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SB 365 amends existing law and provides that a party appealing an order denying a motion to compel arbitration is not entitled to an automatic stay. In light of the Supreme Court's decision in Coinbase, Inc. v. Bielski, challenges to SB 365 on preemption grounds are expected.
How to file a Motion to Compel Arbitration Ensure you have a valid arbitration agreement. ... Make sure the dispute falls under the arbitration provision. ... Determine where the arbitration will take place. ... Seek help from an attorney. ... Decide with which court you will file your petition. ... Draft a Motion to Compel Arbitration.
In order to qualify as an arbitrator, you must have practiced law for a minimum of five years and be in current good standing with the State Bar of California. In addition, once every five years, you must attend a State Bar Fee Arbitrator training program.
CEB offers hundreds of California Judicial Council Forms at no charge.
The State Bar's Mandatory Fee Arbitration Program is an informal, confidential, and lower-cost forum for resolving fee disputes between lawyers and their clients. This kind of arbitration is required for a lawyer if requested by a client.
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. CCP § 1290.6.
Most fee arbitration is conducted through local bar association programs. To request fee arbitration, contact the local county bar program where the majority of legal services were provided, typically the county where the lawyer's office is located.
A petition to compel arbitration or to stay proceedings pursuant to Code of Civil Procedure sections 1281.2 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration.