DefendingSenior

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  1. Just wanted to let everyone know that the Plaintiff has filed the request for dismissal without prejudice and that the Court has dismissed the entire case and cancelled the hearing. Thanks so much to all of you!!! Serving a subpoena on their CCP98 declarant and then following that up with a MIL, which also included the Target vs Rocha order and the process server's declaration of due dilligence has obviously helped a great deal. Thanks again!!
  2. There are the rules I have been able to find on the Court Web site: 2.99.01 Trial Brief. On the first day of trial, each party shall submit a trial brief. (Adopted 1/1/2013) ---- 31 2.95 Motions in Limine. (A) At least seven days prior to trial the parties shall meet and confer and exchange motions in limine and identify the motions that are contested. The parties shall file their motions, oppositions, if any, and a list of disputed motions in the assigned department on the first day of trial. (Adopted 1/1/2013) ---- 2.99.02 Statement of the Case. (A) The parties shall meet and confe
  3. I got the Plaintiff's CCP 96 response in the mail today, and they have sent me their CCP98 Declaration in Lieu. However, looking at the postmark on their envelope, the date when it was put in the mail was less than 30 days from trial. So, it would seem that they're not compliant with C.C.P. 98 section a) a) A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of t
  4. Well, they did drop their responses in the mail at the very last moment, but it was on time. But their responses left me confused. I didn't expect to get much valuable information and was expecting a lot of objections (attorney/client privilege, confidential/proprietary information, not relevant to the subject matter, etc.). No surprise there. But one thing that did surprise me a great deal was that each of their responses had the following objection: "Plaintiff objects to this request on the grounds that it contains capitalized terms that appear to be meant as specifically defined terms b
  5. @RyanEX, thanks much for the explanation. I have also received Plaintiff's CCP96 asking me to produce my own witnesses and evidence. Per CaLawyer's advice in here http://www.creditinfocenter.com/community/topic/315256-how-do-i-answer-to-ccp-96-from-a-jdb/, my response to their CCP96 request will be: "Defendant reserves the right to call witnesses and introduce evidence for impeachment purposes." I realize that the code doesn't require me to respond if I don't have any witnesses or evidence to use other than for impeachment purposes, but am wondering if it is better to send a response a
  6. Thank you all! I have the subpoena for the CCP98 affiant in my hands and ready to go. Regarding this part of the CCP98: " Pursuant to CCP 98, this affiant is available for service of process: LAW FIRM, c/o LOCAL BUSINESS AND BUSINESS ADDRESS for the 20 days immediately prior to trial." I am trying to figure out how the "20 days immediately before the trial" are calculated. Are those 20 calendar days or 20 court days? Also, when counting backwards from the trial date, is the trial date itself counted or not? Also, how about the Holidays (4th of July in my case)? Do I skip the 4th of July
  7. Ooops, that would have been a very costly mistake on my part, time-wise. Many thanks for the clarification. I didn't realize this was one of those judicial council forms I do not sign. I was looking at courts.ca.gov for filing instructions, but didn't find much there. I just found this, though: http://www.ehow.com/how_8197869_subpoena-witness-california.html So, the Court is an issuer of the subpoena, and I am the subpoenaing party, right? Also, regarding step #5 in the article above, should the witness be served with the copy of the subpoena or the original? Thanks again!
  8. Ok, I am almost done with completing the SUBP-001 form but have a few questions: The parts that say "Date Issued" and "Type or Print Name" and "Signature of Person Issuing Subpoena" are all to be filled out by me, right? Also, how about the last line that says "Title"? Is the only place on the subpoena to be filled/stamped by Court the right-hand corner that says "For Court Use Only"? Silly questions, I know. But the Court here accepts the subpoenas via drop-box only (they won't take it at the counter) so I want to make sure I get everything 100% right, as I won't get another chance. Tha
  9. Thank you all! Is it the SUBP-001 judicial council form that I have to fill out, sign and get stamped by the Court clerk?
  10. Thank you for your help! It makes so much more sense now. Yes, I have definitely made some mistakes on this and in the other part of my case that I am not too proud of, but, before sending, I at least got rid of this part: since it seemed incriminating. Instead, I went with this: REQUEST NO. 1: All documents sent by defendant to plaintiff regarding defendant's credit account with Plaintiff. RESPONSE TO REQUEST NO. 1: Objection. Documents of this sort should already be in control of the Plaintiff. Plaintiff is on a fishing expedition. Burden of proof in this case rests on Plaintiff. The
  11. I live in California. I have had my Requests for Admission served on the Plaintiff's Counsel in the latter part of May. The service was by first-class mail. Per my calculation (not calculating the day the ROA were sent and the court Holidays, but counting weekeneds), today is day 33, and day 35 is on Tuesday, 6/24 (counting 30 days + 5 for first class mail). But then, if they don't respond by Tuesday, am I too late for the Motion to Admit facts because of 16 court days + 5 court days mailing requirement? I suppose I need to send them a meet and confer first, but probably need to wait until t
  12. Yes, I did. They mostly were the standard ones such as "The complaint fails to state a claim upon which relief may be granted", along with Laches, Principle of Waiver, Statue of frauds, usury and the others. I did state in one my affirmative defenses that I wasn't served the summons, but I am not sure how I would go about proving that. Can I say something like "The defendant has not received the Complain and the Summons and therefore cannot bring them to Court"?
  13. I would say that a couple of health issues are much more acute than the others, and I will be seeing a specialist regarding those around that similar time when the trial takes place. With some of those issues resolved and improved, I could be in a definitely better shape to attend the Trial. Seeing how it may take a few months to deal with the current issues, I was thinking of mentioning in my motion for continuance that I could be available in November/December time-frame. Now, my understanding is that I have to write a notice of motion, a motion and my declaration. I feel a bit hesitant to
  14. I have not sent them any such documents during litigation. The only documents I've sent before the alleged breach were monthly payments with the payment invoices in the envelope. But, that is all I have ever sent to them, I think.
  15. Hi, I have been sued by Hunt and Henriques, and it's now around 35 days until Trial. Since I am a senior citizen and in bad health, I am looking for any kind of help I can get with drafting a motion to continue trial due to my health condition. I can barely walk even with a walker, and have numerous other physical conditions and am wondering if those would be valid grounds to get a continuance. Also, I have a question on how to object to one of Plaintiff's requests in their RPD (the CCP1987 one). The first two, I think I can handle, but the third has left me confused. But, first, here is t