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Sample opposition to motion to compel discovery california

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The document is a legal memorandum opposing the defendants' motion to compel arbitration. It argues that the defendants have not formally demanded arbitration, rendering their motion premature. Additionally, it contends that the arbitration agreement is invalid as it is not a contract and is unconscionable due to its one-sided nature, requiring only employees to arbitrate disputes while exempting the employer. The memorandum also asserts that the defendants have waived their right to arbitration by engaging extensively in litigation and discovery processes, which has prejudiced the plaintiffs.

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What happens if I reject an arbitration agreement?

If you continue to work after you are informed that a forced arbitration agreement governs your employment, you may be bound by it, even if you refuse to sign it. If you quit or if you are fired for refusing to sign the agreement- you may not have any grounds to sue.

How long do you have to respond to a motion to compel arbitration in California?

File Response Within 10 Days A response must be served and filed within 10 days after service of the petition. CCP 1290.6. If the petition is served by mail outside California, the response must be served and filed within 30 days after service of the petition.

What happens if a party refuses to arbitrate?

If you dont respond to a validly issued arbitration notice then the proceedings can continue without your participation (ex - parte) and a binding award may be rendered by the Arbitrator.

What is the deadline to file an opposition to a motion to compel in California?

(b), and Cal. Rules of Court, Rule 3.1300.) Oppositions to motions to compel must be filed no later than 9 days before the hearing. Replies must be filed no later than 5 days before the hearing.

What if one party refuses arbitration?

Consequences of Refusing Arbitration: The non-complying party may be held liable for damages resulting from the breach. Motion to Compel Arbitration: The party seeking arbitration may file a motion with the court to compel the non-participating party to participate in the arbitration process.

application to compel discovery

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What happens if someone doesnt show up to arbitration?

If the defendant doesnt show up, and no valid reason is given for his/her absence, the arbitrator will hear the plaintiffs claim and make a decision based on the plaintiffs evidence in the defendants absence.

Who has the right to decline arbitration?

Residents or their representatives have a 30-day right of rescission, i.e., they can cancel the arbitration agreement. The agreement must be explained to the resident or their representative in a form, manner and language that they understand, and they must acknowledge that they understand the agreement.

How do you respond to an opposition to a motion to compel discovery in California?

If the other attorney or party opposes your motion, you may choose to serve and file a reply to the opposition at least five court days prior to the motion. CCP 1005. It must be served by overnight mail to reach the opposing party no more than one day after it is filed.

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What happens if I reject an arbitration agreement?

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What if one party refuses arbitration?

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