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Your Legal Corner - Client Alert Blog

New California Protections For The Little Guy in Arbitration Proceedings

Written By: Melissa C. Marsh, Esq., California Attorney, January 2017 Add to Favorites

On September 25, 2016, Governor Jerry Brown signed Senate Bill 1007 into law. Senate Bill 1007, codified in Section 1282.5 of the California Code of Civil Procedure, provides new protections for the little guy (including consumers and employees) in arbitration proceedings. Senate Bill 1007 gives any party to an arbitration proceeding "the right to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing as the official record." Previously large companies and employers could unilaterally demand that any dispute or claim be heard by an arbitrator. The arbitration forum, and the judges that preside at them, can render rulings and judgments that often did not comport with the law. If there is no record… if there is no transcript….how can such a wrong be righted? California Code of Civil Procedure §1282.5 requires all arbitrators in the state of California to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing so there is an official record if either party makes a request: (1) in a demand for arbitration, answer, or counterclaim or (2) at a pre-hearing scheduling conference at which the deposition, proceeding or hearing is being calendared. The law also provides that in a consumer arbitration, a certified shorthand reporter shall be provided upon request of an indigent consumer, as defined in California Code of Civil Procedure §1284.3, at the expense of the nonconsumer party.

Now the only question is if the average person, who is not indigent, can afford to pay for the certified shorthand reporter, which in my opinion is a must.

Posted In: Business Law Bulletin  Corporate Client Bulletin  Employment Law News  Real Estate Reporter 

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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.

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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.