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Mark K. Ameli

Mark Ameli’s Answers

28 total

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

    I was involved in an accident and i called the adjuster from Geico to come in and give me an estimate. and i called this body shop guy. He promised to cover the deductable and etc. then when he started.. he was asking for more money.. We are ...

    Mark’s Answer

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

    What steps do I need to undertake? Is it as simple as drawing up an agreement to have the future parent company purchase 50% or more of the shares of the future subsidiary?

    Mark’s Answer

    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.

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

    No further details.

    Mark’s Answer

    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 is so that time and money is not wasted if the party to the action is not the real decision maker and a spouse or a parent needs to be present even if the party is an adult. 3. so that the attorney and the client can have a strategy when they come to the mediation. 4. so that if there are issues other than the issues in the case which may contribute to the dispute, such issues may be discussed and be brought to the attention of the attorney.

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  • Notice of Opposition of Mediator

    I am involved in a civil case that has been ordered to mediation. I was told, in writing, by the courts that I had two options: a.) select a mediator and time provided by the plantiff or b.) have one randomly assigned. I chose to have one r...

    Mark’s Answer

    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 mediation. If you believe that this particular mediator is somehow prejudiced to your side of the case, you can ask him to recuse himself and if he does not you can ask the alternative dispute resolution section of your court to disqualify him in this case.

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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?

    I just recieved a court order wage detachment assignment that my employer mailed to me at my new address. I was shocked to say the least, because I had no idea this was going to court, and I had no opportunity to stand in front of court and plead...

    Mark’s Answer

    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 prevail in the above motions, you will have a good chance to prevail on the case if you can prove that an ID theft was involved. You may want to look at the following code sections and case. the Robbins-Rosenthal Fair Debt Collection Practices Act (CC §§ 1788-1788.32), and the Song-Beverly Credit Card Act of 1971 (CC §§ 1747-1748.7) and the case of Baker v. Citibank, N.A. (1998, SD Cal) 13 F Supp 2d 1037, 1998 US Dist LEXIS 17152.

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

    the bumper and part of the truck is out of the parking space, they block my drving way,i could not see the bumper from my window ,so i hit it

    Mark’s Answer

    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 nagligence case based on the brief information which was provided.

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