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I am looking to file a motion to force arbitration in an unlimited

civil case in california. Does...
I am looking to file a motion to force arbitration in an unlimited civil case in california. Does anyone know where I can find either some kind of template or another example that I could look at to draft my own?
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Answered in 4 minutes by:
6/20/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am providing a generic sample below - this should be helpful.

[caption] - TITLE AND PARTIES (just copy of their filing)

Motion to Compel Arbitration (centered)

NOW COMES Movant, YOUR NAME, named Defendant/Plaintiff in the above-entitled and numbered cause, and files this Motion to Compel Arbitration, and shows the Court:

1. Plaintiff and Defendant’s matter is controlled by the document entitled ______, attached hereto as Exhibit A.

2. In paragraph __ of said document, both parties are compelled to arbitration, mainly: (verbiage)

3. As such, Movant requests that the Court stays the matter and compels both parties to mandatory arbitration as required in ______.

PRAYER
Movant prays the Court, after notice and hearing, enters an order in favor of Movant and compels arbitration, and such other and further relief as Defendant may be entitled to in law or in equity.

Respectfully submitted,
Your Signature
Your name


(NEW PAGE)

CERTIFICATE OF SERVICE (centered)

I certify that on (date filed) a true and correct copy of Movant’s Motion to Compel was served to the opposing party.

Your Signature
Your name


I hope this helps. Best of luck.

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Customer reply replied 4 years ago

That's a big help. Thanks. The reasons for arbitration are they they just where I state why I feel there should be arbitration?


 


My issue is with a former employer and we signed an arbitration agreement but it has been "lost" so there's no record of the one I signed, but it's their basic policy to have everyone sign them and I did sign one.

Friend,

That's a big help. Thanks.

You got it.

The reasons for arbitration are they they just where I state why I feel there should be arbitration?

Yes.

My issue is with a former employer and we signed an arbitration agreement but it has been "lost" so there's no record of the one I signed, but it's their basic policy to have everyone sign them and I did sign one.

If so, then the verbiage of course should be modified (and again, this is just a sample) to reflect that while one does not have their original arbitration agreement, that every employee needs to file one. The arbitration agreement with your signature may still be in their files, and if so, may be subpoenaed or found via legal discovery.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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).

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