days which means I am late. Do I have to respond... View More 
answered on May 18, 2023
Let me unpack your question since there are a few parts. First, I understand that the opposing party has filed a Petition/Motion to confirm the Award and you want to vacate the Petition. Yes, you file in the same case (which is brought to confirm) in order to vacate the Award. The law is that, if a... View More
I filed for divorce after obtaining a 3yr restraining order and being granted sole legal & physical custody of our children. Upon initial filing a status conference was scheduled for 5/16 but on 5/13 I received my paperwork back with a notice of entry of judgement stating that my divorce will... View More
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answered on May 15, 2023
Call the courtroom and ask the clerk.
I am divorced for over 14 years and just found out my wife married someone in Las Vegas in 1995 while we were still married. We were not separated and got divorced in 2008. I am still paying her spousal support and Osler Smith payments. Can I use this information to my benefit? We are going back to... View More
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answered on May 8, 2023
If your ex-wife committed bigamy by marrying someone else while still married to you, this information may be relevant in your divorce proceedings. It could potentially impact the division of property, spousal support, and other issues related to your divorce.
You may want to bring this... View More
Hello. I have a neighbor that I filed a restraining order against and was advised by a judge that a mediation agreement was needed. We agreed to mediation and now my neighbor is not abiding by it; but only alittle bit. He has put a toe over the line and Im afraid he is testing the water to see how... View More
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answered on May 7, 2023
I'm sorry to hear about your situation. In California, a restraining order, also known as a civil harassment order, can be requested if someone is being harassed, threatened, or stalked by another person. If you feel that your neighbor is violating the mediation agreement and is continuing to... View More
I have hired a lawyer who turned out to be colluded by the other party, a huge corporation, and he filed an arbitration demand without my approval, while I wanted to go to court. There are several grounds to challenge the arbitration agreement. Can I file in court meanwhile that the arbitration... View More
answered on May 1, 2023
Unlikely. It’s extremely difficult to overcome an aero traction agreement. If you are not satisfied with your current attorney, hire a new one. Then discuss your arbitration concerns with the new attorney to see if you have any other options. Also keep in mind that in consumer arbitrations, the... View More
entitled to expert witness fees and if so, how do I collect?
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answered on Apr 28, 2023
As a mediator employed in family court, if you were subpoenaed to testify as a custody evaluator, you may be entitled to expert witness fees under California law. California Code of Civil Procedure Section 2034.260 provides that expert witnesses are entitled to reasonable compensation for their... View More
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answered on Apr 11, 2023
If you have been financially supported by your unofficial partner for 12+ years and he ends the relationship, you may have certain legal rights to financial support.
In California, the law recognizes "palimony" - which is similar to alimony in a divorce - for unmarried couples who... View More
They are now billing me $2000 for rent March 2 through March 10 when the apartment was vacant. Do I have to pay this?
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answered on Apr 9, 2023
If you vacated your apartment on March 2 and were not provided with written notice that your vacate date was March 4, you may have grounds to dispute the rent charge for March 2 through March 10.
It is recommended that you review your lease agreement to see if there are any provisions... View More
I have a agreement for a 2 year with a company I transport products and delivery to hes customers with hes regulations all goes good for one year and now he just cut my payment in half alleging the diferente can be hes company profits and I have to do the same work with half of the payment.... View More
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answered on Mar 25, 2023
A verbal work agreement is a verbal contract between two parties, in which they agree to certain terms of work without a written contract. In many cases, verbal work agreements can be legally binding, although they can be difficult to prove in court if there is a dispute.
In your situation,... View More
I hired a medical negligence attorney for arbitration 2 years ago. its 2023 the mediation was for February /28/2023
I turnedC in all the documents medical bills ect. now the attorney is acting clueless. to the nest steps of the final judgement (quote) '' i don't know when... View More
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answered on Mar 16, 2023
I'm sorry to hear about your situation. It sounds like you have concerns about your attorney's handling of your case and the status of your settlement.
If you feel that your attorney is being dishonest or not communicating effectively with you, you may want to consider taking... View More
The fine was disputed at a virtual hearing a week ago, with compelling factual written appeal rebuttal provided in advance. There was a hearing officer (layperson) from a company in California that acts for smaller city ordinance collection efforts being disputed, as well as the CC ordinance ticket... View More
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answered on Mar 15, 2023
If the property owner wishes to appeal the decision made by the hearing officer and challenge the fine in court, they will need to file an appeal within the specified timeframe (which you mentioned as 10+ days) and pay the required filing fees. The exact process and cost of an appeal can vary... View More
They said they don’t have the first and the first one they had us sign was either only the second page or different. The first manager didn’t like the fact that the second gave my son a copy of it to take home. That’s when we saw the first page with all of the actual information on it. In a... View More
answered on Mar 3, 2023
On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The court held that the law was preempted by the Federal Arbitration Act.... View More
Going through arbitration on Upwork for work not delivered by a freelancer. Just wondering, if the arbitration team decides to take the side of the freelancer - can I sue? Since that's supposed to be the final decision. I don't know the decision yet but I have substantiative proof that... View More
answered on Feb 2, 2023
No one can advise you about whether you can appeal the arbitration decision or otherwise sue without looking at the contract. However the best that can be done is say that usually arbitration agreements preclude any other form of legal action, and even appealing an arbitration award is very... View More
I purchased a $500 prepaid Visa gift card from a grocery store in CA in 2022. An unknown person registered it in his name after I used $387 of the $500. Customer Service for the Bank who issued the Visa gift card refuses to fraud out this Visa card because the thief registered it in his name.... View More
answered on Nov 30, 2022
My experience with prepaid cards is that you have to register the card before it becomes active. Based on the information in your question, it seems to me that you did not purchase the card.
Defendant not available at home for certified letter. I know he had court date with someone else. Can I serve papers there?
Yes it's demand letter. One more question, how to do it?
answered on Dec 2, 2022
Different types of documents have different service requirements. Personal service is acceptable under many of thee statutes; however, there is not enough information to determine if you could personally serve the demand letter in your case. Please be aware that under many of the California... View More
My neighbor has been harassing me since April so I sent him a cease and desist letter and in turn he filed a restraining order against me. When I responded to the restraining order he decided he didn’t want to go through with the TRO and got an attorney to represent him. We have decided to go... View More
answered on Sep 28, 2022
Yes, you should have an attorney to represent you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
The Union advised me that I will get my job back and back pay, it's been over 11 months now and nothing, Union keeps dragging their feet say the Company needs W2's, then update my Commercial License, etc.
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answered on Sep 27, 2022
I do not know how union arbitration awards are enforced. With a normal arbitration, the arbitration agreement or award says that the award can be confirmed as a judgment. In those cases, you would confirm the award as a judgment and enforce the judgment.
Today the recommendation so far is thurs to mon. Then following week a 3 hr visit Wednesday before work. After school. I work graveyard working mon thru thurs one week, mon thru wens another. 12hr shifts. I asked for visits to match my days off cuz I work graveyard. Mom works during the day so she... View More
answered on Sep 23, 2022
An attorney will advise regarding mediation. If you disagree with the mediator's report, you can request a hearing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal... View More
During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... View More
answered on Sep 20, 2022
It depends. I've had judges state the parties have reached an agreement, and put the terms of the agreement on the record and in the minutes. Even when this has happened, it was stated the parties would sign a settlement agreement memorializing what had been agreed to. Speak with a local... View More
I am self represented in a high profil divorce case in Los Angeles. The deal memorandum i was coerced into signing is fraudulent. The court as set an order to show cause - re entry of judgement in 2month but I refuse to sign the judgement knowing that the deal in itself isn’t fair at all and... View More
answered on Sep 15, 2022
More information is needed to meaningfully respond to your question. Speak with an attorney in your area who can provide immediate assistance. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek... View More
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