Legal Question in Consumer Law in California

Re: Mandatory Arbitration

ROFL

The arb won't render a default judgment??!?

If he won't show for the arb, he probably won't respond to the summons and complaint, and you'll get a default judgment.

Or if he's smart he'll file a motion to compel arbitration....

Re: Mandatory Arbitration

It would be helpful to review the clause - but you could always file in court and then serve him.

Typically what happens is a party will sue in superior court, serve the opposing party and then both parties stipulate to remove the case to arbitration. If he fails to answer your complaint in superior court, then you move for default judgment. What efforts have you tried to compel arbitration? Feel free to contact me if you would like to discuss, we work with clients throughout the state.

Warmly,

Bryan

877.201.8728

Re: Mandatory Arbitration

Proceed through mandatory arbitration, even if the other party does not show up. But make sure you have evidence that he has been properly served/notified of the arbitration, according to the rules of the arbitration forum!

Prove your case without him, get an arbtration award, get the award converted into a judgment, and collect the judgment.