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Everything posted by browniebrownie141

  1. Wow...eye opening experience...then naturally it bakes another 2 questions: 1. How do we OBJECT CCP 98? What are the steps exactly. .....Sending Subpenoa/ MIL both ? Or is it something else, do I need to file a OBJECTION in pleading paper to "official" the objection prior filing MIL motion ? 2. And ( the opposite now), say when the JDB send us the CCP 96, should we name ourselves as witness? If yes asumming we have some evidence to show, it is necessary not only to name ourselves as witness and we need to take those evidence to notarize so that it can be used, correct? Thanks
  2. wait a minute...I am a little confused here... 1. Seems to me,....he lost because he "waived" the CCP98 in order to keep the trial on the same day !?? The trial was on, they were in court. JDB own attorney did not showed up, they got a hourly hired attorney, that's their problem, right !?? Why he can't OBJECT this at the first place?? He gave up something what he could use to WIN for nothing ?? I don't understand...why the Judge asked him to make a choice?? He did'nt have to make a choice, ??? what the hack of going on ??? If he did'nt show up, he would loose, right? Then,...why the Judge would be so kind to JDB ??? 2. So, does it mean....WE SHOULD NEVER WAVIE to CCP 98 ? 3. What would most likely happen? ...If WE OBJECT to this and raise the point that JDB's attorney had all these time,...ask the Court why the court should side with them ? 4. How can we REQUEST a court reporter to be in the court room, then ? what form do we need to fill out ? 5. In his situation, what and how to appeal ?? Million thanks
  3. @Anon Amos: Yes, you are correct. I need to finish the "reading of homelessinca" and getting DEPO-Oral part prepared as well. One of the thing I got so worried about the "timing" of filing the MIL is that how much time do I have to do all these in such a such time ( as I am debt 101 student here)...Your answers actually gave me a better understading and a big "jump-start".... I am also thinking about, I may need to spend some$ on you & calawyer or anyone on to help me going thru that part as well, as you all can understand, these are important part in trial, same as what 's going on in trial. I rather spend $$ on you guys instead of letting JDB eat my heart out. Besides, I totally believe you guys should be getting recognized. have a great weekend !
  4. @ Anon Amos: Yes Sir, I am trying to get myself prepared although the trial is far away. I know there are a lots of things to do, so I would like to get prepared instead of rushing to do everything in such a short time, it is easier to hammer the iron when it's still hot. Hopefully will be easier for me,...You have a good weekend Sir !
  5. But I still have some questions, perhaps confirmations...Please...Ladies ? Gentlemen.....Anon Amos, Calawyer, HELPERS.... (p.s. I am half way from finished reading homelessinca 's posting....and I just finished reading the below CCP98 can we object posting: http://www.creditinfocenter.com/community/topic/295820-ccp-98-declaration-can-we-object/ 1. the DEPO rules 2025.010-2025.620 covers a lot of things, surpriseingly, many of those are somewhat common sense. but it does not covers what questions can be asked or can't. If anyone can share with me, the kind of questions for example, if they asked me about my job income/ bank accounts...I can "Objection" right? Or can't I? Anything that's NOT related to the lawsuit, I can object for sure, correct? 2. During Depo, when something unsure, I can always say I don't recall at the moment OR DENY, refering back to my General deniel + affirmative defenses, correct? Separate Topic: 3. about CCP 96, 98 and 1987...these I have questions: about EXECUTION 4. it's about counting the dates, My trial date is November 12, 2014. So, take "no more than 45 days/ & no less than 30 days before trial, can anyone CONFIRM for me, ( ****takes 5 days including mailing) .... earliest date for me to send CCP96 to JDB will be September 29 & dealine October 13 ?( but ? if includes 5 days of mailing then I have to push earlier? ie, October 3 or Octobe 6th ) I am somewhat confused ? So it is safe to say I should do earliest? 5. Is that CCP 96, 98 , 1987 and Subpenoa no need to file with the Court ?? Really ?? or only 96 not necessary ? What about Subpeonoa? 6. JDB (to response my CCP96) are required within 20 days + 5 days mailing, right ? In situation when JDB: 7. --provide evidence + witness ( provided address within 150 miles of Court + 20 days available ), I then file for/ serve CCP 98 ? Or I use Subpenoa , or is that BOTH? 8. --If JDB trying to use written Statements instead of having witness coming to trial, HOW DO I handle it? Is it by serving CCP 98 and serving Subpenoa BOTH ? ( is it another reason why I should send to CCP 96 earliest to ensure I have enough time to do MIL? 9. --How do I request the Sherriff to ensure the subpenoa must be served to the witness AND NOT dropped off? 10. --How do I requesting the Sherriff make notes if witness is not available at the specific address ? How many attempts are required by Law that I need to serve to the specific address ? 11.--If mutilple times, does that mean I have to fill out papers works at sherriff dept multiple serving request?? 12.--Due to the fact the the dates above will be running so close to trial-November 12, 2014. When the MIL motion should be taking place?, ie, HELP ME to count the DATES on this one, I am LOST here. Here is why: Say I file/serve earliest September 29, that means their 20 days dealine to response October 20 right? plus another 5 days of mail, so I won't get it until October 25 ( because of the mail) correct? So between November 12 and October 25, 2013, a few things must be happened: 13--. Subpeona sent to JDB ( Can anyone tell me how to it and what requirement and how many days notice??? Do I have enough time between October 25 and November 12 trial date??) 14--. When the MIL motion hearing date should be ?? Because I will need to scheddule the date trial. ( given they me trying to use the written statement instead of witness to trial, plus sheriff back & forth takes DATES, correct?) 15.-- How do I file the MIL motion ? 16. --Anyone can share with me, the guideline of writing the trial brief, what are the requirement/ must have in there? I am trying to get a thorough understanding and correct steps and EXECUTION timetable.... Please, I hope you all understand and give me a helping hand on these...I DON"T WANT TO MESS UP THE DATES EITHER TOO EARLY OR MOST LIKELY DOES NOT HAVE TIME.... mega Milion thanks
  6. Really ?? Don't I need to CCP 98 ? How do I subpenoa their witness , then ? Also, the JDB's HQ is out of state far away but they have agency office in southern california, their attorney locates San Francisco area. The court case is in Los Angeles area-Chatsworth to be exact. So I am not sure now but will know later. How do I do the MIL ?? How many days before the trial that the MIL must be IN? Million thanks
  7. A few questions about CCP 96/ 98 : I just briefly read it, surprised to find out both are very short. BUT i have a few questions, especially with filing the Motion MIL : 1. Both parties will send CCP 96 & 98 to each others, correct? 2. CCP 96(-no more than 45 days or less than 30 days prior to trial date. Say my trial date is November 12th 2014. Can someone confirm for me: the earliest date I could will be September 29; the deadline will be October 3th ?? ( with 5 days of mail) When is the time most beneifical to defendant? the earliest one? if not when ? and why? 3. CCP 96©- JDB will need to response within 20 days, correct? 4. CCP 96(e)- Only need to send to JDB/ it's attorney, NO NEED TO FILE with the Court ?? Really ??? 5. After they replied my CCP 96, then I will need to serve JDB CCP 98, correct? ( I have a fee waiver, will be using sherriff) 6. CCP-98 (a) --I am confused? -- I take it that they JDB will try to BS me attemplting to use written statement instead, HOW DO I FORCE them to provide witness so that I can cross exam at trial/ or if they can't --no witness to back their evidence/document= no case, correct?) Does that means the JDB will need to provide how many address ? within 150 miles of the Court that the witness will be called? Say if they give me 5 address, does that mean I would need to request Sheriff to serve to 5 address? How do I make / request to Sherriff that it must be personally served to the witness. not dropping off. What if the witness can not be reached at the address--( good for me, right?) How do I request the Sheriff make notes of this and how do they let me know? When the MIL hearing motion date needs to get IN? My trial date is November 12, 2014? --I take it it is extremely important, right? What is a Trial Brief? How do I prepare a trial brief? what are the requirement for trial brief? do I serve / file to the court prior to trial, what is the dealine? Million thanks
  8. Gentlemen/ Ladies: As I am trying to gathering my thoughts, someone mentioned something about federal & state civil procedure FRCP 30(e), --Depo read/sign/make changes Just took a brief look, got some questions: 1-seems it is one of the right for the person who is required to DEPO, his right to REVIEW the DEPO and make changes within 30 days ? 2-it would require (me) in this case to sign? When? at the end of DEPO? or after I received the copy? 3-what happen if I do not get a copy later? Do I need to pay for it ? 4-let's say if I make any mistakes in DEPO, can I go back to the copies of DEPO and make changes? will it be fall under the same 30 days deadline? 5-... Thank you
  9. @Anon Amos: No, the Judge did not say. And now that I have a moment to kind of re-think the whole process, seems to me, although there are mechanism in place within the legal system that evidence can be kicked out, or the case can be dismissed, Judges really don't want to do so, but rather to go thru the trial process and sit thru the whole trial, seems to me they want to know everything before any decision. In my earlier days, i never believed in Demurr, or motion to dismiss, because i felt that the "tool " itself are too easy to use, thus, over-abused and Judges don;t like that, plus grounds/ reason(s) often are too shakey. I thought, MSJ is a platform to say: look at the evidence and make a judgment now for dismissing the case, well, I guess I am wrong. As of right now, I still don't get when she / judge said there are still triable issues, what are the things she can't make a decision on the spot and make a judgement call? -- but have to wait until the trial ?? May be any Ladies/ Gentlemen can educate me here,...
  10. Yea, as I said before I say this again: "from the day when I filed the MSJ, i knew, there will be things always happened, it's a 99-to-1 odds long range shot." I will continue to read the posting done by homelessinca, hopefully trying to get a better understadning,.... Thank you for the info and SUPPORT, I mean it ,...
  11. @BV80: Huh ??? I am really confused ??????? BTW, I heard CCP 96, 98 and 1987....What is CCP 97 ????
  12. Allow me to put it in a better way to look at it... everybody wants to win, no one wants to lose, both JDB/ their attorney and myself. Putting that aside, from day 1 when I started working on MSJ, it really is a experience, getting the thought together, searching for case laws, reworked, then Reply....althought I started to looking at the Right Way, finally, but I don't think it's enough. I thought the Judge was already made up her mind, she said she read & read all papers, but then, she started asking JDB's attorney, then asking me, then followed by 5 rounds, for a moment, I thought I had it.... The Judge said, although the summon was filed with open-book and account stated, it's acceptable at this stage. Further saying this is NOT a breach of contract, so, JDB could not show contract/ application is not really a issue at this stage. If I understand it correctly, I did not draft my MSJ correctly, although my Reply helped a lot, still, the Judge did not ..... But I don't think JDB would cancel the Oral Depo, 1- the JDB attorney sure wants to play me, going to a place 50 miles away at his finger tips from LA county to Riverside county to be exact. He already sent me e-mail 23rd December while I was working hard on Reply. Of course, he wants to find out if there is any mistakes I will make, thus, they can file MSJ Vs. Me, or use at trial Vs. Me. From the last motion I filed, the judged vacated the original trial date and moved to November 2014. The Judge last time said, perhaps I did'nt know the court rules enough so I should spend more time to understand, so setting the trial date ( moved from June to November) @BV80: I am a little confused ...can you explain.....Please
  13. A few things follows: 1. The Judge said due to State budgeting, the debt collection court no longer do case management conference., ie, unless there will be motions or another issues, next time to see the judge will be at trial. 2. This means, I would be doing the Oral Depo requested by plaintiff. 3. Given with the situation now, what would be my next move? Motion to strike hear-say evidences? So, now, back to traditional path instead of the express lane !
  14. Less than 1 min ago, the Judge denied the MSJ, stating there are tri-able issues.
  15. This is very very interesting....If it is ok with you, I bet we ll would like you to Keep Us Posted... I heard that Chase had stopped their activites for a while due to compliance concerns , fined by Government and lawsuit issues. It seems now that re-starts their "engine" again ?
  16. Gentlemen/ Ladies: Just in case if I could'nt catch you all tomorrow, I would really like to say: from my heart... Sincerely Wish you all, have a Happy New Year , a great fresh start and may this year brings you all-fortune, luck, happiness and always surrounded by your loved ones, ( and NOT JDBs...haha)
  17. Gentlemen/ Ladies, As I mentioned on page 7/ #124 posting of the POSTING, the JDB attorney wants me to do a ORAL DEPO, today, I received their letter, they provide me with a address that is 50 miles from my home. (I used google map to chart from my home address to the address they speciified) Can anyone tell me which Rules/ civic code procedures that rules about the DEPO? I remember someone was saying there is a limit of distance that defendant (if required) by plaintiff, ?? ( was it 35 miles ?? i could be wrong, anyone ??) I think I will need to kick them and "require" them to provide me a closer address ! Thank you,....
  18. @debtzapper: you gave me your advice from the bottom of your heart at that time, that's what it counts. and yes, i was over my head, and thanks to so many people here, with unselfish and kind-hearted efforts,....takes me to where i am now. Happy holiday and Merry Christmas to you, & your family, loved ones... @calawyer & @ Anon Amos: I am truly speechless,....both of your help to me....saying million thanks cannot describe my appreciation to you both. no matter how the outcome of my MSJ will be,....i promise you, i keep on fighting, learning and strike the best i could....
  19. @BV80: Thank you so much, especially this time of the year....You and others perhaps does realize this, but for guy(s) like me now, going thru the lawsuit, ... things and thoughts that you and other have for us, ....truly means a lot !! I can't thank you enough
  20. @Shelliej98: You always so thoughtful and supportive, I know you care.... Could 'nt say thank you enough..... You have a great great Merry Christmas and happy holiday with loved ones
  21. To All of you on this Forum ( Administrator, Helpers and Readers & Guys and Gals seeking help)... May all of you have a Wonderful weekend and Merry X' mas holiday, .... You guys have been more than awesome/ wonderful.....
  22. Ok thanks ,I double check...put it this way, I rather a little early instead of ....you know what I mean.., Thanks again...
  23. In california, I believe it is 14 court days. And they actually mentioned December 13th before, as they now demanding me for a DEPO, after written discovery ( or I should say, they shot 33 questions, still have 2 un-fireed) BTW, I just sign up a free trial:....I should bring up to everybody ... Bloomberglaw.com offers a free trial, can access somewhat similar to pacer account, .....
  24. @BTO426 & Spikey: How do I go by filing a Order to SHow Cause ? I agree, I have a legal right and I need to protect my right. Also, if the way how I counting the count days correct, JDB was late in filing, who do I go by notify the Court/ Judge ?? Anyone ?? Thanks
  25. Gentlemen/ Ladies: URGENT !!!! Asking for help again ! Can anyone who can access my case # and get me a copy of that JDB 's opposition papers they filed. In the past, they did not send me their motion reply/ nor responses & ignore my request !...I bet they are doing this again so that I can't file a reply-nothing to go by. The one above, is for the MSJ. If my date counting is right, they had a late filing, however, www.lasuperiorcourt.org ( for California Superior court ) [ MSJ hearing date January 06-2014 minus 14 days= December 13, 2013. My deadline is January 06, 2014 mius 5 days= December 27, 2013-next friday; with tuesday/wednesday are X'mas holiday. I NEED SO THAT I CAN FILE REPLY BRIEF-Opposition. I don't have a PACER account, but someone influential here told me PACER only works for Federal cases. I called the Court and spoke with filing clerk, they said send in with postage envelope & will do it,...MAN-won't have enough time if I wait fot it... The Court house is two & half hours driving away,...ANYONE CAN HELP ME PULL OUT their filing papers...PLEASE PM IMEDIATELY !!!!! and I will give you my case #.... They filed these late on 12/17: according to lasuperiorcourt.org 12/17/2013 PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANT'S SEPERATE STATEMENT OF UNDISPUTED FACTS; PLAINTIFF'S ADDITIONAL MATERIAL DISPUTED FACTS AND SUPPORTING EVIDENCE IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FILED. 12/17/2013 PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FILED. 12/17/2013 PLAINTIFF'S STIPULATIONS AND OBJECTIONS TO EVIDENCE SUBMITTED IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FILED. PLEASE anyone who can access, please PM immediately, please get their opposition copy for me .....MEGA MILLION thanks
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