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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34385
Experience:  Retired (mostly)
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After receiving information from the last attorney. and speaking

Customer Question

After receiving information from the last attorney. and speaking w the arbitration ass. I was told to submit another formal request to have the arbitrator removed or ask him to recuse himself from my hearing. I submitted the request and was told he would decide. I did not go in because I submitted t the arbitration in writing. The arbitrator made a decision to dismiss my case because I was not there. What can I do about this.l.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  nyclawyer replied 3 years ago.

INFOLAWYER :

did anyone tell you not to appear from the arbitration assoc?

INFOLAWYER :

If dismissed due to non appearance, it would normally be without prejudice and not on the merits

INFOLAWYER :

you can ask the association to restore or file again since never decided on the merits

INFOLAWYER :

welcome

INFOLAWYER :

let me know if I can clarify anything

Customer :

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

INFOLAWYER :

You need to ask the arbitrator to reconsider or appeal

INFOLAWYER :

preferably through a lawyer

INFOLAWYER :

If you never got notice to appear, that would be good basis

INFOLAWYER :

as you cannot appear where had no notice to do so or misled not to appear.

INFOLAWYER :

If you are satisfied that your question has been answered, please select ACCEPT so that I receive credit for the answer.




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Customer :

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

INFOLAWYER :

but were you told that doing so would suspend the case?

INFOLAWYER :

usually that would be considered but case continues on

INFOLAWYER :

if you were misled into not attending, then that is grounds for reconsideration/appeal

INFOLAWYER :

I hope the answer is clear and acceptable.

Customer :

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.

INFOLAWYER :

You would want to raise it through a lawyer for getting it restored

INFOLAWYER :

basis should be lack of notice to attend

INFOLAWYER :

that you thought you need not attend given the application

INFOLAWYER :

and as you are not a lawyer did not understand

INFOLAWYER :

and wish to be heard on the merits

INFOLAWYER :

Having it come from a lawyer increases your chances!

Customer :

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

INFOLAWYER :

Hello

INFOLAWYER :

I was temporarily kicked off my internet connection

INFOLAWYER :

dismissed with prejudice means it cannot be refiled

INFOLAWYER :

so for this reason you need to pursue through the association reconsideration of the decision or appeal per their internal rules.

Expert:  socrateaser replied 3 years ago.
Hello,

My colleague is not qualified to answer California Employment Law questions at justanswer.com -- neither were any of the other experts who have previously answered you. The problem is that your questions were posted by you outside of the California Employment Law category, which permitted anyone to answer. However, once it became obvious that you were asking questions about California Employment Law, your most recent question was transferred to the appropriate category, and consequently, there are only a handful of experts here who are qualified/permitted to answer.

That said, if you would like to discuss your circumstances further, I would be happy to assist. However, I would appreciate it if you would pose a succinct question(s) for me to answer, because I do not have time to review and evaluate each of your previous Q&A sessions, in order to determine whether or not the answers you have already received are correct.


Thanks in advance.
Customer: replied 3 years ago.

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

Customer: replied 3 years ago.

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

Customer: replied 3 years ago.
waiting on answer
Expert:  socrateaser replied 3 years ago.
Under AAA Employment Rules 40, once an award is made, it cannot be modified except as to clerical, typographic or technical errors. If the award is a dismissal, then you will have to ask the Superior Court to vacate the award and order the arbitrators to reconsider the matter, pursuant to Cal. Code Civ. Proc. 1286.2(a)(5), or the correlative federal law 9 U.S.C. 10(a)(3).

Based upon your statement that you received a ruling that the case was dismissed, in my opinion, the arbitrator has no further power to consider the matter and you must request that a court review and vacate the ruling as if it were an award.

Hope this helps.

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.


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