whalewatch

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About whalewatch

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  1. There is NO proof of service for the date change in the file to the Jan 6 hearing date...Since there are so many errors on there part would a motion to vacate or motion for new trial be in order??
  2. So sorry for the confusion, I am just so grateful you are taking the time to respond thank you !! Yes Portfolio did the Motion to Compel against me because I never received there original request, that is the only motion they did they served me twice for that 1st on 12/2 and Second on 12/30 No court hearing ever set for that.. Date was changed and per RED NOTICE from the court they were suppose to serve me with Notice of Date/Time change but never did NO other motions served by them We went straight from that hearing Jan 6 to a Court Trial My motion in Limine was at trial and it attacked CCP98, I won that Motion and the judge then ruled in there favor on admits
  3. Couple new things I found out today when making copies from the file: Motion to compel hearing was changed twice and there was a Notice stamp in the file of change and moving party shall give notice to changes, that never happen I was never served for the Jan 6,2014 motion hearing. Is this something I can use in a Motion to vacate since I am post trial??
  4. Thinking of appeal or motion for new trial haven't decided yet...Here's a bit of background how things went at trial.. Went to trial last Monday 02/03 and lost!! My MIL worked GREAT court granted motion court excluded declaration in lieu of testimony. Judge then had discussion on legal effects of prior order granting Plaintiffs motion to compel on Jan 6. I advised I will have all my responses by deadline. Judge told me that all Admissions were already deemed admitted on 01/06/13.. I objected to that as my timeline isn't even over. (What was the point of giving me 30 days to respond!!) Plaintiff then submitted the matter on the admission so court went in favor of Plaintiff Any suggestions on how to proceed would be greatly appreciated
  5. I would like to hear more too, thank you for your input on these crazy turn of events
  6. And yes I did get my objections on the record
  7. Ive been hearing there may be a motion to withdrawal admissions that were admitted before I even responded to there motion to compel not due until the 9th. Also since the trial already took place what would need to be done after I file that kind of motion, possibly a motion to vacate ..So confusing
  8. No meet and confer and I put that in my opposition to there motion, but again I lost that due to improper service. Also judgment was just given yesterday so I spent most of today pissed and have filed nothing yet..
  9. Hope its not to late for me to turn this around...All was going pretty well with all the great advise from this website. Here's where I'm at and all help would be much appreciated....I will jump to the part it started getting weird Received a motion to compel from Portfolio as they said I never responded to there Discovery request and request for admits I filed an opposition to there request because I never received such a request, unfortunately my motion was not granted because judge said I didn't do a proper service ( Screwed myself on that one) so the motion was granted for me to respond to there request trial was Jan 9 and I have till Feb 9 to respond. In the meantime the Plaintiff had set a trial date for Feb 3 for the summary judgment. I thought that was weird as discovery was not even complete, in any event I had started to prepare for trial and work on my response for there discovery request. I attacked there CCP98 declaration in lew of testimony, I filed MIL and all documents to support it along with POS they violated all three requirements of the civil code so that seemed a no brainer So come trial day I show up to yet another judge and the first thing we address is the fact I filed a MIL and judge asked plaintiff if he is aware that I filed one, so we go back and forth a bit and all the lawyers objections are being over ruled so I'm feeling kinda good cuz it seems to be going my way. The judge then asked if I new of the motion to compel and I said yes and responses will be received by deadline. The judge then asked lawyer if he could produce any additional evidence to support his case since the declaration they filed is out. Lawyer said no additional evidence in fact lawyer said he would be dead in the water without the declaration in lew of testimony. Judge then went back to motion to compel and said since all Admits were deemed true by previous judge even tho Im granting MIL her hands were tied and had to side in the plaintiff favor I objected to that as I should be able to complete response before anything is admitted to the record again she said her hands were tied. So trial ended with judge granting my MIL and summary judgment awarded to the plaintiff for 1200 on grounds that statements were deemed admitted!!
  10. I believe I missed the ccp 96 deadline, I didn't no about that till I started reading this board....I was going to send anyway.....Also I received there CCP98 and they are in violation of all 3 requirements....Over 150 miles, Affidavit is in C/O and looks like with holidays they are under 30 dAys notice ...Service day was Dec 27 thru regular mail....I'm thinking just filing MIL with Judicial Notice...Am I on the right track?????
  11. Thanks for the quick response, It's about 170 miles....Also in reading thru the papers in her opening statement she references her work address in Virginia for Portfolio, not really sure if that would be useful.... Lastly I have requested production from them twice registered mail and of course nothing, can that be put in my notice as well
  12. Hi, I have a few questions in regards to a CCP98 I received a few days ago....I've been reading your post and it appears they haved not complied with the 3 rules to this code.... Service not 30 days, Affidavit not within 150 miles and service address is in C/O Law Office I was wanting to no if I should still try service or just do a Notice of Judicial Notice...and a MIL Any help would be greatly appreciated.....