California Employment Law
California Employment Law Questions Answered by Legal Experts
did anyone tell you not to appear from the arbitration assoc?
If dismissed due to non appearance, it would normally be without prejudice and not on the merits
you can ask the association to restore or file again since never decided on the merits
let me know if I can clarify anything
no one told me not to appear I was told that either the arbitrator would recuse himself or he would stay and reschedule or I would have to start all over again. The arbitrator decision was prejudicial dismiss. what can I do
You need to ask the arbitrator to reconsider or appeal
preferably through a lawyer
If you never got notice to appear, that would be good basis
as you cannot appear where had no notice to do so or misled not to appear.
If you are satisfied that your question has been answered, please select ACCEPT so that I receive credit for the answer.
If I can clarify anything, of course, ask meIf the accept button is not working, please let me know. If you have a moment to leave positive feedback after accepting and/or wish to leave a bonus, always appreciated.
I was given a date for my hearing and when the opposing attorney entered information through my deposition that compromised my case even when the arbitration ass instructed us to keep info confidential between them, me and the opposing attn. I was instructed to submit a request to remove the arbitrator...he had already demonstrated bias towards me. so the AAA told me that date would be used for the three things I listed above
but were you told that doing so would suspend the case?
usually that would be considered but case continues on
if you were misled into not attending, then that is grounds for reconsideration/appeal
I hope the answer is clear and acceptable.
So the arbitrator sent an email saying that if I do not have substantial and reliable reason this decision would stand. I realize I should have attained an attorney. how should I word this and why is this prejudicial dimissed. How can I challenge the association for telling me only the three things would happen ...if I did not attend. no one told me he could rule against me otherwise I would have gone.
You would want to raise it through a lawyer for getting it restored
basis should be lack of notice to attend
that you thought you need not attend given the application
and as you are not a lawyer did not understand
and wish to be heard on the merits
Having it come from a lawyer increases your chances!
should i write in my statement that to the arbitrator that I want to raise this through a lawyer the ass is telling me to send all corespondence thru them but they did not hold the attorney to that request which is why i had to submit the request to remove the arbitrator. what is prejudicial dimissed
I was temporarily kicked off my internet connection
dismissed with prejudice means it cannot be refiled
so for this reason you need to pursue through the association reconsideration of the decision or appeal per their internal rules.
I requested reconsideration and the arbitrator gave final ruling to dismiss with prejudice. How do I appeal the arbitrators decision...what is the next court level I should take this to. Thank you kindly
I received final ruling from arbitrator.my case dismiss with prejudice because I did not attend hearing...I was told by AAA that hearing was to discuss my request to remove arbitrator. I submitted request via email. How can I appeal this ruling, Please respond
NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.
And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).