- California Mandates Written Disclosure of Mediation Confidentiality
(posted: Nov 12, 2018)
Reminder: Starting January 1, 2019, Section 1129 of the Evidence Code will require written disclosure by attorneys to clients about the confidentiality requirements in mediation. A sample disclosure form is included.
- New Rules of Professional Conduct in California
(posted: Oct 30, 2018)
Starting November 1st, new rules apply to all lawyers practicing in California. Here we review just a handful of the bigger changes.
- Law Library Foundation Fundraiser & Mixer
(posted: Oct 12, 2018)
Save the Date: October 18th from 5pm to 7pm. Cocktails and refreshments will be served, and James P. Fox will be our guest speaker. Come mix and mingle while supporting the San Mateo County Law Library.
California Requires Timely Payment of Fees & Costs for Mandatory Arbitration
posted: January 10, 2020
On January 1, 2020, SB707 went into effect, amending Code of Civil Procedure Sections 1280 and 1281.96, and adding sections 1281.97, 1281.98, and 1281.99.
The bill provides remedies and procedural options to employees and consumers who were forced to sign a mandatory employment arbitration agreement. More specifically, a company's failure to pay all, or parts of the fees or costs required for arbitration within 30 days of their due date constitutes a breach of the arbitration agreement. It also provides that the company is subject to sanctions, and that the company waives its right to compel the employee or consumer to the arbitration process. Consequently, the employee or consumer has several options, including moving the matter to court and pursuing the payment of the fees with a court order, or the ability to recover all attorney's fees and costs due to ending the arbitration proceeding.
This bill was enacted to protect employers and consumers from those companies who obstruct arbitration by refusing to pay the required fees. Employers, service providers, or vendors will need to pay fees and costs on time in order to avoid sanctions and losing the right to compel arbitration.