Rejection Of Award And Request For Trial After Attorney-Client Fee Arbitration (Alternative Dispute Resolution) {ADR-104} | Pdf Fpdf Doc Docx | California

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Rejection Of Award And Request For Trial After Attorney-Client Fee Arbitration (Alternative Dispute Resolution) {ADR-104} | Pdf Fpdf Doc Docx | California

Rejection Of Award And Request For Trial After Attorney-Client Fee Arbitration (Alternative Dispute Resolution) {ADR-104}

This is a California form that can be used for Alternative Dispute Resolution within Judicial Council.

Alternate TextLast updated: 5/30/2015

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COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address ): : : Plaintiff(s) TELEPHONE NO.: E­MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): ADR-104 Index No. Calendar No. FOR COURT USE ONLY : : : : JUDICIAL SUBPOENA -against- SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: Defendant(s) : . .BRANCH .NAME: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... ... PETITIONER: RESPONDENT: THE PEOPLE OF THE STATE OF NEW YORK FOR TRIAL REJECTION OF AWARD AND REQUEST AFTER ATTORNEY-CLIENT FEE ARBITRATION Jurisdiction (check all that apply): Action is a limited civil case Amount demanded does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 GREETINGS: Action is an unlimited civil case (exceeds $25,000) TO CASE NUMBER: NOTICE: Please read Alternative Dispute Resolution form ADR-105, Information Regarding Rights After Attorney-Client at the Court Feethe Honorable Arbitration, promptly and before completing this form. There are short deadlines for requesting court relief after an located at County of attorney-client fee arbitration award. Do not use this form to confirm, correct, or vacate an attorney-client fee arbitration award; use form ADR-103 instead. in room , on the day of , 20 , at o'clock in the noon, and at any recessed WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , or adjourned date, to testify and give evidence as a witness in this action on the part of the 1. Petitioner and respondent. Petitioner (name each): Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. alleges and requests relief against respondent (name each): Witness, Honorable Court in County, , one of the Justices of the day of , 20 2. Attorney-client fee dispute arbitration. This Rejection of Award and Request for Trial concerns an arbitration to determine disputed attorney fees that was conducted under Business and Professions Code sections 6200­6206. Petitioner was (Attorney must sign above and type name below) a. the attorney involved in the fee dispute. b. the client involved in the fee dispute. 3. Pending or new action. Attorney(s) for a. Pending action. A court case concerning the attorney-client fee dispute involved in the arbitration is already pending, and this Rejection of Award and Request for Trial is being filed in that action. b. New action. This Rejection of Award and Request for Trial is being filed with a complaint commencing a new action. (A request for trial must be filed in a pending case or with a complaint commencing a new action.) Office and P.O. Address Form Approved for Optional Use Judicial Council of California ADR-104 [New January 1, 2004] Telephone No.: Facsimile No.: E-Mail Address: REJECTION OF AWARD AND REQUEST FOR No.: Mobile Tel. TRIAL AFTER ATTORNEY-CLIENT FEE ARBITRATION (Alternative Dispute Resolution) Page 1 of 2 Business and Professions Code, § 6200 et seq.; Code of Civil Procedure, § 1285 et seq. American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : PETITIONER: RESPONDENT: CASE Index No. NUMBER: : Calendar No. 4. Arbitration hearing. The arbitration hearing was conducted as follows (complete each of the following): : JUDICIAL SUBPOENA Plaintiff(s) a. Date (each date of arbitration): -againstb. Location (city and state where arbitration was conducted): c. : Appearances at the arbitration. The arbitration hearing was conducted: as follows (check one of the following): (1) (2) Petitioner appeared at the arbitration hearing in person or by counsel. Petitioner did not appear at the arbitration hearing. Petitioner's failure to appear was not willful because (explain reasons for not appearing): : Defendant(s) : ...................................................... 5. Arbitration award. a. Date of award. The arbitration award was made on (date): b. Amount of award. The arbitration award (complete one of the following): (1) the attorney the client to pay the other party this amount: $ requires TO (2) requires neither the attorney nor the client to pay the other anything. c. Failure to appear. The arbitrator found that the following party willfully failed to appear at the arbitration hearing: Petitioner (name each): Respondent (name each): GREETINGS: (1) (2) Other provisions of award. The award also provides (specify other terms or complete item 5e and attach a copy of the WE award): COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before THE PEOPLE OF THE STATE OF NEW YORK d. , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the e. Attachment of award. A copy of the arbitration award is submitted as Attachment 5(e). Your failure to comply with this subpoena is punishable as a contempt after notice of the make you liable to 6. Notice of award. This Rejection of Award and Request for Trial is being filed within 30 daysof court and will award was mailed to petitioner. (A on whose behalf this subpoena was is requesteda maximum penalty of $50 of awarddamages sustained as a the party trial after arbitration is available only if it issued for within 30 days after the notice and all was mailed to the party requesting the trial.) result of your failure to comply. a. The notice of the award indicates that it was mailed to petitioner on (date): b. Witness, Honorable Court in County, Petitioner alleges that the award was actually mailed on (date): , one of the Justices of the day of , 20 7. 8. 9. Nonbinding arbitration. The parties did not agree in writing, at any time after the dispute over attorney fees or costs arose, to be bound by the arbitration award. (A trial after arbitration is not available if the parties agreed in writing after the dispute arose that the award would be binding.) (Attorney and requests and type name below) Rejection of award and request for trial. Petitioner rejects the

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