h8spleadingpaper

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Everything posted by h8spleadingpaper

  1. I won't say it's impossible. But the feedback I'm getting is that it's unlikely, and if Plaintiff really wanted to push the issue, they'd have to pay the $225 filing fee all over again. On a case in which they know the Defendant is going to fight, using solid arguments. Plus, the alleged debt would now be past SOL in CA, which I'm hearing means they'd be out of luck when it got to Trial (please double-check this, before considering accepting a DWOP). Under different circumstances, I'd have dug in and fought for a DWP. But given the fact that I would have been going before a judge with a reputation for being pro-Plaintiff, the bad bout of insomnia I had gone through the night before, and all of the other weird stuff that's been happening to me of late, I was quite pleased to walk off this battlefield and just let the bodies burn. I don't think I'll be hearing from them again. And if I do, I'll be ready.
  2. ME TOO. Couldn't have happened without you guys. Not in a million years.
  3. I most certainly will!!! I'll also try to resurrect as much of my original thread as possible, in the coming days and weeks. I'll also be redacting my Trial Brief, Objections (and anything else I can think of) and posting them here, in hopes that it will help others that follow. Long live the Pro Ses! Long live CIC!
  4. Thank you so very much to everyone that helped on here, through both advice and moral support. I couldn't have done it without each and every one of you. I especially want to thank the amazing, selfless, incredible calawyer who did so very, very, very much to get me through this, as well as Anon, who stuck with me through thick and thin, night and day. You are both officially my heroes. Your patience, generosity, and downright humanity got me through this, despite a lot of hardships, pain, and stress that are going on in my life. I owe you guys so much and want to do what I can to pay it forward, as soon as I've had some rest (I didn't sleep at all last night). I'll tell the whole tale tomorrow for those interested. In the meantime, if anyone is in a jamb and needs something right away (I know EXACTLY how that is) and you think it's something I can help with, feel free to ask via PM tonight. I'll try to check in off-and-on throughout the night. Best wishes to all, H8spp
  5. For those who've been tuning in. Results of Trial: Dismissal Without Prejudice. And SOL in Cali was up last Fall.
  6. I've been operating under the understanding that evidence listed on the Plaintiff's CCP 96 response as "Not Currently Available" could not be introduced at Trial. I even sent them a letter stating that I'd object to any evidence listed that wasn't made available to me in the CCP 96. However, I just re-read CCP 96, an excerpt of which is, "You are requested to serve...a description of physical evidence you intend to offer; and a description and copies of documentary evidence you intend to offer, or if the documents are not available to you, a description of them." Doesn't this totally allow them to try to introduce any evidence at trial, so long as they have listed it on the CCP 96? I'll still object on the grounds that such items haven't been authenticated by anyone with proper knowledge, but man. Sorry if I've already asked this. I'm stressed out of my mind right now.
  7. Guess I'll have to skip the Statement of Decision. No time to look for one or look into how it's used. Hope that doesn't hurt me. Similarly, I read somewhere that in the Closing Statement (which I don't have any plans to make), I should say, "Once more, Your Honor, I respectfully request that the court note Defendant's objections in the minutes to preserve them for appeal." Should I be saying something like this at the start and end of Trial?
  8. I'm in bad shape right now. I'm going to be putting out a few pleas for help throughout the night, as I can't do it all by myself. If anyone out there can help me track down a few things tonight/tomorrow, I'd be immensely grateful. 1st Request for Help: A Statement of Decision form (if there is such a thing - I looked) for me to use in California and the proper instructions for when and how to use it. I wasn't going to go this route due to the time crunch that I'm now in, but the court finally revealed who my judge is supposed to be and he's totally pro-Plaintiff (I've seen him in action). Thanks!
  9. Then there's this question. I posted it a while back, but I think we all got wrapped up in other topics and may not have gotten back to it: "Finally, in regard to Objecting to Plaintiff's Opening Statements, I've read a few slightly different opinions here. One says to pipe up and object to basically everything Plaintiff tries to say or introduce at Trial. The other says the following: 'PRACTICE POINTER: Your objection during the opponent's opening statement may be viewed by the jury (and the judge) as a rude interruption. Therefore, be as circumspect as possible. The proper procedure is for counsel to state "Objection" (or in an egregious case, to rise and object) and ask to approach the bench.' So is there a way for me to gauge what is being rude vs. what is appropriate when objecting? I think the judges at my local court are pretty lenient with most things, but I've also seen what can happen when someone really p@ssed them off and that's not a road I want to go down. As always, thanks everyone."
  10. Also, I've been wondering about a couple of things for a long time, but have been hard pressed to put them into words: 1. I'm objecting to the Dec In Lieu by Plaintiff's employee on the basis that she has no personal knowledge of the alleged original documents or HSBC's business practices, and therefore can't authenticate them (though Plaintiff will undoubtedly try to claim that she is authenticating Portfolio's business records and therefore, doesn't have to have knowledge of HSBC - this is essentially what they tried to do in the Dec in Lieu). Since the language in Evidence Code 1271 is vague in this regard, I've mentioned the fact that a custodian of one entity cannot testify to the business practices of another and cited Herrera v. Deutsche Bank National Trust Co.; I also intend to grill any witness on cross-exam regarding their knowledge of HSBC. Since I may be going before a pro-Plaintiff judge, does anyone know of another way to hammer this point home (the fact that a witness must be from the alleged OC), in case the judge claims (incorrectly) that the custodian of the Plaintiff is a proper witness? 2. Per the above line of argument, the alleged cc statements, Bills of Sale, and Load Data should all be considered hearsay documents, since they are not authenticated by anyone having proper foundational knowledge. Then there is the Affidavit of Sale, however. Affidavits as a general rule are not admissible (even when notarized), as it denies Defendant due process (Elkins). Nor can this Affidavit be considered a business record, since the requirements of Evid. Code 1271 have not been met. Because the Affidavit was not prepared until almost a year after the alleged Sale took place, it should also be ruled inadmissible as being generated "in preparation for litigation" (Gee v. Timineri). The person who allegedly signed the Affidavit in my case is out-of-state. Since there are obviously going to be cases in which it would be financially prohibitive for Plaintiff to fly in witnesses who have proper foundational knowledge, I have to imagine that the court allows the Plaintiff a way out. What would this be? A CCP 98 Declaration from a "proper" witness doesn't make sense in any case where they are located out-of-state (since a subpoena can't be enforced). Basically what I'm trying to get at is, how should the Plaintiff have gone about authenticating the exhibits named above that they actually have not done? I'm looking for something to say if the judge claims that he/she will accept the Affidavit because he/she needs to be "fair" to Plaintiff. Thanks.
  11. So I'm a few days out from Trial and still confused on some basic issues: 1. As far as objecting to evidence, I know that I need to object to anything Plaintiff tries to get admitted that is not in the CCP 96. However, I'm trying to imagine the scenarios under which Plaintiff's attorney will submit things that are in the CCP 96 (which the judge already has), and whether they should be objected to again after I initially raise my objections at the start of trial. In other words, should I be objecting to anything that JDB lawyer tries to hand to either the judge or a witness during Trial unless I see it first? I know that if it gets to the point of Plaintiff's attorney asking a witness about docs in the CCP 96, I should cross-exam them afterward and renew my objections to the docs at that point, based on witnesses' lack of personal knowledge. I'm just wondering if there should be any objection to Plaintiff getting CCP 96 docs in front of a judge or witness in the first place during Trial? (very confused on this - please let me know if you'd like the question clarified) 2. I've read that when I check in, I should have any witness Plaintiff may bring in sequestered right away so they can't hear the proceedings. My understanding is also that when called, they should go straight to the witness box, so as not to let the JDB attorney coach them. So my question is, how do I find out if there is a witness in the court room or not? Do I ask the Clerk when I check in? I'm just afraid that Plaintiff won't say anything about him/her/them being there, then call them from the audience halfway through the Trial, after they've already heard everything. 3. If I lose: I've read on the Los Angeles Court's website that when a Plaintiff wins a case in Limited Civil, but could have filed in Small Claims court (because the suit is for less than $10K), the judge can, at their discretion, choose not to award attorney's fees. I have to prepare myself for the eventuality of losing, so does anyone know how I would try to convince the court not to award attorney's fees in this scenario? 4. I remember a post from oldwoman that seemed to indicate that the judge in her case was mad about the fact that Plaintiff could provide no POS for Plaintiff's Trial Brief. But I've also had lots of other people tell me to just be prepared for Plaintiff to dump it on me a few minutes before Trial. Is there any court rule that states that a Plaintiff must furnish Defendant with their Trial Brief prior to Trial? 5. Finally (and it's probably much too late for this), I've heard that HSBC (the alleged original creditor) was bought by Cap. One at some point. Does anybody know when? It's a topic I thought of bringing up in regard to Chain of Title a while ago, but I never looked into it. Just trying to think of last ditch arguments, if things start going south for me.
  12. Here are some that others here shared with me recently. REDACTED PLAINTIFF'S TRIAL BRIEF.pdf REDACTED PLAINTIFF'S OPPOSITION TO DEFENDANT'S MIL'S.pdf
  13. I will absolutely share all of my docs once Trial is over next week. I would love it if they could help future people in my position, especially after all of the countless hours worth of time, dedication, patience, and compassion that I've gotten from others on this site!
  14. Oh, no. I can't believe they'd be so anal over whether the ink is blue or black. How did you find out? Was it on their website or did you try to file something that was signed in black ink and they wouldn't accept it? I wonder what could happen? Also, when you mention that court made an issue about your docs being originals, are you referring to the docs that the Defendant signs (Trial Brief, Objection, Dec in Lieu of Objection) or the docs other people sign (POS, Affidavit of Due Diligence, etc). Or both?
  15. So my Trial Brief and written Objection went out to Plaintiff this morning. Now I'm getting the originals together for the Court (and making copies for myself). Can I keep the signed original docs from third parties (POS forms, Affidavit of Due Diligence, etc), give the court copies of them, and just provide signed originals of the things I sign (like Trial Briefs and Objections)? Sorry, I just didn't get much sleep or food last night, so I'm not thinking very clearly. Also, should I bring my copies of these docs along with me when I file them with the court clerk so that she can conform (stamp) them, in order to have a record that they were filed? Thanks!
  16. Whoa. So glad I asked. I was going to give the court copies and keep the originals! I take it that it's okay I used black ink when I signed the docs? I know credit2011 mentioned blue ink, but I don't usually keep blue pens in the apartment. Thanks, Anon!
  17. Hey, folks. Getting ready to pop my Trial Brief, written Objection, and Declaration in Support of written Objection in the mail to Plaintiff this morning. A couple of nervous last minute questions: 1.) Do I need to include any kind of "cover letter" on pleading paper indicating what Plaintiff is receiving and why? Or can I literally just put the three documents in an envelope, send them, and know that Plaintiff will understand why they're getting them? I only ask because anything I've sent previously (Discovery requests, etc) always had some kind of opener addressing Plaintiff directly. 2.) The Trial Brief, written Objection, and Declaration in Support all needed my signatures on them. I keep the originals and just send copies, both to Plaintiff and Court, right? Pretty sure I know the answers to both of the above questions, but I wouldn't want to slip up now on a technicality. Thanks!