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So the Conditional Settlement Agreement does not need to be filed with the court (unless I default), only the Notice of Settlement? And is there any downside to showing the 2nd attorney a copy of the 1st executed agreement so he can see for himself that his client has accepted it before?
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Do you mean they don't file the Conditional Settlement Agreement at all (unless I default), only the Notice of Settlement? If so, is there any downside to showing the unredacted CSA to the second attorney to prove to him that the JDB previously accepted it w/o requiring a stipulated judgment?
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1) The first is a conditional settlement with stipulated judgment in the event of default. If I pay as agreed, there will be no judgment and the case will be dismissed with prejudice. There was no separate stipulated judgment as the 2nd attorney wants to add and I want to avoid. 2) I don't plan on defaulting. But I'm aware of the terms, of course. If I make the payments, I avoid a judgment in the first case. 3) I mean how long might it be before the actual trial date is assigned. I know they can file for a new date immediately. That doesn't mean the trial is next week. I'm looking for a ge
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I entered into a conditional settlement agreement in Los Angeles County for a smaller amount than I was sued for. Basically, if I make payments as agreed, they dismiss with prejudice. If I don't, they can then apply for a judgment in the full amount. Plaintiff filed the Notice of Conditional Settlement back in July and the case was put off calendar and I've made two payments since, but when I check online the actual settlement agreement itself still has not been filed. Question 1) Should I be concerned about this? I have an executed fax copy on pleading paper so I suppose I could file it m
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3 Months to trial in California - best use of time?
BeJebus replied to BeJebus's topic in Is There a Lawyer in the House
thanks! -
3 Months to trial in California - best use of time?
BeJebus replied to BeJebus's topic in Is There a Lawyer in the House
Sorry, it's Unifund and the attorney is Kenosian & Miele. So given that it's 3 months to trial, I should just go ahead with my discovery and ask for their documentation and such to establish they actually own the debt and all that? -
3 Months to trial in California - best use of time?
BeJebus replied to BeJebus's topic in Is There a Lawyer in the House
thank you! -
3 Months to trial in California - best use of time?
BeJebus replied to BeJebus's topic in Is There a Lawyer in the House
OC is Citibank Causes of action are Breach of Contract and Common Counts. Not sure about last payment, but there are no SOL issues. -
I was sued by Kenosian & Miele and got some good advice here previously, so... My trial is at the end of July and I'm wondering how best to proceed given that time frame. I sent them a BOP and M&C months ago, which they never responded to, but I did not follow up, unfortunately, as I shifted my attention to opposing their Motion to Deem Matters Admitted which came in shortly thereafter, (that the debt was legitimate, mine, and I didn't pay) Their motion was denied. I have propounded no discovery as of yet, just responded to their request for documents and admissions and then opposed
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Update: Had the motion hearing to deem matters admitted today. The judge will deny the plaintiff's motion as long as I send plaintiff the verification form for my responses within two weeks. ( hopefully I will use the correct form - haha) It could have gone either way, but I got a sympathetic judge. Apparently, according to statute, unverified answers to discovery are the same as no answers. But another section of the statute says that as long as the respondent provides a response before the actual hearing, even if untimely, the judge can't deem matters admitted. The judge gave me a brea
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oh, sorry! don't know what i was thinking there. yes, they sent the request for docs and admissions all at once, and i responded to each request, for both docs and admissions, one by one. in their motion to deem matters admitted, they do not object to my responses, instead they claim i did not respond at all, in any way.
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sorry for the confusion, calawyer: 7-21: they sent me a request for production of documents (pos dated 7-21) 8-25: i sent my response with a proof of service dated 8-25 (day 35) (i didn't have the docs they asked for, but i responded to each request) 9-2: they sent a m&c which stated they would give me 7 additional days because my responses were past due (i already responded) 9-6: they filed a motion to deem matters admitted (3 days into the 7 days "extra" they said they would give me) which claimed i had not responded in any manner, also claiming they served the original request for doc