Mark K. Ameli's Answers

Can a mediation settlement be revoked if signed under duress, eight days ago, in California

I believe that it would be impossible to set aside a settlement on grounds of duress during the process of mediation. The confidentiality rules, based on the recent Wimsatt v. Superior Court, prevent any evidence of the mediation process to be introduced at any subsequent proceeding. My colleagues are correct in indicating that it would be next to impossible.

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Is it typical for a client to speak to his attorney about the mediation before the mediation?

I am assuming that the mediation is set and that the question is whether it is common to have a conversation with the attorney prior to mediation. My position as a mediator is that the client and his or her attorney must have spoken prior to the mediation for a number of reasons the more important of which are as follows. 1. to determine the weak part of their case so that they can have a solution or a response when the mediator points that out. 2. The attorney must know who the decision maker...

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Please help if you can, The Body Shop holding my Truck and wont release it.

One alternative you have is to pay the deductible and take your truck out of the shop and then sue him for whatever damage he may have caused. I am not certain if the work had been performed properly or not. If not, you can get an estimate from another shop of your choice and that would constitute your damage. if your damges are less than $7,500 you can file a small claims court action. Otherwise, you may have to retain counsel to represent you in the Superior Court.

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What are my chances after not agreed to mediation and see lawyer for court for stop paying check to service at home that i had?

The issue that arises is whether there was a charge for just providing the estimate or not. sometimes the contractors indicate that there is a charge for estimates and if they do the work, the charge is waived. If you have a written agreement, you should review this portion of the agreement. if not, think about the your oral agreement and determine if there was a separate charge for the estimate. if there was, you will probably owe that portion of the fee to the contractor. If not, you may...

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What is considered legal proof of service for a creditor to serve me before a court order wage detachment can occur?

You will have to file a motion to quash service of process and set aside judgment as soon as you possibly can. the law requires that the motion shouls be filed within a reasonable time not to exceed two years after the default was entered or six months after the notice has been given. In order to prove lack of notice, the fact that this was an old address, and that you do not have a woman in her 30th in your household may be used. The other attorneys have informed you that once you...

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Notice of Opposition of Mediator

In California civil cases are in fact ordered to mediation by the court. The procedure generally is that either both parties agree to a pro bono mediator or to a paid mediator or in the alternative the court will randomly assign an arbitrator to the case. Under either scenario, if a mediator lacks impartiality he or she will generally let the parties know and he or she would recuse himself or herself. Each party may contact the mediator and find out about his background before the...

Hi,how are you? i want to ask you that if i hit i a truck which was parking illgal, whose fault is?

The question will turn on whether you could or should have been able to see the bumper of the truck. obviously you were able to see the truck itself. Therefore you had to use reasonable care not to strike any part of the truck. If the condition was such that you could not see a part of the truck, the fact that the truck had parked illegally and you were not able to see a part of it would make the driver of the truck partially liable as well. I would consider this case to be a comparative...

I mediated and bought my spouse out of our property. The documents were not legalized. Will they hold up in court?

If you are in California, you may enforce your agreement against your spouse pursuant to Code of Civil Procedure section 664.6. however, your settlement agreement, which is signed by both parties must contain verbiage that the court retains jurisdiction to enforce the agreement pursuant to the above Code Section.

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How many times can court date be postponed (trial) and can our lawyer do more? We were told it would be a simple marini hearing

As Mr. Nachbar indicated, it is not unusual for the courts to continue trials in the middle of the case. sometimes courts have cases with higher priorities that they have to address. However, there seems to be other issue involved in your case in addition to the court's schecule. As an example, one of the continuances was as a result of your attorney not having subpoenad the inspector at the hearing. This should have been done in #3 and certainly in #4 to ascertain the presence of the...

I own two companies. I would like to turn one into a subsidiary of the other.

It is important to know the reason for such an action. My colleagues have correctly stated the manner of effectuating this and the repercussions of such action. The problem with this action, however, you may be increasing the liability of the parent corporation unnecessarily. You should consider purchasing only the assets of what is to be the future subsidiary company and cutting off your liabilties.