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Posts posted by spacejam

  1. UPDATE: 


    First off I would like to apologize for the lack of responses.  I did decide to leave it alone, and just wait it out and would periodically check on it online, and calling in to speak with the clerk. 

    • It looks like in September 2017 there was an ex parte disposition hearing to start the clock for want of prosecution.
    • September 2018 notice of dismissal went out, with 30 days to respond
    • October 2018 case closed dismissed without prejudice


    This is now passed the SOL, so I should be okay with this now correct even though it was dismissed without prejudice??


    Also I would like to thank everyone on this forum, you guys have been beyond a blessing with abundance of advice and information.  I could not have made it this far without you guys.

    • Like 1
  2. UPDATE:

    So I've been patiently waiting and randomly checking the status online, and didn't see any movement.  So I decided to call and follow up.

    According to the latest person I spoke with, they said all the dismissals that went out in October 1, 2015 was actually a system glitch and notices did not go out.  She said that it technically wasn't filed by the clerk to dismiss due to inactivity, and she also said that doesn't mean that it won't happen either, it's just that all of the ones that went out in October 1, 2015 are invalid. 

    So now that I know that isn't the case and the clerk did not dismiss it,  what course of action should I take? 

    Should I wait this out, and wait for the clerk to file the motion to dismiss? 

    Should I file my own motion to dismiss?  (I am nervous about this as that means I will have to go to court for this)

    If I file my own motion to dismiss, and a trial date is set will we only speak on the motion I filed? Or can the plaintiff's attorney turn it into an actual trial?


  3. @kraftykrab

    This is all i found as for Superior Court Civil Rules, it just expands on what @BV80 posted above which is from CR41


     (2)  Dismissal on Clerk's Motion.
        (A)  Notice. In all civil cases in which no action of record has occurred during the previous 12 months, the
    clerk of the superior court shall notify the attorneys of record by mail that the court will dismiss the case for
    want of prosecution unless, within 30 days following the mailing of such notice, a party takes action of record or
    files a status report with the court indicating the reason for inactivity and projecting future activity and a
    case completion date.  If the court does not receive such a status report, it shall, on motion of the clerk,
    dismiss the case without prejudice and without cost to any party.
        (B)  Mailing notice; reinstatement.  The clerk shall mail notice of impending dismissal not later than 30 days
    after the case becomes eligible for dismissal because of inactivity.  A party who does not receive the clerk's
    notice shall be entitled to reinstatement of the case, without cost, upon motion brought within a reasonable time
    after learning of the dismissal.
        (C)  Discovery in process.  The filing of a document indicating that discovery is occurring between the
    parties shall constitute action of record for purposes of this rule.
        (D)  Other grounds for dismissal and reinstatement.  This rule is not a limitation upon any other power that
    the court may have to dismiss or reinstate any action upon motion or otherwise.


    So from what the clerk said they haven't responded to the the original notice.  So I wouldn't think that they would be eligible to reinstate the case, well depending on what the court deems as a reasonable time.  

    What are your thoughts?



  4. Update:

    Just got off the phone with an office clerk and have some good news.   

    Last activity was on October 1 2015.  The clerk  filed a Motion to Dismiss with the Plaintiff due to inactivity.  

    December 1, 2015 it was filed to be dismissed due to no response from the Plaintiff.

    Was I supposed to receive a copy of that filing?   As I did not and was unaware.

    She also mentioned the site has outdated information as they have been going through a long legacy software upgrade.  Although my case was filed to be dismissed, it hasn't been officially dismissed yet.  They are working through a hefty backlog, and its delayed because of the upgrade.  


    @CCRP626 @BV80 @kraftykrab

    Is there anything else I need to do? or just wait it out?

    Thanks in advance!

  5. @CCRP626 looking online it looks like its been inactive since my original trial when I asked for a Motion to Dismiss, but thats my assumption it could just be a poorly maintained site.  So i cannot confirm nor deny that this is accurate.  

    Should I make a stop at the court house and ask about the activity?

    Will my inquiry start the clock again on activity?

    Also would you or @BV80 know if a case is open and while its open that the statute of limitations is met does that benefit me at all?  Or does that not apply?

    I tried researching this, and couldn't find any information.  Also the case was opened prior to the SOL and since they haven't moved forward it has now been exceeded if that helps to know.


    Thanks again for all your help.

  6. Holy cow!  I totally dropped the ball on this one guys!    Its been nearly 3 years and no action.  I was going through a divorce and other pressing things came up and disregarded this and practically forgot about it until I just recently ran across my paperwork from when I originally submitted my motion to dismiss.  

    There has been no action from the lawfirm nor I in nearly 3 years.  Is there anything I can do at this point?

    Also we are at the statute of limitations now, I'm wondering does that apply since a case was already open?

    Can I refile my motion to dismiss again?  Any suggestions?  


    Thanks in advance!

  7. @Anon Amos


    This is all new to me so i'm a little confused.  I was under the impression that discovery remains on going?  If I send them a meet and confer will I actually have to meet with them?  Is it possible to just send a new request for discovery with all new questions?


    I'm trying to research rules that apply to WA state, but i'm even having a hard time understanding what applies and what doesnt.

  8. @shellieh98


    I originally sent my discovery request to the first lawyer. See page 2 post 39.  Are you saying i should send a new request for discovery to the new lawyer?  If so what 5 requests, or should I request from the judge permission to more requests for discovery, or should I just put in the same requests being that i already went to court and the judge stated we are still in the discovery process?



  9. @shellieh98


    I have not sent out discovery to the new lawyer.  No trial date has been set, or that i know of ( no letters sent to me, no court date shows when i search online).  The new lawyers have yet to send any evidence this is only the second piece of information that has come from the new lawyer.  The first was to try to collect from me and to state they took over the case.



    Okay this maybe a dumb question, but under statement of facts they are now claiming to be an assignee and successor, will this come into play later if it is not questioned?  Or is this irrelevant to the amend?




  10. Update:


    So nothing from the lawyer after the MTD trial until now 7 months later.  They have now sent me an ex parte motion to amend complaint, plaintiffs attorneys declaration in support of ex parte motion to amend complaint, order to amend complaint and a certificate of service.  Not sure what steps are needed now.  Any help will be greatly appreciated.



    I will write out each document here




    I. Relief Requested

               Plaintiff CACH, LLC now moves the court for an order granting leave to amend the complaint filed in the above-entitled action. Plaintiff solely seeks to amend the prayer for relief to remove any and all requests for pre and post-judgment interest, costs and attorney's fees.  Plaintiff does not seek to amend the substantive allegations in the complaint at this time.


    II. Statement of Facts

               Plaintiff is the assignee of GE capital retail bank ( herein "original creditor") and the successor-in-interest to credit account xxxxxxxxxxxxxxxx (herein "the Account").  On or about 10/19/2003 the defendant opened the account with the original creditor.  The original creditor subsequently sold and assigned the account to plaintiff.  At the time of assignment, there was a balance of $3xxx.xx due and owing on the account.  Plaintiff filed the instant complaint against the defendant to recover the same.  As part of the prayer for relief in the complaint, Plaintiff requested pre-judgment statutory interest, reimbursable costs, and attorney's fees.  Defendant has appeared in this matter, and thus the reason the for Plaintiff requesting said amendment of this honorable court.  Plaintiff now seeks to amend th prayer for relief to remove the request for pre-judgment satutory interest, reimbursable costs, and attorneys fees and only pursue the principal balance of $3xxx.xx.


    III.  Legal authority

             Under Wash. CR 15, leave shall be freely given when justice so requires.  THe touchstone for the denial of a motion to amend is the prejudice such an amendment would caust to the nonmoving party.  Cambridge townhomes, llc v pac. star roofing inc, 166 wn.2d 475, 484 (Wash. 2009).  The test for prejudice is whether the nonmoving party is prepared to meet the new issue.  Hendricks vs hendricks, 35 Wn.2d 139 (Wash. 1949).  In the absence of prejudice to the nonmoving party, however, delay alone is not sufficient to justify denial.  Orwick v fox, 65 wn. app 71, 89 (wash. ct. app. 1992).  Here, plaintiff does not seek to amend the factual allegations in the complaint.  Therefore, no new issues are being introduced that the defendant will have to defend against.  Plaintiff only seeks to amend the prayer for relief to remove the request for judgment statutory interest, reimbursable costs, and attorney's fees.  Thus the proposed change would neither cause injustice nor prejudice to the defendant.  Consequently, Plaintiff respectfully requests leave to file an amended complaint and serve the defendant with the same.



            A proposed order granting Plaintiff's motion for leave to amend is attached hereto.




    This is the first time they are claiming to be an assignee and successor, not sure if that is pertinent information, but it kind of stood out to me as i was reading it over. 






    I, Ryan E Vos declare,


    1. I am the attorney of record for Plaintiff in the above referenced action.


    2.  If called as a witness I would truthfully and competently testify to the matters stated herein


    3.  Plaintif was originally represented in this matter by the kirkland law group.  Kirkland law group filed the instant complaint on behalf of the plaintiff.


    4. My firm, Mandarich law group llp, subsittued in as counsel in early 2014.


    5. Plaintiff has chosen that it is in their best interest to amend the prayer for relief to remove the request for pre-judgment statutory interest, reimbursable costs, and attorney's fees.


    6. Plaintiff respectfully requests this court to grant leave to permit plaintiff to file the first amended complaint attached to this motion.


    7. Plaintiff does not seek to amend the substantive allegations in the complaint at this time.


    8.  This motion is not being made with the intent to unduly delay the proceedings, nor is this motion made for lack of due diligence on the part of Plaintiff.


    I declare under penalty of perjury under the lasws of the sate of washington that the foregoing is true and correct.








    This matter came before the court on Plaintiff's motion fore leave to amend the complaint.


    The Court hereby Orders:


               1. Plaintiff shall amend the complaint to remove the request for pre-judgment statutory interest, reimbursable costs, and attorney's fees contained in the prayer for relief.


                2.  No prejudice to the defendant has been shown.  Based on the above findings, it is hereby ordered that the plaintiff's motion for leave to amend is GRANTED.  Plaintiff is to file and serve the first amended complaint attached to the motion.


             Defendant shall file and serve a responsive pleading within ten (20) days of service fof the amended pleading.












     These are all the documents i have received, and need help on how to proceed and respond?


    @racecar @shellieh98 @Anon Amos You guys have been great help thus far i'm hoping you guys can be of help again.

  11. UPDATE:


    So my original hearing for the motion to dismiss was jan 29th.   Since the new lawyer is based out of Calif.  he called in and asked for  a continuance for today claiming never being notified by me.  It was rescheduled for today.


    So I show up, not really knowing what to do or say.  Hoping that the lawyer wouldn't show up either.  Well they were going to attempt to call the lawyer but another lawyer shows up on behalf of the new lawyer.  She asks to see all my paperwork and i refuse it.  


    So the judge calls us up and goes over the base points.   And basically denies my motion due to the fact that the case is still in discovery, and that the case was only filed in august.  She said 7 months isn't  enough to consider failure to prosecute.  She gives me a copy of the notification of new counsel and states that we can continue with discovery and see where this goes.


    So now my question is do i wait for their discovery requests?  Should i send them my discovery requests?  not sure what to do.

  12. The plaintiff has not responded to my motion as it was not received by them.  I originally mailed out my motion to the old law group, and filed with the court.  Since the filing it seems as if the old lawgroup is no longer in business and at the time I was unaware of any new lawyers or lawgroup associated with the plaintiff. 

    I then received the call from the court house stating that they have a new attorney and they asked me if i was aware of this and i told them no.  They said they will forward this to the new lawyers but proceed with setting a court date for the hearing on this motion.


    I've been trying to prepare myself for this, but its been hard trying to identify what I need to bring or study.  There has not been much info i could find on hearings specifically on MTD.  So just looking for any help that i can get.

  13. Looking for some help!


    I have been doing research and not sure on how this hearing will go.  Maybe someone can answer some questions for me.  Will this hearing only be on my Motion to Dismiss?  Will I need to have all my case laws ready to dispute with the Judge?  Is it possible for this request for a MTD hearing to turn into the actual case trial hearing?  If the lawyer does not show up will I still need to have everything to go over with the judge?  Is there anything specific i need to mention or bring up incase they dont show up?


    Its been hard trying to locate some information specifically on Motion to Dismiss hearings.  Also i'm not sure what caselaws I can use with the statements i have made above asking for this motion. 


    Any help will be extremely appreciated.   Hearing is in 1 week from today! 

  14. Update:


    I did receive an official letter, stating my hearing for civil motion is scheduled for January 29th. I'm not sure how to present myself or what I should be saying.  If anyone can give me pointers on wording and how I should approach the motion.  During this hearing to I need to have case laws ready? Do I have to speak on all my points from my MTD?   My MTD followed @racecar post that was lost.  I have copied the body of what was sent.







    Defendant respectfully requests that the Court Dismiss the Plaintiffs case with Prejudice for Failure to Prosecute.



    As Grounds For This Request, Defendant states and shows the Court:


    1. Plaintiff filed this case with court against the Defendant on August 23, 2013.
    2. The Plaintiff failed to comply with the Defendant’s discovery requests.
    3. There exists no agreement between the Plaintiff and the Defendant.
    4. The Plaintiff has neither explained the delays nor shown mitigating circumstances.
    5. A person starts the law in motion and does not with reasonable promptness pursue all the steps necessary to bring the litigation to an end, he should suffer the penalty of a default and a dismissal of the action.
    6. Therefore, this action should be dismissed under Rule 41 with prejudice because of the Plaintiff’s failure to diligently prosecute this case.





    Respectfully Submitted,


    Wherefore, Defendant prays that this Court find judgment for Defendant, grant Defendants Motion For Failure to Prosecute and deny Plaintiff’s request for any relief.

    Defendant further prays that this Court hold that Defendant is the prevailing party, and dismiss Defendant with Prejudice.

  15. UPDATE:


    I just received a call from the court house,  they stated that the Motion to Dismiss cannot be heard ex-party (with no parties present).  So they said they will be setting up a court date at the end of january to hear the Motion.  They said they will be notifying the new lawfirm and will proceed with a date at the end of January.  So it seems i will need to prepare myself for a court hearing.  Extremely nervous and not sure what case laws will help me with this motion. 



    Any help will be greatly appreciated. Thanks!!

  16. @racecar


    Aside from sending the Debt Validation, do i need to send all the previous documents to the new lawyer?  or should i assume that everything that has been filed is their responsibilty to obtain?




    Name of the lawfirm was kirkland law group a small local lawfirm that focused on Junk debt.  Not sure what happened to them, but i did pay a visit to their office during business hours, and found all doors locked and a peek through the window showed an empty space, everything removed.  Yes it does seem strange that a law firm would go out of business in the middle of a case.

  17. UPDATE:




    I filed my Motion To Dismiss as you suggested, but that post is no longer on this thread for some reason.  I just received a letter from the new law group in pleading paper Notice of Withdrawal and consent to substitution.  Its stating effective november 1 2013, that they are the new lawyers for the case and all pleadings, documents and notifications shall go through them signed and dated by the new attorney.  Dated november 4th.  I submitted my MTD December 10th.  I Received this letter December 13th.  


    So i'm assuming i have to send everything to this new lawyer, but what does that mean for my MTD? Do I have to mail it to them now?  



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