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browniebrownie141

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Posts posted by browniebrownie141

  1. I just came back from Court Trial.

     

    I Lost. I told the Judge I will be filing the Appeal on the spot.

     

    There are a few things:

     

    1. JDB's witness showed up at trial, although I tried as hard as i could to attack, even brought up People Vs. Dorsey 1974 appeal case law. No use.

     

    2. The JDB attorney provided a big folder, looks nice, but inside I found there was 1 piece- Affidavit hiding, but I caught it, brought that up to Judge, got

    that kicked out because it was not listed in CCP 96 reply from plaintiff. Judge precluded that piece OUT, but at the end, not good enough.

     

    3. I could not help from thinking, did the Judge errored on the issue of Lack of privity/ broken privity. As I repeated brought it up. But does NOT seems to interest him? Perhpas I did it in a incorrect way? I kept repeating HSBC Trust 1- to Trust 3- Trust 4 and how JDB do not have those document= broken chain of custody of document(s); = broken privity.

     

    Like I mentioned, I am emotionally prepared. Rocha, Rogers had to file appeal.

     

    Just of my head, I have 15 days to file my appeal, right ?

     

    I will be focusing on the Issue of how JDB witness should be unqualified based on People Vs. Dorsey 1974.

     

    And Lack of / Broken Privity.

     

    If anyone can brain storm Me other these 2 reason(s), please......

     

    Million thanks

  2. Dear easy619:

     

    I have been faithfully following yr case, and clearly, would like to give you all the emotional support that I can.

     

    Looking at the Target Vs. Rocha, and CACH Vs. Rogers, both were lost but they filed the appeal, and got verdict reversed.

     

    It seems to me, that's part of the path.

     

    My trial is coming up real soon, and I mean it. Surprisingly, JDB did not filed a CCP 98, nor send me one. But they responded my CCP 96.

     

    So, as you can see, I am preparing for verbal agrument/ live trial.

     

    You are way ahead of me, and I must say, hang-in-there, stay tough.

     

    That's what it takes, ....

     

    Rememer this : You Are Beautiful !

    • Like 1
  3. May be just a little off track....Did you receive any 1099 which related with tax filing, from Chase, which reflected the alleged account named in the lawsuit?

     

    There has been a situation that chase issued 1099 instead, then they filed with IRS for a full tax related credit or some sort. If it is yr case, then, showing the 1099 may be helpful to you.

     

    And since, it is a JDB= junk debt buyer. In order for them to successfully win the case, one must have legal standing, and must have "complete chain of custody of document" relating to all sale transfer(s).

     

    I am sure other Members will jump in to help you.

     

    Check to see if you fit in any  "Affirmative defense(s)" in addition to just general denial.

     

    Also check to see if you would qualifed for fee-waiver-( covers filing fee at court) Most of the court do have a website so that later on you can check the status of yr case summaries, especially what plaintiff had filed on yr case.

     

    You must "answer" the the complaint now that they served you, so that it won't be a Default Judgement against you.

  4. @Calawyer: Ok...I got your PM.

     

    @Anon Amos, and All other Ladies & Gentlemen here:

     

    Now, I have a list of evidence(s) that I would like to bring to Court trial.

     

    JDB/ Attorney DID NOT send me CCP 96.

     

    And what exactly do I need to write on Declaration to make it GOOD ?

     

    Description of document(s) to be produced at trial:

    1. Defendant’s Discovery Request(s) AND Plaintiff’s Discovery Replies.
    2. Defendant’s Amended Discovery reply to Plaintiff’s Discovery Request.
    3. Letter from HSBC, indicating that Defendant had another account with HSBC but closed due to inactivity/ no amount was owed.
    4. Letter sent from defendant to Capital One and mailing details, as HSBC Bank Neveda/ card services was acquired by Capital One, asking for confirmation.
    5. Letter from Capital One to defendant, confirming account information.
    6. Letter from Credit rating agency indicating the disputed account /account activity were removed from defendant’s credit report after receipt the disputing request and evidence(s) from defendant.
    7. NY Times newspaper /online reported that HSBC card service was acquired by Capital One.

     

    Defendant reserves the right to call other witnesses and use evidence(s) for impeachment purposes.

  5.  

     

     

    The Code of Civil Procedure says "intend" CCP 96).  Here is an exemplar for a letter:

     

    http://www.creditinfocenter.com/community/topic/324635-ccp-96-answered-and-i-have-big-questionstrial-date-coming/page-2#entry1306197

     

     

    @calawyer:

     

    Ok I understood the importance of the word "INTEND" was missing, although they did'nt use the word "MAY".

     

    -they did provided address, but they did not indicated it's JDB attorney office. ....checked internet, it's either another attorney office or guarrany bank or PC store...etc. But I also notice, from this forum, JDB have been using this & 2nd san diego address....it just they DID NOT states it's JDB address.

     

    -as they DID NOT announce themselves as JDB counsel office address, but rather, just a plain address looks they can be reached there. Do you really think it serves any good by writing this letter in the middle of this ? so say they come back and stated witness #2 and ME are intended to call, then,...??

     

    Here is what I think/ guess.....(1) they would bring a live witness to trial; or (2) somehow along the way, they knew they forgot the CCP98 deadline, they perhaps will try to submit a no-good CCP98 later --betting that I would not know the deadline.

     

    Should I send them a letter?.... indicating that their CCP98 deadline had passed, & on the record, i did not received any CCP98 from them.

     

    Or the letter carry you message and my above ??

     

    Looking at the sample letter below:

     

    CCP 96 requires Plaintiff to list 1) the names and addresses of 2) the witnesses it intends to call at trial. Plaintiff has done neither. Instead it has listed the names of 5 witnesses it may call at trial. Nor has it provided addresses. Instead it has given the address of plaintiff's counsel.

    Plaintiff's failure to identify the witnesses it intends to call at trial (or provide true addresses), has hampered Defendant's ability to prepare for trial. Please take notice that Defendant intends to object if Plaintiff attempts to call any of these witnesses at trial.

    XXOO

     

     

  6.  

    @Anon Amos, @calawyer, & others

     

    refering to posting #290:

     

    1. The causes of action is both open book & account stated. I saw from somewhere, durinf cross examination, if JDB's witness cannot fully accounted for all accounting details, they could ONLY get the portion of the $$ they could "account for" IF they win the case. I guess I would prepare for questioning. But is it a GROUND for MIL ?

     

    Not a ground for MIL.  You won't know until they put on evidence.  They say they intend to bring documents you have never seen to trial.

     

    2. How about "Objections to Plaintiff's CCP 96 Reply" as they prepared 2 days late ( from their own attorney signature/ date & their proof of service signature also October 22nd. ( 2 days pass the October 20) --Anon Amos thinks it's timely!

     

    They get an extra 5 days if you mailed the CCP 96 request.  20+5days from September 29 is October 24.  They served it 2 days early.

     

    3. "they have not properly identified the witness as the code requires"/ how they NOT comply with CCP 98, Detail Please !

     

    See above.

     

    4. Should I "Objections to ALL their witness's Declaration in Lieu of Testimony, just in case if they try something funny later? Just to have my "Objections to their CCP 98 on the record ?

     

    I am still confused about this.  You have not received a declaration in lieu.  Have you???

     

    5. Should I also go aheag to Subpoena one of the witness ANYWAY, just to cover my base?? ( I read, You BOTH ALREADY TOLD ME, )...but still...

     

    You know the answer.  No.  Why would you want to subpoena the witness?  If no witness shows up at all, you win.  The only reason you ever want to subpoena a witness is if they have a declaration which will be admissible at trial UNLESS you subpoena the witness.

     

    6. I further check online, turns out many of JDB's cases, also using a San Diego County address, 138 miles away from the Trial court-North of Los Angeles County.

     

    Million thanks

    @calawyer, @Anon Amos :

     

    No I HAVE NOT RECEIEVD plaintiff's Declaration in Lieu of Testimony. Non of the document I received has an heading/ description like that.

     

    This is 1 reason why, I asked earlier, upon showing to you all with the document-- I asked: is this REPLY to my CCP 96 Or is it their CCP98. 

     

    I know, their deadline for sending me CCP 98 had passed.

     

    As I mentioned, last night I did some searching, and Yes, I have been preparing to "Live-trial "preparation. I have been reading and got on Court-call, listening to " court in session"....trying to get myself NO FEAR, now I am quite comfortable with court environment. I even went to sit in at downtown Los Angeles Federal Court and Superior Court to see/ hear different people court cases in session.

     

    Refering to your earlier comment: ( they DID NOT used the word INTEND, but they also DID NOT use the word MAY )

     

    Posting #284 my photos of document Page 1 / line #18/19 : it's "Witnesses to be called at trial"

    And ................................................................./ line #22/23 : In the event Myrell Johns (listed as #2 witness; they listed ME as #1 witness) becomes unavailable for trial, plaintiff will call another of its custodian of records...

     

    Confirm to KICK them on this ?

     

    Million thanks

     

    You have Millions Millions of writing.....the heading I will be searching under yr user name & ccp96, right ?

     

    Meanwhile, I finalise my trial brief and others,...

     

     

     

     

     

  7. @Anon Amos, @calawyer, & others

     

    refering to posting #290:

     

    1. The causes of action is both open book & account stated. I saw from somewhere, durinf cross examination, if JDB's witness cannot fully accounted for all accounting details, they could ONLY get the portion of the $$ they could "account for" IF they win the case. I guess I would prepare for questioning. But is it a GROUND for MIL ?

     

    2. How about "Objections to Plaintiff's CCP 96 Reply" as they prepared 2 days late ( from their own attorney signature/ date & their proof of service signature also October 22nd. ( 2 days pass the October 20) --Anon Amos thinks it's timely!

     

    3. "they have not properly identified the witness as the code requires"/ how they NOT comply with CCP 98, Detail Please !

     

    4. Should I "Objections to ALL their witness's Declaration in Lieu of Testimony, just in case if they try something funny later? Just to have my "Objections to their CCP 98 on the record ?

     

    5. Should I also go aheag to Subpoena one of the witness ANYWAY, just to cover my base?? ( I read, You BOTH ALREADY TOLD ME, )...but still...

     

    6. I further check online, turns out many of JDB's cases, also using a San Diego County address, 138 miles away from the Trial court-North of Los Angeles County.

     

    Million thanks

  8. Did you receive a CP 98 affidavit?

     

    If not, you do not need to subpoena anyone.  You might, however, want to write a letter to plaintiff explaining why naming 5 possible witnesses does not comply with CCP 96.  I have posted several exemplars.

     

    @calawyer, @Anon Amos:

     

    If this is their REPLY to my CCP 96, then....NO, I have NOT received their CCP 98 Declaration in Lieu of Testimony. ( And Anon Amos points it out, deadline for ccp98 is 30 days prior trial ( + 5 mailing = 25 days) .....already passed deadline.

  9. Did you receive a CP 98 affidavit?

     

    If not, you do not need to subpoena anyone.  You might, however, want to write a letter to plaintiff explaining why naming 5 possible witnesses does not comply with CCP 96.  I have posted several exemplars.

     

    @calawyer, @Anon Amos and others:

     

    Can you give me more detail(s) as to how they DO NOT COMPLY with CCP 96 besides the point I found ( they are 2 days late) ....

     

    Can you please once again to provide the "link" of yr examples....

     

    Million thanks

  10. google shows that is a PRA address. It is within 150 miles and unfortunately, San Diego sheriffs no longer serve civil subpoenas. However, have the la county sherriff serve the subpoena, the have a SD sherriff serve it. You should prepare for the witness to be there at trial. This may be a new tactic because the ccp 98 things recently.

     

    However get that subpoena served to the address listed in the CCP 98 if they file one. They may not submit a declaration or may say the sent one then show up with one on the day of trial. So be wary.

     

    Also make a motion to exclude evidence for failure to supply the complete accounting for bop.

     

    @Seadragon: thanks for yr reply.

     

    1. Long long time ago, i did a Bill of Particular and they stone-walled me with non sense. I filed a motion to preclude the evidance but the Judge back then, turned down, I also made a small mistake by faxing the motion paper to JDB's attorney, which I should nt.

     

    But the Judge said to me, there will be a time for me to do the MIL, prior trial.

     

    My understanding about the CCP98, is that,...they must do so, 30 days prior trial out, + 5 days (due to mailing), = 25 days prior trial date.

     

    My trial date is November 12th. Today, I still have NOT received CCP98 unless the above document is, but seems to me a REPLY to my CCP96. That's why I need to reconfirm. If I am correct, hopefully I can kick it.

     

    Today before 5pm, i checked again http://www.lacourt.org/, case summary. I did not see they filed ccp98 with the court.

  11. Also, another interesting found, from Portfolio Recovery Associates, LLC own's website:

     

    http://www.pragroup.com/about/locations-us.html

     

    In california, seems according to their website, they DO NOT have a location in 4330 La Jolla Village Dr., suite 310, San Diego CA 92122.

     

    But 4 different locations that the westlake village location is within LA county. They rather listed a San Diego address, ....!! 

     

    Anyone can jump in??

  12. @calawyer, @Anon Amos and all others Ladies & Gentlemen:

     

    Please first read posting #284--to follow,....

     

    I thought I would want to subpeona Colby Eyre. But here are something what I found from internet:

     

    Colby Eyre, from facebook, lives down in San Diego. https://www.facebook.com/colbyeyre?fref=browse_search, last entry was 2013.

     

    Johnny B. Tabor, Mark Lozano, also lives in San Diego Greater area, according to LinkedIn.

     

    Anyone who knows Myrell Johns, & Maria Marin ?? Are these 2 down in San Diego , too ?

  13. @calawyer, @Anon Amos, and all other Ladies/ Gentlemen here:

     

    Today is friday October 24, 2014. A package from JDB's attorney just came in. Please see the below photos / attachment scaned images.

     

    First of all, I have a few questions:

     

    1. Is this the reply to my CCP 96? Or is this the CCP 98?

     

    2. If it is reply to my CCP 96, does it considered as UNTIMELY? ( I sent CCP 96 on Sept 29, they received October 1st) ...20th October supoosed to be last day + 5 days mailing. Although I received today friday 24th, BUT JDB attorney signed/completed the document as October 22nd. ....Timely/ Or untimely?

     

    3. As Anon Amos, told me, deadline for them to send their CCP 98 to me were 30 days prior trial, that makes it October 13th, ( + 5 days= October 17th) ...BUT I have not receieved another document(s) other than this package.

     

    4. My court house is located in Los Angeles county. They provided an address in San Diego County (139 miles from court house). Can I use the same sherriff dept located in same court house to serve the subpeona?

     

    5. They listed 5 people as witness, including ME. All 4 their witness are on the same San Diego address. An interesting point is, Colby Eyre, one of their witness, appeared in the MSJ, originally indictated in Virgina where JDB home office at, now in San Diego address.

     

    I believe if it is reply to my CCP 96, Colby Eyre, will be the person I "subpeona".....Please...any suggestions (other witness never heard)

     

    6. Please see their page two POINT-7 and my written note over it. Also, down below that paragragh....What to do about it ??

     

    Image-11.jpg

  14. @Anon Amos, @calawyer, & other Gentlemen Ladies,

     

    Just once again, to RE-CONFIRM, just in case....if i misunderstood/

     

    1. Since the deadline for JDB to send their CCP96 had past. When is the best timing for me to file my "list of evidence" with the Court & send them a copies?

    Should I still opt for 5-7th days prior trial?

     

    2. Does the Statement of Non-service from Sherriff, be listed on my evidence list ?OR should it be listed as Exhibit ONLY with my "Oppostions to their 98 AND MIL "? Should I write as "will be available at trial as sherriff has NOT sent me at the time of filing...?

     

    3. Read from some other thread/posting: Defendant did not receive JDB's trial brief until the trial date at court, what's the deal here? Trial brief has no deadline? Or JDB 's attorney has pulled a trick on defendant(s) ?

     

    Million thanks

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