scooter1

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About scooter1

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  1. Scooter500 (a good name by the way from another scooter). As Anon Amos said you can win against cach and the Man(darich). I got the same questions from Cach as well. I just objected to them and they never did try and challenge it. The reason they probably ask is if you are or were married they might add them as a John Doe. California is a community property state. You will notice in their complaint it mentions "agents, servants, etc." Basically they are just fishing. Anon Amos and others gave me some great answers for these make sure you answer these in the required time or they can be deemed admitted against you.
  2. Ok, so many of you have asked for details so here they are: Well it was ironic. I was kinda freaking out because the sheriff served the suponea 2 days before trial and the sheriff's clerk said it was served personally (thinking to myself their affiant is gonna show up). I asked for a fax copy of it since I knew I wouldn't get it back in time in the mail for trial. They faxed me a copy but it wasn't signed but had the delivery date and all the details. But before that I got a call from a receptionist and then a few hours later from another attorney at the same address as the PL declarant. Stating that the suponea was accepted by the wrong person (same first name but different last name). So I am thinking ok, maybe it is ok since if it was not her the address was served. So, I am not sure at this point if it was a scam or on the up and up. Also I got a CCP96 response back from them at around this time that had a different address for their affiant than what was on the Decl in Lieu and also the 7 other witnesses that they intend to call. I googled the address and there are about 10 different attorneys at the same address and some other businesses. It turns out that it is a "busines Center" where you can rent a office by the hour, day, week, etc. So I am guessing it just may be a mail drop/forwarding service they have to get around the 150 mile rule? Can they really do that? In the MIL I did I assumed the affiant would not be served which was filed with the court and faxed to their attorney a few days earlier. They did an opposition to it and handed it in on the trial date as well as a trial brief. I checked with the courtroom clerk and they had not gotten the suponea from the sheriff (the sheriff mails it to the court). I received the signed (rubber stamped name actually) copy of it from the sheriff the day after court. I had done a Notice to Appear also when I wasn't sure if the affiant or business address had been served, as well as I wanted to show intent that I wanted to cross examine the affiant. I am guessing the affiant wasn't there but someone with the same name was personally served by the Sheriff or I guess in the alternative they in effect accepted serice on the affiants behalf (as she requested at that address). I gave some copies to the court clerk of the sheriffs proof of service (unsigned) as I realized no witness had shown. They called the attorney in the back and he and the judge did a pow wow. The judge came out and said there were some issues on some of the cases that had to be discussed and that is why she was out late (I presume it was mine but she didn't say). It was very informal almost like small claims court which I wasn't expecting. The case before me she asked the attorney "what he had". The same thing in my case. He said, he had statements, BOS, an affidavit and mentioned a MIL had been filed and an opposition to it that showed it was not based on facts and appropiate law (a bunch BS if you read his opposition it was based on legislative history and laws copied from 1982 trying to say Rocha didn't apply). When he stated the details of the BOS he said that my name and account number appear on it and then mumbled maybe not. A big smile came across my face and the judge saw it and she asked him again to repeat it and he mumbled over the fact again. It was funny and she said so if I understood you correctly the account number is not on it? He said, ummmmm yes it appears so. So he then hemmed and hawed trying to dig himself out of it and said, "I aaaaaaaaaaaaah guess I should dismiss this one". I didn't have to say too much after that. He was a rent-a-lawyer. It was funny, the suponea issue never came up. I was all prepared to argue it and all the other things you guys had helped me with. Once the standing issue raised its head, the judge didn't want to hear anymore. The judge said that it was dismissed and I asked if it was dismissed with prejudice and the judge said, " yes I would presume so." She then said you are lucky to have come up against an honest attorney. So many ways to take that I won't even go there.
  3. I WON!!! WHOO HOO. It all came down to the issue of standing. I just wanted to thank all of you for your help. Your advice and comments kept me cool and sane over the last year on this ordeal. I couldn't have done it without your help. Again thanks to all who helped, you know who you are. I need to decompress here and will be back later. The last 2 weeks have been hell, but it is now over.
  4. @calawyer I haven't served the 98 witness yet. The Sheriff has it and most likely will not give to them I am guessing as it is not personal service. I gave them instructions to give it to Lawyers office if they are not there but I doubt if they will do it (not personal service). I won't know for sure till tommorow. Another member suggested I go ahead and do a 1987 ( Notice to appear overnight as aditional ammo to show I do want her to appear. The CCP 98 response from them was this: 10. I am currently located in Denver, Colorado. Therefore, I authorize service to be accepted on my behalf within a reasonable period of time prior to trial in order to allow for necessary travel. Service will be accepted on my behalf at the office of Plaintiff s attorney located at Mandarich Law Group, LLP, 505 14* Street, Suite 900, Oakland, California 94612, which is within 150 miles of the place of trial. I declare under penalty of perjury that the forgoing is true and correct under the laws of the State of Califomia. So it seems that they are trying toget around the Rocha case with this. There CCP96---They gave 7 potential witness with there business address in Colorado and said that they can be reached for process throught PL attorney in either California location. ***New Update today.... The Sheriff delivered the subponea to the address given on (affiant gave wrong address for service) CCP98 Decl. in Lieu, ironically someone with the affiants same first name (different last name) accepted service I am not sure yet if personally or in care of. It happens to be another Law Office and got a call from an attorney there. There CCP 96 response I got from them gave another address for all these witnesses totally different and it also appears to be incorrect.
  5. Anon Amos...thanks. It's getting close and am thinking about all possible scenarios.
  6. @calawyer Yes, a suponea is out for the affiant on their CCP98 also she is on the CCP96 response witness list. The sheriff will complete in a few days I am told. OK, I was wondering then how they let Apt managers, agents, etc speak for the owners?
  7. @calawyer. Thanks for your input. The trial is coming up less than 1 week. I am working on the trial brief as we speak. I got what is probably there usual CCP96 response back yesterday with there 7 potential witnesses saying I could serve them at either attorneys office (Oakland or southern California ofc.). Do I have to serve that on the PL or just submit on the first date of trial? Sac. local rule 2.99.01 Says on the first day of trial each party shall submit a trial brief.l I am not sure if you have followed my other thread on this case but I wanted to run one other thing by you if I may. Is it possible that a non-lawyer unincorpated partner (my longterm boyfriend opposite sex 10+years) could speak on my behalf if I blew it and needed him to or I missed something? Or if the judge allows it is just for stating facts and not arguing laws? I read something a long while back where a same-sex unincorporated partner argued that they weren't listed on the complaint as a corporation and thusly were denied the equal benefits of corporations or marriage laws and it was a violation of there constitutional rights as they were being discriminated against. Would an argument like that fly for this? One other thing I thought of is that in cases like small claims court they let Apartment Managers speak for the owners, or agents so why not him?
  8. @RyanEX Thanks Ryan for the reply. Dang I was thinking in terms of when I received it and not the date that they sent it.
  9. @1stStep, @easy619, Thanks you both for replying. I wasn't sure about the holiday thing. After doing some research CCP 1013 leaves me to believe that does not apply. Someone correct me if I am wrong. Here it is in pertinent part: Service iscomplete at the time of the deposit, but any period of notice and anyright or duty to do any act or make any response within any periodor on a date certain after service of the document, which time periodor date is prescribed by statute or rule of court, shall be extendedfive calendar days, upon service by mail, if the place of addressand the place of mailing is within the State of California,.....So with that said does the 2 holidays x-mas and New years then extend their time to respond by two days? Maybe @calawyer or someone else will chime in.
  10. I sent request for CCP96 to PL on 12/09 and got a response back on 1/4 (they put it in the mail on 1/2). I know they have 20 days +5 days mailing. If I am figuring this out right they are either one or 2 days late. Since it was due on 1/3 and wasn't there is that 2 days late? Also do I need to do a motion for it being late or just bring it up when they try and introduce evidence or witnesses? Thanks.
  11. Yeah I was not charged fees, but then am on a FW-003 so there wouldn't be. But it was served with the answer as part of it, and is mentioned in Caption. There is nothing new on court website except they have filed the Dec in Lieu there now. Ok, so I will bring it up then. Ok, good...I was wondering how to approach that.
  12. One new idea I would like some feedback on. As you may recall I had done a cross-complaint with the answer in my answer but it was never entered as one. But since it is in there and they never answered it can I bring that up in trial and everything I said in there is admitted as true since they didn't respond to it?