h8spleadingpaper

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Everything posted by h8spleadingpaper

  1. Thanks, John! I exported most of the posts in the thread before having it taken down. Once trial is over, I definitely intend to repost all of the information that I can. It's the very least I can do, given all of the help I've gotten here from folks. Also, if there is any particular topic that you remember in the thread that you need right away, let me know. I'll try to find it and, if necessary, PM you the info. Good luck to you too!
  2. Oh, really? That would be great! I thought maybe we were trying to get things to them a week before trial so that they would have plenty of time to review things and (if I was super, super lucky), dismiss a few days in advance. If I send it standard CMRRR tomorrow morning, it might get there on Friday, or Saturday by the latest (so say, Monday morning). That would give them a couple of days next week to look at it. If overnighting it is a better strategy and it's around $25, I'm game for it though.
  3. Silly question No. 1 Billion: I have to try to get my Trial Brief and written Objections out to Plaintiff first thing in the morning (I'm running late on this, since I wanted them to be there tomorrow). When sending these, do I need to include copies of all of the exhibits cited in the Brief and Objections (including things Plaintiff already has like Plaintiff's Dec in Lieu, etc), so that it's a page-for-page match to what I'll be submitting to the Court? I'm assuming so, but thought I'd better ask. My reason is that I'm going to have to pay to send these documents to Plaintiff overnight. When I've done that in the past, it's been over $20.00 for just a few sheets of paper. Since my Trial Brief, Objections, and Exhibits (including docs Plaintiff sent me previously) will add up to a STACK of papers, I'm thinking that USPS is going to destroy me on cost (unless maybe most of the $20.00 they've charged me in the past has been for the rush delivery alone). Anyone have any thoughts on this? I expect I'll have to send it all, so no need to sugar-coat it for me if so. Thanks!
  4. If I happen to win, I believe I can get some costs back by sending the Court and Plaintiff a JUD-100, MC-010 and POS. Does anyone know if you have to ask for this at the conclusion of Trial, or can you just send the forms within a reasonable amount of time afterward? Thanks.
  5. This is why I was kind of scared to combine my written Objections into the objection to Plaintiff's Dec in Lieu. My thought process is that if the judge throws out the combined Objection because the witness shows up (or he/she just feels like it), then my written Objections to the evidence go with it and are never seen by a potential appellate court. Does that sound logical?
  6. Thanks, shellieh. I actually already have this doc, just hadn't had time to look at it yet. Sorry for your trouble!
  7. Hey, Anon. Thanks again. I think I may have confused you. Sorry about that. I'm actually planning to file the Objection within the next few days (along with the Trial Brief) and overnight a copy to the Plaintiff. Time is tight, but I'm shooting for 5 business days before the trial to have it to them. What I was actually saying is that I'm assuming if the judge doesn't read the Objection to CCP 98 in advance, I will just have to state the objection orally at beginning of trial and start arguing my points.
  8. I had it deleted on purpose. Knowing that I might be depriving others of that info was heartbreaking. But I did export most all of the information and will definitely try to repost it, once my trial is over. I had hoped that the thread could just be rendered inactive or hidden temporarily, but it wasn't the case.
  9. Thanks, guys. Here are a few I've been wondering about today: 1.) I just read the Court Reporter's notes from another Trial. I'm assuming that Defendants choose to pay for these in order to have a more complete record of the Trial, in case the need arises to appeal. I really didn't want to have to go to the expense, since I already have so much time and money tied up in this. Does anyone know what it usually costs and how far in advance the reporter has to be booked? I'll try to find it on the court's website as well, but wanted to throw it out there. 2.) If a Court Reporter isn't hired, then Appellate Court can only go by the documents filed (and objections raised therein), along with any notes the Judge may happen to take, correct? In other words, if I miss an objection in the Trial Brief and written Objection, the appeals court can't consider it, right? 3). The Court Reporter notes I read indicate that at the beginning of Trial, the Judge asked if there were any 402 motions (apparently, these are motions in limine). I'll be filing a written Objection to the Dec in Lieu and all exhibits (combined) instead of an MIL, because I had read that some judges won't allow an MIL if it's not a jury case. Court and Plaintiff should have this 4-5 business days before Trial. So should I assume that my written Objection won't be read before Trial commences, and that I should then ask at the beginning of it that the Objection be considered at that time? 4.) There was also mention in the Court Reporter notes of requests for "Judicial Notice" and "Statements of Decision." What are these? Again, many thanks.
  10. ***Please note: The first part of this thread may now be found here: http://www.creditinfocenter.com/community/topic/326374-portfolio-recovery-hunt-henriques-old/?p=1327446. I feel as though there was a lot of useful information to be had therein, from lots of kind and knowledgeable folks who were very generous with their time and goodwill. Good luck and best wishes to all of my fellow Pro Se Defendants!*** @calawyer @Anon Amos @RyanEX Hey, guys. As you all know, I received some information last night that caused me to have my thread deleted this morning. The timing really couldn't have been worse, as I have Trial coming up soon and have to get my Trial Brief and Objections in the mail (at this point, I'll probably have to borrow the money to pay to overnight them in order to get them to Plaintiff 4-5 days before court). So I've started this new thread, in the hopes that maybe you will be willing to let me ask a few general questions over the next few days, in order to get this thing over the finish line. What do you all think? Thanks.
  11. I've seen the light! Thank you to everyone who contributed to this thread. Best wishes.
  12. I get what you're saying. It was just something that i wanted to keep in the exemplar Trial Brief I was using, in order to cast further doubt on credibility. Not a big deal, I only spent a few minutes on it. I realize that there are more important things to focus on, but I'm currently stuck on issues regarding the differences that should exist between my Trial Brief and written Objections and needed a diversion, since no one's been able to explain it in a way that I can quite grasp. I started a separate thread to get these names because I mentioned Ashley Oku many times in my main Portfolio thread, but no one ever had any input on her. I was hoping to cast a wider net by starting a new (brief) thread, that would catch the eye of anyone that recognized the names. Sorry if this was poor form.
  13. Thanks as always, Anon. CA EVIDENCE CODE 1200/Elkins is definitely my first line of defense in regard to the Affidavit and Bill of Sale. It's just that I currently have supporting lines in my Objections and Trial brief about affiants being from out-of-state, so I wanted a little info to back up my assertions.
  14. Well done, bassplayer! This is just the kind of thing I was looking for. I had found Dave Nauman on LinkedIn as well, but was lacking a document with his address. What you say about the Greater Philly area makes sense. Ashley was a total mystery to me. Glad you were able to find something on her. Not sure what the judge's reaction will be to proof from internet sites, but I intend to put it in. And yes, my Affidavit from Ashley Oku does indeed have a Notary Public stamp on it from Nevada (Madellaine Castro Opulencia), which could of course have been added through Photoshop (the whole thing's a weak-looking photocopy, dated 2012). Though the Notary is different, Ms. Oku's signature looks as though it's signed by the same hand. The language of the doc is identical to mine, right down to not having a proper account number. Ms. Oku also claims to be an "Assistant VP and Assistant Secretary, Administrative Division of HSBC." Sounds like a totally made-up combination of titles that have noting to do with each other (no assistant VP I know would have the word "Secretary" in his/her title). Thanks a lot for your help!
  15. CONGRATULATIONS!!! I just finished reading most of both threads. My heart sank through my guts when I heard how the first trial went, since I'm currently preparing for mine. In my (admittedly amateur) opinion, that judge had no business in a courtroom. So glad justice prevailed in the end. You fought like a lion, bro.
  16. Hey, Everyone! I have a case in which "evidence" provided by Plaintiff (Portfolio) includes an alleged Bill of Sale signed (possibly robo-signed) by David Nauman of HSBC BANK NEVADA, N.A. and an Affidavit of Sale signed (again, probably robo-signed) by an Ashley Oku of HSBC. I'd like to be able to show that neither are residents of California, but they haven't stated their locations in the documents. Initial internet searches seem to indicate that the former may be in Philadelphia, while the latter seems to be a ghost. Has anyone had a case with either of these individuals named and discovered their places of residence/business? Also, if you know of any documented instances of robo-signing associated with these names, it would be very helpful. Pro pers unite and stand strong!
  17. Does anyone know where I can find examples of Trial Brief(s) and Declaration(s) in Support of Defendant's Trial Briefs for the following Causes of Action? Common Counts: 1. An open book account 2. For money had and received by defendant for the use and benefit of plaintiff. for work, labor [yes, that's really how they listed it in the complaint] 3. For goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff 4. For money lent by plaintiff to defendant at defendant's request 5. For money paid, lent out, and expended to or for defendant at defendant's special instance and request I'm currently referencing HomelessInCalifornia's and ASTMedic's documents, but unfortunately, the only Cause of Action I have in common with their cases is the Account Stated. Any help is greatly appreciated!