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Everything posted by string

  1. I too would make sure notice requirements are complied with. The requirements for written depo are pretty much the same as for oral (except they have to give you info about the depo officer and don't have to specify where and when the depo will take place). Also, you have 30 days to submit cross questions (I'd be working on those now, if I were you). Sounds like this is your case, right here. Good luck.
  2. So ... there's filing (what you "file" with the court); and "serving" (what you "serve" the other side with). Everything you "file" also gets "served," but not everything you "serve" gets "filed" (e.g., discovery requests). Make sense? Therefore, whether you "serve," or "file," you need a POS (b/c you "serve" both to the other side). But the POS doesn't actually get "filed" unless/until you're filing the underlying document with the court. So always POS, but never send it to the court unless you're also sending the doc referenced to the court. (Let me know if I've only confused things
  3. If this is true and the time for responding has passed, you need to file an objection. Here's an example i used (at 'MIL to preclude everything'): - just replace "MIL" with "Objection" and otherwise tailor to your case.
  4. All things considered, you're pretty lucky. I would: vehemently object to the ccp 98 declaration; the witness address is not within 150 miles of court, and not within CA. Therefore, you were unable to effectively subpoena the witness (CA court doesn't have jurisdiction over a non-resident), and would be deprived of your rights under the code if the declaration is admitted. File a written objection asap and/or be prepared to make the argument in court. Without admission of the ccp98 declaration, they probably will not be able to prove standing. If they served unanswered requests for admi
  5. This important; you will not likely have a court reporter unless you bring your own. If you need to appeal, your objections will have to be on record and that's much easier to assure if you've filed written objections and a trial brief. Download documents filed by others and edit them to your case - no need to reinvent.
  6. Norwalk deadline for MILs and trial briefs is generally day of trial, but it's advisable to get them in a few days in advance to give the judge time to read everything over. That said, you should call the department to verify.
  7. My guess: trying to save a few bucks, and laziness. Saves $ by re-using it instead of requesting (and paying for) another one; and they probably would have omitted the second page if anyone had taken the time to proof what they were sending you. As always, use it against them.
  8. I had the same situation; failure to respond to ccp96 was fatal to jdb's case, but i did file a trial brief - i think it mostly addressed the documents attached to ccp98. It's here if you'd like to take a look:
  9. Might try sending via overnight delivery. Did they respond at all to BOP? The good news is that you're right on track for the astmedic method. Read his thread and download seadragon's timeline.
  10. I would (and did) file an Objection to the admission of any evidence or witnesses at trial.
  11. Really? They want expert witness info? As in ccp2034.210, et. seq? I haven't seen this here before, but I think you'll have to provide a statement by the date in the demand: <<2034.260. (a) All parties who have appeared in the action shall exchange information concerning expert witnesses in writing on or before the date of exchange specified in the demand. The exchange of information may occur at a meeting of the attorneys for the parties involved or by a mailing on or before the date of exchange. ( b ) The exchange of expert witness information shall include either of the fo
  12. I would serve a BOP right away (sample:,then start working on responses to the discovery. When are your responses due?
  13. ccp1987 likely doesn't apply; send a subpoena (SUBP-001: Mine are here: There are others posted. (For the MILs, you'd need to change the words "Motion In Limine" to "Objection." You would also need to add some discussion of a new case to the ccp98 Objection: the Rogers case. If you need help with that, let me/others know.)
  14. Check your court's (or judge's) rules re deadlines for trial briefs and MILs. (And read some threads to see what should be in them.)
  15. To clarify, you received a ccp96 and a ccp98, right? You should serve a subpoena on the ccp98 declarant (Doug Hallock?) at the address provided in the ccp98, within 20 days of trial. Is that address within 150 miles of the court? Is that affidavit certified "under penalty of perjury under the laws of the State of California"? If not, it doesn't comply with ccp2015.5; in any event, affidavits aren't admissible at trial in CA - IF you object. (Elkins) OK, so you received a ccp96 request from them, and you need to send your own request to them, right? Send it via priority mail o
  16. You needed personal service at the address they provided. It's their problem if that happens to be a po box store. should work out when you file for costs, but you definitely didn't have to do that. you're allowed to use an address they provided in ccp 98 - within 150 miles of court. (i.e., the penthouse in sd wouldn't qualify anyway.)
  17. @shellieh98: can you tell us what city (or county) your friend is in?
  18. Understood. (I actually used CCP 96 - which I'm guessing they also don't have.) I made no argument, just responded to the request for an example. (Perhaps with a non-representative example?)
  19. Plaintiff had all that in my case; I got the bos and affidavits precluded from trial though. Not sure if that counts. (Judgment for Defendant)