AMI Motion for Summary Judgement..

[33bird]

I have it scheduled, finally for July 20th, in Las Vegas District Court. My lawyers are at a loss of how they could possibly respond? 1. They don't have my jersey they sold. 2. I have an invoice from them stating they owe me almost 22k. 3. I recently received an email from them stating to me that they are sorry about the delayed payment, etc.
They have an auction starting again on July 2nd, so despite threads on here, they are still running auctions and bringing in some money. I'll let you guys know how it goes.

[33bird]

Oh, the reason I mentioned those 3 things, is that they totally denied that they even owed me money in their response to the court and my lawyers???

[whatupyos]

Greg:

I sure hope you get this resolved soon. I work in the legal field. Different type of law than this but still, law none the less. I am used to Defendant's not telling the truth, blatantly lying ect. The only concern I have for you is, if in fact they don't have the money, and if they do go belly up, you aren't going to get paid. Like with scammers, how do you recoup money if the business/entity/person doens't have it? Maybe there is a way, I don't really know, thats just my concern. I don't like to wish I'll on people or businesses, but with all their BS that they seem to pull over there, it would be doing the world a favor, if they went out of business for good. I think, in my opinion, they're running a criminal enterprise. How do you sell stuff for people and not pay them when their item sells? Is it just me or is that just morally and ethically wrong? Just my two cents.

Aaron

[33bird]

Yea, I'm not counting on money. It would be great if I got something. It'll be interesting to see what they say, if nothing else.

[rj_lucas]

Incredible AMI would let this get in front of a judge. I can only assume they expect to settle for pennies on the dollar.

You are a now a creditor of AMI. As such, your attorney may want to consider filing a lien against the assets of AMI.

It seems unlikely you will recover the full $22K. But perhaps you can come away with some amount of cash and some hard assets. Good luck, please do keep us posted.

Rick
rickjlucas@gmail.com

[justinwc80]

Greg,
Hope things work out for you, the Rose bat is still the pride of my collection I bought from you. Also, finally got that pic from your contact. George Foster ball is yours once I get a chance to get everything together, being a pilot in the AF and they expect me to fly, the nerve, haha.

[33bird]

Thanks guys. I'll keep you posted. Justin-that guy never got back with me. Send me the email you used to communicate with him. Thanks!

[justinwc80]

Greg, info sent!

[kingjammy24]

according to AMI's website, "Due to Victor Moreno's, singing/songwriting career and Vice President/CEO Kieta's acting/modeling career they have vast connections with the Hollywood Scene".

with such "vast hollywood connections", can some sort of "Save AMI" fundraising telethon not be set up similar to what they did for hurricane katrina? maybe kieta could get her old pals like jack nicholson and meryl streep to answer phones.

i can't imagine one snags the role of "Model" on one episode of Full House 19 years ago without racking up some pretty powerful connections.

rudy.

[sox83cubs84]

Todd:

Bring 'em down, amigo! Good luck.

Dave M.
Chicago area

[David]

The proof you describe seems pretty sold.

There's a lot of what ifs and speculation as I have no special info, but if a company is going into bankruptcy and lies about what it owes people, can't you get into big trouble for that? It's one thing to go into bankruptcy, another to go into bankruptcy while lying about the financial numbers.

[encinorick]

Talking as a lawyer, a couple of observations;

1. If you're in District Court that usually means a Federal Court, not a state court like California Superior Court or New York Supreme Court, unless Nevada calls its local courts district courts. If you're in Federal District court, I'm sure it has jurisidiction because the amount you are pleading is only 22k. Not sure what the limit it is, but I think its higher.

2. A Summary Judgment is a pre-trial motion which is very difficult to get. Basically you are saying that both parties agree to the facts and law and there are no arguments at all. In other words, the moving party sayings to the court, "assuming everything the other side says is true, I still win." Even one dispute over a fact or law will prevent a granting of a Summary Judgment. Not sure AMI will agree to your version of the story.

3. If AMI doesn't show up, you may have a chance. If they do, even in pro per (without a lawyer), the court will probably deny the Summary Judgment and set a trial date.

4. Did you sue AMI as a corporate entity or Victor and Kieta individually? AMI may be worthless, a judgment against it doesn't mean you'll get your money back.

Further advice will require a fee, like another Manny Ramirez gu bat, or anything related to Sandy Koufax. :p

[Capital-Sports]

Encinorick - I know you are in the legal field and I have a question I've been thinking about.

Since AMI is a corporation (incorporated) and im sure Victor and Kieta are the only shareholders, wouldn't they be protected by their incorporation?

Since one of the benefits of incorporation is limited liability, if they have loans, outstanding debts that are in the AMI and not their personal names, wouldn't all of their personal assets be protected? Because when you incorporate you get an EIN, which basically means the company is its own individual.

"The business is not you, even if you run it, and therefore you are not in most cases liable if the business fails"

What I'm getting at is if AMI owes all these people money, falls back on loan re payments, etc, could Victor and Kieta just dissolve the corporation and get away without paying the consigners or banks? Are all their personal assets protected?

I thank you for any insight you can provide. I am very interested in the legal system and would like to hear from someone thats in it.

Mark

[encinorick]

Mark:

First, I appreciate your service. Thank you.

Second, the purpose of corporation is to immunize the individuals (president, ceo, employees) from liability. In other words, if the corporation does something wrong, like breach a contract, the corporate assests are only liable, not the personal assests of individuals.

However, if the corporation is a sham, for example it doesn't pay its required taxes, or is not "in good standing" with the State's Department of Corporation for other reasons, then the corporate shield will not protect the individuals from liablility.

There's other stuff, but, just because you have a corporation the law will not immediately impose personal immunity.