jene_rae

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About jene_rae

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  1. Sorry it took me so long to get back but I'm happy to say I WON!!!! My Trial Brief was so strong that their attorney walked up and said it was dismissed without prejudice. The Judge looked at me and asked if I understood what that meant and I smiled ear to ear and said yes I do. I asked about making it with prejudice and the judge couldn't really tell me much but he said I wouldn't worry about anyone coming after you again. My record now: I won American Express vs me I won Cach, LLC vs me I won Cach, LLC vs me I'm officially done! Now I can have my brain surgery for my super ra
  2. Today 12/12/14, So if I wanted to file a MIL I have 20 days before my court date on 1/5/15, meaning I have time if I fax and overnight a M&C to attorneys today and I would have to file my MIL no later than 12/16/15. Yikes that's a lot of stress on me and don't forget I'm the one with the rare brain disease and it's the holidays. (sorry, talking to myself...lol). I can do it if needed but I'm thinking of making a very well put together Trial Brief (one judge in another case said that mine was better than most professionals, attorneys) Super stoked from that one. Objections: (not in th
  3. Thanks Anon Amos and everyone that has helped me with this. I sent them a letter just stating that this M&C is a reminder that you need to file a Motion for a Protective Oder for the Privilege Log, Document 1, Purchase agreement between Original Creditor and CACH,LLC/"Flow Agreement for Purchase and Sale of Charged Off Accounts". They sent me a settlement offer. NO thanks! lol Let me get my Trial Brief together with what I have found and what everyone has helped me with on here and I'll share it soon. I'm feeling much better now about my position. Thx!!
  4. Update: Received their response to my CCP 96: Plaintiff submits the following witness and evidence list: Witnesses 1. Plaintiff intends to call one of these potential witnesses: Magic West, Christie Coston, Tom Vigil, Angelica Martinez, Peter Hubar, signe Espinoza, Alex Calonje or Victoria Mason, who are employed as Custondian of Records for CACH, LLC; located at 4340 Monaco Street, 2nd floor, Denver Colorado 80237, and can be reached through Plaintiff's attorney's office, Mandarich Law Group, LLC at phone #. 2. Plaintiff intends to call named Defendant, Me Evidence Plaintiff will submit
  5. So are you saying that at my trial date, Jan 5th, I can request the judge to review the document in his chambers or do I need to file something ahead of time? My judge is very flexible and kind to Pro See (thank goodness). Should I send a M&C that I will be requesting this at trial?
  6. Thanks to everyone that replied. As for their "Privilege Log" I do not see that they ever filed it with the courts. I went on the courts website and looked up my case and no mention of it. Since CACH did not file this with the courts do I still need to try and file a motion to compel? The burden is on the party claiming a privilege to establish whatever preliminary facts are essential to the claim if a motion to compel is filed. Weil and Brown, Cal Prac. Guide: Civil Procedure Before Trial (TRG 2011) ¶8:192 see Ev. C. §§402, 405.
  7. Received Summons from CACH, LLC (attorney Mandarich Law Group) Complaint: Breach of Contract and Common Counts Discovery completed CCP96 sent Awaiting CCP98 cut off date 12/19/15 and will Subpeona any witness. (Won last case against them here) Court date Jan 5th, CA San Joaquin County 1st Question: CACH is Plaintiff and notes Bank of America, N.A. is Plaintiffs assignor BUT the Bill of Sale provided from discovery, production of documents, says CACH,LLC is purchaser and seller is FIA Card Services. Is this usually correct or do they need to provide a bill of sale from Bank Of Am
  8. Can anyone tell me the process of filing and collecting funds in San Joaquin County, CA? I have two court cases that I won. (1) American Express (2) CACH, LLC. I filed and mailed the MC-010 against (1) but never received a response. I'm about to file the MC-010 against (2) but want to make sure I'm not missing something. I'm only asking for my Filing fees of $225 on each case. Any help is much appreciated
  9. Just to let everyone know that I won this case! Here is the letter that I received from the court/judge. CACH,LLC VS ME RULLING ON COURT TRIAL This case came on for trial in the above-captioned Court, Judge xx, on March 19, 2013. Plaintiff was represented by xx; Defendant appeared in person. Evidence was submitted and the matter taken under submission. The court now finds as follows: This is a collection action on an assigned credit card account. Defendant moved in limine to strike or exclude the Declaration of Peter Huber, custodian of records for Plaintiff, submitted pursuant to
  10. I won in court against American Express in 2013! Now fighting CACH...plan to win there too!
  11. Due to some advice I took, I decided to drop the MTC. I have received their Discovery and just starting to go over it. Will be needing help I'm sure of that. But for now I'm just floating on cloud 9 because I just won my other case against OC American Express on Monday!!!! Now I'm fired up
  12. Had court on Monday and I WON American Express!! That's my husband doing a happy dance. LOL Ok, showed up to court but they didn't. Guess they knew they had nothing on me and I was ready to rock and roll. The best part was when the Judge told me that I did my homework and research very well and that I wrote better than most attorney's he's seen. I owe a BIG THANKS to the following people that helped me along the way: Hotwheels96, Anon Amos, calawyer, Seadragon, HomelessinCaifornia, helpme and Shelieh98. Shout out to calawyer for always responding so fast to my messages. 1 down and 1 m
  13. I had court on Monday and I WON American Express!! That's my husband doing a happy dance. LOL Ok, showed up to court but they didn't. Guess they knew they had nothing on me and I was ready to rock and roll. The best part was when the Judge told me that I did my homework and research very well and that I wrote better than most attorneys he's seen. I owe BIG THANKS to the following people that helped me along the way: Hotwheels96, Anon Amos, calawyer, Seadragon, HomlessinCaifornia, helpme and Shelieh98. Shout out to calawyer for always responding so fast to my messages. 1 down and 1 m
  14. Trial Brief to be filed and mailed tomorrow. Could anyone please review, add and/or comment? I. INTRODUCTION AMERICAN EXPRESS BANK, FSB ("Plaintiff") is attempting to collect on a debt alleged to be owed by defendant, (“Defendant”). Plaintiff’s claim for account stated lacks proof, because Plaintiff has failed to show that the elements required to be an account stated have not been met, and Plaintiff has failed to show that a contract existed between Defendant and the Plaintiff. Plaintiff’s claim for damages of $5,308.72 is not the same amount requested in the Pla
  15. I received a Plaintiff's opposition to defendant's motion to compel further response to bill of particulars and monetary sanctions. Plaintiff stated: "Discovery, available to either plaintiff or defendant, is designed to aid in the preparation of proof at trial, while a bill of particulars merely amplifies the complaint in order to make it easier for the defendant to prepare his or her pleading. It has nevertheless been conteded that where modern discovery devices are available there is no need for the bill of particulars. (See 61A Am.Jur.2d (1999 ed.). pleading 737;71 Harv. L. Re. 1473.