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Showing content with the highest reputation on 02/27/2017 in all areas

  1. Synchrony Bank = free JAMS. The best arbitration clause you can get. This means you have a winning case. All you need to do is have the court grant your Motion to Compel Arbitration.
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  2. They can withdrawal the ccp 98 if they want. I wouldn't bother fighting anything over the subpoena service. You would have a good argument that the witness shouldn't have been allowed to testify, or any evidence to be admitted for that matter, due to the fact that the ccp 96 response was late. I would think there is grounds for appeal since the ccp 96 response was late, but rather or not it's worth all the work and expense should be heavily weighed.
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  3. If this case were my mine, I would file a Notice of Appeal within the 30 day window following entry of the trial court judgment. Instructions for filing an Appeal in a Civil Limited case are here: http://www.courts.ca.gov/documents/app101info.pdf Its disappointing, although not a complete surprise that Beekeeper's trial court was unfamiliar with the relevance of Sierra v. Hale or Midland v. Romero (even though they should be familiar with both). But the Appellate Panel overseeing the trial court's decisions will certainly need to know and consider both decisions carefully.
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  4. Thanks so much calawyer! I'm proud of myself. I owe it all to you guys. I've been on cloud nine ever since. It's the weekend, time to celebrate!
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  5. I am so happy and so proud of you. Most lawyers I know are terrified the first time they go to court. For some, it never passes. But to educate yourself and have the courage to stand up and face a professional litigant represented by a lawyer in court is just such a feather in your cap. I am so glad that you reaped the rewards today. I hope you have a most excellent weekend and, somehow, I think you will. Don't forget that you are entitled to recover your costs because you are the prevailing party. Even if this only amounts to your filing fee, it will look better in your pock
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  6. Thanks! And thanks to you too sadinca for your help on this board as well! I've been all over these forums and I've gotten support and help from all of you guys whether you know it or not. For all those who say it can't be done, you guys know better! And now I do too!
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  7. You negotiated a big reduction in the amount claimed. You should be pleased that all of your efforts have been rewarded.
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  8. Only a government entity can initiate criminal charges.
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