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Mark K. Ameli

Mark Ameli’s Answers

28 total

  • Can ex change mediation date if I do not agree?

    Ex wants to change mediation because she claims multiple family members are sick in the hospital. Also a funeral is going on the week of mediation. She has asked me to resolve our issues outside of court but we have tried numerous times before and...

    Mark’s Answer

    Mediation is a voluntary process and the agreement you will reach will also be a voluntary agreement. This is why it would be difficult to force someone to go to mediation on a certain date. However, you do have a stick that you can use. If the mediation does not occur by a certain date, and you can put the date far enough in advance to give her an opportunity to participate, you will have no alternative but to go back to court which will cost money, be time consuming and the result will be out of her control. This may convince her to come to the table and mediate.

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  • Have not been served papers for mediation set for tomorrow at 1 30pm do i have to go.

    Ex is trying to move away to san jose for school, and and get rushed ex parte orders she said we have have mediation on jul 3, have not been served papers.

    Mark’s Answer

    Regardless of having been served with the paperwork, it is always good to participate in mediation. Since mediation is generally an informal process, you always ask the mediator for additional time if need to research something or if you receive documents at the time of the mediation and you need time to review.

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  • Can I sue Walgreens?

    I got injured at work 2 days ago,I was lifting heavy boxes and I got a hernia .Its the second time I get injured for lifting heavy things.They haven't provided me with a back brace and they expect me to carry heavy objects and as a result a herni...

    Mark’s Answer

    Yes you may file a workers compensation claim against Walgreen and enjoy the benefits of Temporary Disability Payments, Medical Care, Permanent Disability payments (if any) and Job Displacement (if any).

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  • If I hire a workmans comp attorney is it still a challenge to receive workmans comp benefits for a stress harassment claim?

    I have proof that employer cut my pay, harassed me, have witnesses and documents to back my claims. I also have multiple doctors backing me. I don't know if I can win easier if I hire an attorney or even if I hire an attorney do i still face uphil...

    Mark’s Answer

    Stress claims in workers compensation have been difficult and are getting even more difficult to pursue. You will have an uphill battle regardless of whether you get an attorney or not. I do not believe that you have any chance without an attorney. There is not sufficient information to determine whether you have a vialble claim or not. Mr. Polodsky is correct that you should consult with a labor attorney to see if you have a case in the labor law arena.

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  • I have a worker's compensation claim approaching 8 years in October.

    I can't seem to get one on one time with the attorney representing me. I've called with concerns and they claim to make the necessary communications to get the answers that I need, but I'm not sure what's going. I've just had a total knee replacem...

    Mark’s Answer

    The previous responses are all to the point. I would only add that the adjuster is probably suspicious and calling to check to see if you are home. Your attorney should stop this. Call and demand it. Also tell the adjuter notvto call you again and to call your lawyer.

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  • My attorney filed a "lis pending" or lien against my house to keep it from forclosing during litigation with the bank.

    It was supposed to be removed once the settlement agreement was reached. The attorney never removed it. We are trying to short sale our home and the attorney is refusing to remove it until our bill is paid. Is this legal?

    Mark’s Answer

    You can also contact the County Recorders office to determine in whose name the lis pendens was recorded. If it is in the name of one of the parties to the action, since the action has come to an end, that party can and should remove the lis pendens. if it is in the name of any person other than the parties to the action, you should immediately get the help of an attorney ro determine how and why your attorney did so.

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  • How do we fill in Statement of Information for CA corporation when there is one owner?

    Who do we put under officer titles and directors? My husband is the sole owner. Also, when it asks how many vacancies there are on the board of directors, we would put none, as he is the sole director, is that correct?

    Mark’s Answer

    The purpose of forming a corporation is to limit your liability and possibly have some tax benefits. In order to take advantage of the above, you have to comply with the formalities of the corporation. if you don't, you will lose the limitation of liabbility and in the event that your corporations gets sued, the other party may be able to "pierce the corporate veil", meaning that the other party may be able to sue you directly. Therefore, it is imperative that if you doubt about what needs to be done, you hire an attorney so that you don't lose the benefits of the corporation. This is the advice that both attorneys before me gave you as well and you should heed it.

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  • I work in a Berry field In Ca, The plants have To much thorns, Our company doesnt provide Safe gloves for us. can i sue

    Both My Left and Right hands are in pain, due to thorns on a berry field, our company did not provide the right equipment, can i sue?

    Mark’s Answer

    Any time you injure yourself at work you are entitled to Workers Compensation benefits. However, your benefits will only be limited to Temporary disability payments, medical expenses will have to be paid by the employer and if you are left with any permanent disability, the employer will have to pay for your permanent disability. You may also be entitled to job displacement if the doctors believe that you will not be able to continue to do your job because of your injuries. as my colleague also indicated, based on the information that you have provided, I do not believe you will be left with any permanent disablity. But if your doctor believes there to be Permanent disability, of course, you will be entitled to those damages as well.

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  • Where part of settlement does lawyer get his fees from? From a Workers Compensation case. Does that included medical or just

    Pemanent Disability payments etc? What part? What is the break down on lawyers billing?

    Mark’s Answer

    Attorneys are entitled to between 9-15% in attorneys fees. The fees must be approved by the judge. Generally judges allow 15%. If the attorney was involved in obtaining any of the species of benefits for you, he is entitled to benefits on that portion of the settlment or award by the judge. Therefore, if the attorney obtained a certain amount for your future medical benefits, he is entitled to receive a fee on that portion of the benefits.

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  • How do I calculate the amount of money for my civil suit?

    The defendant, a corporation in Arizona, received merchandise from me, then cancelled payment on their check. They never returned merchandise to me. I am in Los Angeles, CA and will have to fly to Arizona, to plead my case. Also, I will have to ha...

    Mark’s Answer

    • Selected as best answer

    The threshold question is whether this case should be filed in LA or in AZ. If the contract was formed in LA, then the proper jurisdiction is LA and you would not have to spend the time and effort to go to AZ. Your damages will depend on the law of the State. In California, if you prevail you may be able to collect trebble damages for the cancelled check and additionally, you will be able to add interenst at the legal rate of 10% to the damages.

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