sblanchette

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About sblanchette

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    California
  1. I've go them done and ready to go. It's almost funny because my court date was set for this Monday, when I will now be filing my MOC. I have to admit, I never thought I'd be happy to go to court!
  2. What a relief! It's well after six months past SOL at this point. So now I'm going to counter-sue in small claims for my costs. Yay for CA in this instance. It's well over $350 for filing and certified mail. Bummer for LVNV. My hope is that more people fight, because, with this new case law, you can win.
  3. If it's sold, then the new JDB can't refile under the same case #, right? Lastly, can THIS plaintiff refile using the same case # whenever she feels the desire? Isn't that the reason for the dismissal without prejudice--so that they can come after you once they attempt to make a stronger case? Again, many thanks. They were quite impressed with the MIL . . . so if you're in my boat USE IT.
  4. Absolutely. So can they now sell this account to another JDB? Thank you guys so much!! See Homeless thread for the exact motions that catalyzed the dismissal: Declaration in Support of the Motion in Limine, and the Motion in Limine itself. You guys are simply the best possible people!!!!!!!
  5. I was 4 months away from SOL, but doesn't the clock stop once they file suit? Would they have to file a new case in order to come back after me? This would be very welcome news, and thank you!!
  6. I had subpoenaed their witness, who was not--nor ever--there, so I filed a MIL with the court to have her testimony barred and her "evidence" tossed out with it. This was enough to get plaintiff, LVNV, to drop the case. I am SO relieved, but now want to recover my costs and see what I can do to get a with prejudice judgement. Thanks a ton!! Everyone has been so supportive and wonderful
  7. Great news, I was sued by Erica Brachfeld and finally got the case dismissed once they got a look at my MIL!! Thanks Homeless--your Dec in Sup and the MIL were all I needed to send them running Only lasting question is that the case was dismissed WITHOUT prejudice. Is there anything I can do to make it dismissed WITH prejudice? Best of luck to all of you still fighting. Use Target v Rocha and you'll have more than a fighting chance. Cheers!!
  8. This is such a relief! I'm being sued by LVNV--the infamous Brachfeld--and her "witness" (a resident of South Carolina, by the way) was not present to be served with the subpoena I had delivered. Needless to say, I was not surprised, but didn't know exactly how to proceed. What is the best course of action? File the POS, make some motion? Is there a motion to disallow her sec 98? All best!