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Everything posted by HomelessInCalifornia

  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 filing fees and attorney fees, if any). But, at the very least, I'd definitely want that SOL argument in my trial brief. If the case was filed in March of 2014, the SOL on your ability to sue for violations under Rosenthal and FDCPA would NOT expire until 2018 (as far as I understand; someone correct me if I'm wrong). The violation didn't take place until you were aware of it (whether by service of summons or in the course of discovery), and either way that would have to have occurred after the case was filed. My only hesitance in NOT trying to get the case dismissed before trial would be the question of a Motion for Costs. I've seen some activity here of JDB's claiming that the defendant is NOT a prevailing party in a suit if the case is dismissed (as opposed to being ruled under Judgment). I haven't heard how successful they have or have not been with that argument. But, if you are pro per, then the only costs you're likely to get are the costs of service of process and your filing fee (if you paid one) anyway. So, costs may not be a consideration in light of just getting this monkey off your back.
  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 Section 250, that is prepared forthe purpose of, in the course of, or pursuant to, a mediation or amediation consultation, is admissible or subject to discovery, anddisclosure of the writing shall not be compelled, in any arbitration,administrative adjudication, civil action, or other noncriminalproceeding in which, pursuant to law, testimony can be compelled tobe given. (c) All communications, negotiations, or settlement discussions byand between participants in the course of a mediation or a mediationconsultation shall remain confidential.
  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 business is long gone. I get the impression that you were involved with this former business (perhaps owned it) and if so your case would involve corporate law as to your personal liability, if any. How was the corporation dissolved? Under bankruptcy? If so, when was that done, and was the plaintiff a named interest in that bankruptcy? Were they notified of the bankruptcy? If in whatever fashion this case is either your risk or responsibility, it sounds like key facts have yet to be disclosed and that you should solicit advice from attorneys and members versed in bankruptcy law and/or corporate law as well as civil litigation. I'll second the advice that you reach out directly to @calawyer (our resident California litigator and guru in collections cases) and give him a more detailed picture of your scenario.
  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.
  12. Last I heard it is CACH, LLC v. Rodgers, (August 5, 2014), ____ Cal. App. 4th Supp. ____ (Pub. Pending)(Certified for publication 8/26/14). CACH v ROGERS APPEAL.pdf
  13. Oh...and I recommend on the "10th" hour as opposed to the "11th" hour ... meaning you don't need to get this rolling any faster than you have to, but you also want to give yourself a margin to respond in case something unexpected happens. In other words, plan on the 10th hour, and if an impediment comes up to completing by that date, then you still have the 11th hour to get things done.
  14. 1) Form for General Denial answer is linked in one of Calawyer's posts above. 2) Yes, the Fee Waiver is the same form throughout the Superior Court's of California: http://www.courts.ca.gov/documents/fw001.pdf 3) Civil Court Proof of Service Form: http://www.courts.ca.gov/documents/pos040.pdf If you pull up any of the sample pleadings in my thread, the last page will be a proof of service. You could either use the form above or copy one of the proofs of service and delete the old titles and fill in your correct information. If you can, it is best to have your Answer "served" (put into the mail) by someone other than yourself and have that person sign the proof of service. If you don't, you risk opposition claiming that they never received your Answer and that your proof of service signed by YOU is to be doubted because you are an interested party. I have even run into a clerk who hesitated at filing some documents I had in my case at one point because I was the signee on a proof of service ... she just warned me that "there can be trouble." That being said, if you don't have anyone else who is NOT an "interested party" (i.e., not named in the lawsuit) who can drop the Answer into the mail at the Post Office for you and sign the Proof of Service, then you have no choice but to do it yourself. In my case, my Answer was the only document I filed that I was not the signee on the Proof of Service. Also, I strongly recommend that whenever you serve anything that you always use postal tracking and that you printout the notice showing when the package was delivered and keep that for your records. That way you have some proof other than your say-so that the package was mailed and was delivered. Just caught this ... what "mailed packet" are you expecting? If they have served you with a Summons and Complaint, they should not be sending you further pending your Answer.
  15. Wow. Typing in docs is a lot of extra work. If you have access to a copier and a scanner, I would recommend that you copy documents that you want to share, then take a marker to the copy and black-out any personal details (including your name, address, phone number and the case number wherever any of that appears), then scan the redacted (blacked out) copy to a flash drive, upload it to your computer, and send it. That method is a lot less time consuming than inputting entire documents. (Keep this in mind when you get to the discovery phase and the plaintiff sends you stacks of crap.) It appears from what we see that the Complaint is NOT verified, so you can file and serve a General Denial Answer. That's really easy. Do NOT forget to attach and sign a proof of service to the back of your Answer and include a copy of that in the copy that you send to plaintiff and in the copy that you get stamped by the court and keep for yourself. Just be sure that you file and serve your Answer by the deadline. You should create a calendar dedicated to your case exclusively, where you will note all important dates and which you will check EVERY day. Also, do NOT forget to fill out and make a copy of the two fee waiver forms and file that with the court (you do NOT serve that on opposition). Incidentally, you are a writer. If you are not doing something with that talent, then it is a crime.
  16. Now here's to figuring out how I can get some of the costs of suit back! CONGRATULATIONS! Serve and file a Memorandum of Costs. As the prevailing party, you are entitled to "costs of suit." Unfortunately, as you are represented pro per, you cannot claim "attorney's fees." But you can claim filing fees and process server costs. It's bogus, but all your costs for preparing your case (research), pursuing your case (travel, etc.), and copying costs are yours to eat. It doesn't make sense to be the prevailing party and yet to be out-of-pocket for anything, but there you are. Be aware that since the Dismissal was "without" prejudice, then the JDB can still call you and still send you letters in an attempt to collect (as long as they don't violate any of the strictures of the FDCPA or the Rosenthal Act). Until the SOL runs out, they can also refile suit. There doesn't seem to be any way of accurately predicting what they will or won't do. So, save all your materials--and do file for costs! Again, well done!
  17. Would it make sense then in the instance of a Dismissal to file and serve a [PROPOSED] Judgment For Costs to the court? Then, presuming that Judgment is Entered, file and serve a Notice of Judgment for Costs along with the Memorandum of Costs? Or just file and serve a Memorandum of Costs and send the plaintiff a Letter of Demand for Payment?
  18. I would tend to agree ... and that might be the fact ... but though plaintiff's attorney was at the same trial as I was at when the Judgment went down in my favor, I had to file and serve a Notice of Judgment. It didn't make any sense to me. Without knowing the code, I would have erred on the side of discretion and sent and served a Notice of Dismissal in this instance.
  19. Congratulations! Yes, you are the prevailing party. Therefore, you need to file and serve a Notice of Dismissal and a Memorandum of Costs to recover your expenses.