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Showing content with the highest reputation on 12/03/2020 in all areas

  1. One year later: as an update, I did not file and serve a Memorandum of Costs (MC-010) to re-coup the money I lost. I was working so much that I chose to just move on and accept the nominal loss of money with the whole of the experience. I did, however, twice file a claim dispute with transunion after the case was dismissed. The first time was unsuccessful but the second dispute worked and the default was scrubbed from my credit score with the other credit agencies scrubbing it as well. I'm happy to say that I am feeling so much better (still out of debt and my credit score is no longer a worry) and I am soooooo grateful to the members of this community for their help. THANK YOU. Best of luck to everyone.
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  2. Thank you for updating. It’s a help to future readers. As long as you’re satisfied with the outcome, we’re happy for you. OCs are much more difficult to defeat, and not everyone has the time or ability to do what is necessary to put up a good defense. In fact, considering that OCs can and will provide admissible evidence, we don’t always have a valid defense that will result in a ruling in our favor. I don’t blame you one bit for settling. Now, you can focus on other parts of your life that don’t involve this lawsuit. Other consumers who read your thread will understand that settlement is sometimes the best option. Best of luck to you! 👍
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  3. End note- I ended up settling with OC. $150/month for 2 years. No problem. Straightforward. Case dismissed with the court without prejudice.
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  4. Well, first of all, I think a (mild) CONGRATULATIONS is in order! I'd give you the full congratz (🥳), but since you don't have anything in writing yet ... I'll hold off on that one for a few days 😁 Can't say I didn't see the dismissal coming, though. They had nothing and they know it. I had everything in signed and in writing and I STILL showed up to court. I didn't want to mess around because I kept on checking the status online and nothing was showing up. The day of the trial I went up to the main clerk's window and it showed that the dismissal had, in fact, been submitted by the plaintiff a week before and that it was already sent up to the specific department (judge's courtroom). I went up to the courtroom and spoke to the department's clerk who jumped on her computer to check the status. I had a printout of an email from the plaintiff's attorney saying that they had already filed the dismissal to the court, etc, and I showed it to her. She confirmed that the dismissal was there, made the official input on the department's system, and told me, "Ok, all done. You're good to go." I asked her, "That was a dismissal WITH prejudice, right?" She looked, smiled, and said, "Yep." I said, "thanks!" and went on my way. Didn't even talk to the rent-a-lawyer. I think there may be a way to call and talk to the clerk so you don't have to go all the way down to the courthouse, but I got crazy busy. Check online for your clerk's phone number, in case nothing shows online. Since your trial is the 22nd ... that means that TOMORROW is the "5 court days" deadline for submitting your objections (MILs), right? I'll be honest with you ... with the way their lawyers have handled this case (very sloppy and lackadaisical), I'd be wary of trusting them to file things on time. Many people will tell you straight out not to EVER trust the other lawyer, period. I totally understand why. I would call them first thing tomorrow and ask for something in writing and with a signature. I'm not a lawyer, so I'm not sure exactly what would be legally binding *** REMEMBER THIS: Right now you have them by the cojones. If they don't dismiss, this case is yours to lose ... if you don't object. So ... YOU MUST OBJECT. If you object, you're golden ... they have a barrel full of hearsay, and no affidavit or live witness to authenticate it. So ... they have nothing. BUT YOU MUST POINT THIS OUT. If you don't point this out ... If you don't object ... then you throw yourself (unnecessarily) at the mercy of the court. It's a crapshoot. Maybe the judge gets up on the wrong side that morning and ... whoops. And that would be pretty silly, since all you have to do is object, object, OBJECT. So ... if they won't give you something in writing and signed, then I would recommend that you go ahead and submit your objections (MILs) to the court and serve them to the plaintiff (you can even serve it to them via fax or email, if they agree to receive them that way). Listen, I really am not doubting that they will actually dismiss ... this is textbook in California. You played it right, they know you know your stuff, there is no use spending any more time/money on a losing cause, so they dismiss. But ... YOU MUST OBJECT. Again -- (mild) congrats!
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  5. You hit the nail right on the head here. It is the plaintiffs burden to prove, not yours. Your “due diligence” is to analyze what they provide, know that it is all hearsay, and PROPERLY OBJECT USING THE LAW to the fact that it is all hearsay. Remember, the business model for JDBs are a form of, “let’s hope they don’t know the law, and don’t know what they are doing. That way we can sneak a judgment or scare them into settlement.” It’s a numbers game. As soon as you start properly objecting using the law, they know they are sunk, because they don’t have anything. Now ... with that said ... THERE ARE WAYS for them to authenticate the documents properly so they are NOT hearsay ... but JDBs rarely go that route because it would be INCREDIBLY CUMBERSOME and expensive... thus busting down the entire business model. Again, you hit the nail right on the head. And it does not seem glib or disrespectful. At all. It is NOT your burden to prove anything — it is theirs. You asked. They provided junk hearsay. Ok 🤷‍♂️. See you in court. Are there other strategies? More aggressive — prodding and asserting that you know what you’re doing — clear signs that you’re taking it all the way and are going to make it difficult? Sure! Those are incredibly effective too! But, everything you said still applies. Your approach (one that many others take, including @ASTMedic), is still a solid and sound one. BUT YOU HAVE TO USE CCP 96! And ... YOU HAVE TO OBJECT PROPERLY. You have to use the law. You cant be lax! You can’t be over-confident. You have to learn how to and CRAFT a killer MIL, trial brief, etc! AND you have to serve them and turn them in within deadlines! If they send you a CCP 98 “Affidavit in lieu of live testimony”, you have to be ready to Subpoena the affiant properly (do not miss deadlines!!!) and OBJECT to EVERYTHING they are doing improperly in your killer MIL! And if they don’t send you an “Affidavit,” you have to be prepared to question their witness on the stand and object, object, OBJECT! The law is on your side! You got this! 🔥
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