HomelessInCalifornia

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HomelessInCalifornia last won the day on May 30 2019

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About HomelessInCalifornia

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  1. Sounds like you have your ducks in line. Consider using the Sheriff's Department for your process service. (If you are on Food Stamps or in a low income status, the Sheriff's Department will do your process service for free. Otherwise, I believe it is $35 an attempt. I also like the message it sends to opposition to have an officer of the law show up on their doorstep and to sign off on the attempted service, service, or failure of service.)
  2. Congratulations! Celebrate, get some rest, and be sure to file your Memorandum of Costs.
  3. @legallyflip01 I love this kind of conclusion. Great job! Congratulations! Celebrate. You're earned it, and I know the relief is immense. Be sure to file and serve your Memorandum of Costs.
  4. Hi Sensei! Makes sense. Solid advice and the counsel to follow, as always. I'm still ticking.
  5. Hi Ryan! That is all excellent news ... and a relief. Congratulations! And thank you for the clarification.
  6. Calawyer beat me to the punch. Personally, whether or not I actually want to pursue a Rosenthal Act and/or FDCPA claim, I'd raise the specter of that possibility, definitely in the trial brief (particularly to anticipate an appeal if that became necessary), and possibly in a Motion for Summary Judgment (for which apparently you've run out of time). I'd consider firing off the "threat" in a M&C letter as a "Dismiss Now or I'll cross-complain or counter sue for the violations." They know already what that would cost them (up to $1,000 under Rosenthal and up to $1,000 under FDCPA, plus fil
  7. Happy Thanksgiving to all who struggle. May you find shelter from the rain. May your plate be full of food and not full of trouble. May you know that others care. May those who oppress you fall to your state. May you rise above greed and hate.
  8. California Evidence Code 1119 governs confidentiality for the purposes of mediation (as in a settlement conference): 1119. Except as otherwise provided in this chapter: (a) No evidence of anything said or any admission made for thepurpose of, in the course of, or pursuant to, a mediation or amediation consultation is admissible or subject to discovery, anddisclosure of the evidence shall not be compelled, in anyarbitration, administrative adjudication, civil action, or othernoncriminal proceeding in which, pursuant to law, testimony can becompelled to be given. ( No writing, as defined in
  9. As to a Meet & Confer letter, there is an example in ASTMedic's thread "How I Beat Midland" and in my thread "Going to Trial in California."
  10. How is it that you were served? Were you an officer with this defunct corporate entity? Are you just operating some other business at the same address as the business that is the subject of this lawsuit or are you living in a residence that happens to coincide with the former operational address of the defunct corporate entity? You say an answer was filed. By whom? You? In what capacity? As an officer or representative of the named defendant? I don't understand your involvement in this case (unless the defunct entity was a sole proprietorship), or why an answer was filed if the busin
  11. No. They don't get to tell you what to admit or deny. They can rattle their sabre all they want. Let them file their motion to compel. BFD. Listen to Calawyer on this point. I am admittedly weaker on the discovery phase, as I came to these forums after that phase in my case. However, if you deny a point, the plaintiff does not get to coerce you into making admissions simply because they don't like your denial. Let them eat cake. It's not up to you to prove their case. Don't be intimidated.