Legal Question in Real Estate Law in California
Judgment in Arbitration
Arbitration hearing is set for a damages suit. One of the defendants, an elderly man 86 years old may not be able to attend the arbitration. Will a default judgment be taken just for him alone?
1 Answer from Attorneys
Re: Judgment in Arbitration
You do not say whether this is a "private" arbitration, or a court-ordered arbitration, but generally, if the arbitrator is informed that a party is too ill or too infirm to attend, some accomodation can be made; such accomodation might include appearing telephonically, or submitting written declarations under oath. Contact the office of the arbitrator and see what can be agreed upon by both the arbitrator and the opposing parties. What you do NOT want to do, is to simply ignore the hearing--that COULD result in a determination of default.
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