DaSurfer13

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About DaSurfer13

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  1. @calawyer I just looked in the CCP 96 response and found it. Apparently, only my copy of the CCP 98 was missing that one bill of sale, judge's copy and counsel's copy had the Bill of sale included. Witness said the predated dates were a typo, yet he authenticated them earlier. Thanks! @Anon Amos I will check into filing an appeal time limit. Also, going to get the same counsel that took the CACH v. Rodgers appeal. Thanks!
  2. Thank you everyone for all your well wishes. Unfortunately, I lost my case. I had no chance from the get-go. This is the same judge who's ruling was overturned in CACH v. Rodgers. He allowed the CCP 98 and all exhibits, and overruled most all my objections. The witness showed up, the one I couldn't subpoena, I questioned him. They still could not show standing. He lied about his availability to be served and basically admitted it during questioning. There were other tidbits of information he couldn't explain. Counsel questioned me. I asked the court to rule in my favor due to lack of standing. The judge denied my request and ruled in favor of plaintiff, even though they had no proof they own MY account. My understanding is this judge has personal opinions about people who don't pay their debts and people who represent themselves, and he let's those opinions affect his judgemnet. I knew that going into trial today, and I was emotionally and mentally prepared for either decision. I will appeal. So, now I have a question about Calif. Statute of Limitations of 4 years. Last known recorded payment on account was March 8, 2010. Trial and judgement today, Sept. 29, 2014. The 4 years was up in March 2014. Plaintiff first filing of summons notice to defendant was on Oct 22, 2013. I still haven't made any payments to any entity since the last payment on 3/8/13. Do I have any recourse? Counter-suit?
  3. @calawyer Please look at Post# 79 in this Thread. Any thoughts? Thank you!
  4. When should I do my opening statement? I read somewhere I should wait until plaintiff's counsel gives his opening and closing statements and not object at this point. Any good ideas for opening statements out there? Thanks again!!!
  5. @easy619 Thank you for the focus reminder, I'm on info overload right now, the reminder helps. I labeled my MIL as Objection to CCP 98 instead of a normal MIL. Should I still do an MIL & Decl in support of MIL? Trial is tomorrow. I hired a court reporter, just incase. And I have my suit ready. Thank you for all the encouragement and advice.
  6. @calawyer The only witness plaintiff listed on their CCP 96 is me. It is stated like this: "1. The names and addresses of witnesses you intend to call at trial (except for any individual who is a party to this action). A. (My name, my address)" I like that strategy when questioning the witness about the account statements. Thank you. I also noticed recently this statement in their CCP 98: "A true and correct copy of the Assignment of this account is attached as Exhibit A and incorporated by reference." Exhibit A is 3 "Bill of Sale and Assignment" documents: 1st is dated March 25, 2013, by CitiBank to Pilot Receivables Management, LLC; 2nd is dated August 5, 2013, by Unipac IX LLC to Sunlan Corp.; 3rd is dated August 3, 2013, by Sunlan Corp. to (Plaintiff), LLC. Yes, the dates are correct, and yes there is no Bill of Sale by Pilot Receivables to Unipac. But in plaintiff's Response CCP 96 it does have the missing Bill of Sale, dated March 25, 2013. What's wrong with this picture? How can I use this info to my advantage? Thanks!!
  7. @Anon Amos & @calawyer Can you both review my Trial Brief above? Am I missing anything? Too wordy? Please let me know. Thank you!!
  8. Tried the sheriff at 1st, but their online info was down. Found a process server company close to my house, Amstar Express. They were great! And reasonable. I paid a little extra for them to file the Proof of attempted service for me. They serve Los Angeles, Ventura & Santa Barbara Counties. I researched so many others, most have really bad online reviews.
  9. After looking at samples of Trial Briefs, I think I am okay. I am attaching a copy of my Trial Brief, if any of you could check it out and give your professional opinions, I would appreciate it. On the 23rd, I filed & served my Objection to Declaration in Lieu of Live Testimony w/copies of CCP 98 Declaration, subpoena, & Declaration of Due Diligence (Not able to serve), as well as a Judicial notice on the rented mailbox Plaintiff, attorney & declarant gave in the CCP 98. Defendant's Trial Brief - Copy.docx
  10. Does anybody have a sample of a concise Trial Brief I can check out?
  11. "14. Defendant became indebted to the OC within the last four years: a. on an open book account for money due and b. because an account was stated by and between the original creditor and defendant in which it was agreed that defendant were indebted to OC. 15. Plaintiff also alleges that each defendant became indebted to OC within past four years: a. for money lent by OC to defendant at defendant's request, and b. for money paid, laid out and expended to or for defendant at defendant's special instance and request for the defendant's use and benefit. 16. the sum of $(a little over 10k) is due and unpaid despite plaintiff's demand, plus interest according to proof" The above is from original complaint. I borrowed wording from someone else's Trial Brief but is stated as Account Stated, should I go through and change to Common Counts, to match the plaintiff's complaint?
  12. I'm being sued for Breech of Contract and Common Counts. What is Common Counts? Is it the same as Accounts Stated?
  13. I did prepare a Trial Brief and went to file it, but court clerk said to file it in court day of trial, so I didn't send it to plaintiff yet. Should I send it to plaintiff or give it to plaintiff's attorney at trial when I give the court their copy? Plaintiff's Trial Brief does not mention People v. Dorsey.
  14. I just received a Trial Brief in the mail from Plaintiff. In it is including as evidence all exhibits that were in the CCP 98. Is this their way of getting the exhibits included in the trial anyway? Should I be sending Plaintiff my Trial Brief before trial? Thanks.