starlily1

It's ccp 2015.5.

There may be another one coming down the pipeline, and I too am a little excited.

Thanks! I agree wholeheartedly that respect for the court goes a long way in the eyes of the judge. Especially when it's contrasted by the plaintiff. Thank you for your wonderful thread and posting your docs, I referred to it and them many times! Cheers!

Thanks, but I think that might be pushing it...

Sorry to keep everyone in suspense. Here is what happened... I was the first person there when they unlocked the courtroom doors. The bailiff asked me to sign in told me to leave my card. I told her that I was not a lawyer. She seemed a bit surprised and said that people don't usually dress for court. So this made me feel a little better. My heart was pounding and I was hoping and praying that I had absorbed all of the information and knowledge, and that I could communicate it effectively. The lawyer for the plaintiff came in and introduced herself. She was really nice. She said " I've read your trial brief and I think that you have a really good defense, and if it were up to me I would dismiss the case, but I don't have the authority to do that." Of course that made me feel even better. She said she was going to the restroom and would be right back. In the meantime the bailiff calls me to the table and I open my big notebook, lay out the exhibits with all of my sticky notes, and a legal pad to take notes. The judge comes in and sits down, and now we are waiting for the lawyer. He looks at the clock and it's five after the hour and I can tell that he is a little irritated that she is not there. She comes in right after that and waives her opening. The judge tells her to call her first witness (me). I ask the judge if I may make an opening statement. He seemed surprised but told me to go ahead, Half way through my opening he interrupts me and says, "I think that you have made all of this very clear in your trial brief and I understand where you are going." So then I go to the witness stand and she starts asking me questions about the statements. The judge asks her what exhibit she is referring to and she says exhibit A. He says "We use numbered exhibits in this court not lettered, and you can't ask the witness questions without putting the exhibit in front of her." He then says, "I've looked at the evidence and they cannot collect on the account if they can't prove they own it." She says " I agree with you and don't want to waste the court's time, but I don't have the authority to dismiss the case." He pauses for a moment and then looks at me and asks, "Miss 'Smith', would you like this case to be dismissed?" I answered "yes". He then smiled and asked "with prejudice?" I gave him a big smile and said "yes." As I was leaving the the witness stand he said, "Nice trial brief." I said thank you. he then asked if I had help on that and I said, "yes, I has some help on that." He said, "Good job." The next case they called was for Cach and I wished her good luck. I used ASTMedic's trial brief with a pinch of Homeless'. I was never served with ccp 98 so my introduction focused on their Bill of Sale and and their lack of standing. I know the trial brief is why I won, especially since their trial brief was a joke and in my opinion a disrespect to the court, as well as proof that they don't think that they have to prove their case. To anyone who is just starting this journey, I know it is scary and overwhelming. The people here are so amazing and they want to help. So stick around and ask lots of questions. Again, a sincere, heartfelt thanks to everyone here! I am so grateful!

I will post details soon. Still catching my breath and processing this experience. Still dreaming about ccp this and evidence code that... I can't believe it's over.

Yes, It feels amazing!!! Thank you again for your help!

Thank you! I'm listening to The Black Keys right now and those little guys are right in tune! Lol...

I won!!! I won! I won!!! The judge dismissed my case with prejudice while I was on the stand! YAY!!! I could not have done this without the good people here. A heartfelt thank you to Calawyer, you are amazing beyond words! Thanks also going out to HotWheels, Unemployednomore, HomelessInCalifornia, ASTMedic, anyone who replied to my posts, and anyone whose posts I read! Thank you!!!

That is great! Thank you for sharing!

I was just about to do that. Thanks.

Does anyone have any guidance in regards to the opening statement? What makes an opening statement effective? Would anyone be willing to share their opening statement so that I can get an idea? Thanks

Sorry I recommended the BoP, I thought it was standard.

I' not sure about filing with the court, you'll have to check your court rules. Send it certified, return receipt. .