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Dotheyeverstop? last won the day on December 21 2014

Dotheyeverstop? had the most liked content!

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  1. Okay...this is a bit strange. Sister in law was being harassed by landlord, made arrangements to move, landlord found out in May that she was moving in August and refused to accept rent. He then filed an unlawful detainer case AND a small claims case for 10k in damages and rent. She filed bankruptcy in June before the unlawful detainer case. She then moved out, and the landlord dropped the small claims case but pushed forward with unlawful detainer. So, unlawful detainer was changed to breach of contract. Today she got her bankruptcy discharge, the landlord is included at 10,000.00. She has court in March on the breach, but is living out of state. Can she file a demurer? Or should she try an amended answer first? The court date was already set, and meet and confer supposedly happened (she's getting ZERO paperwork from ex-landlord or courts all info is from website)
  2. I don't know I suggest asking in general forum . That would be part of the new law requiring them to show proof at time of filing, and my case was before that law went into effect.
  3. Thank you!!! I'll call them now and get this rolling.
  4. Helping a friend fight a cache case: I vaguely remember something from back when my case was fought (and won) that changed in California on January 1st 2015, didn't apply because my case was filed in December of 2014, so I don't completely remember. Here's where we are: Cache filed, friends answered AND sent first request for docs. The answer they received yesterday stated "Cache is still preparing the case for trial and does not have the necessary information to answer at this time....on ALL questions. They then sent a statement from over a year ago from a different collection company. If I remember correctly this is enough to request dismissal, BUT I don't remember which law it is that makes this so. Anyone?
  5. Or maybe this is the ruling on my fees? I'm lost...but I do have the document I posted on December 20th that says ruling in favor of defendant so alls well that ends well
  6. I think the courts screwed up. It sounds like they took my Objection to the Declaration as the motion for the day. When it was actually the trial date? This is what the docket says: Notice of Trial filed by Midland Funding LLC on 05/28/2014. Declaration - Other (in Lieu of Testimony Pursuant to Code of Civil Procedure 98) filed by Midland Funding LLC on 10/09/2014. Objection (to Declaration of Andy Min and all Exhibits therein) filed by Defendant on 10/23/2014. Proof of Service - MAILING (plaintiffs response to defts request for statement of witness & evidence) filed by Midland Funding LLC on 11/03/2014. Declaration - Other filed by defendant on 11/04/2014 The Court takes this matter under submission as of 11/10/2014. Minutes finalized for Court Trial (SHC) heard 11/10/2014 08:30:00 AM Minutes finalized for Ruling on Submitted Matter heard 12/19/2014 02:47:00 PM Memorandum of Costs (Summary) (Costs 240.00) filed by defendanton 12/31/2014. Case reassigned from Department 43 to Department 21 effective 02/06/2015 Court's Order to Show Cause Re: Dismissal for Failure to Proceed - scheduled for 04/17/2015 at 08:15:00 AM in 22B at Ventura. Case dismissed with disposition of Court dismissal- Lack of Prosecution Court ordered entire action dismissed without prejudice Minutes finalized for Court's Order to Show Cause Re: Dismissal for Failure to Proceed heard 04/17/2015 08:15:00 AM. Case disposed with disposition of Court dismissal- Lack of Prosecution. So I went from a ruling in my favor to case dismissed but they could sue again if they were stupid?
  7. So...seems like I some how missed a court date I wasn't aware existed. Today I received the following from the courts: Event Type: Court's Order to Show Cause Re: Dismissal for Failure to Proceed Moving Party: Midland Funding LLC Causall Document/Date Filed: Complaint 12/05/2013 There are no appearances by any party. The Court finds/orders: The Court orders the entire action dismissed without prejudice. Notice to be given by Judicial Assistant. Now the SOL date on this was May 2014 so it's not really a big deal, in that they couldn't sue me again anyway....but how'd I somehow go from decision for defendant to dismissed w/out prejudice? If I had been aware of the damn court date, what should I have done anyway? I didn't sue anyone I shouldn't have to proceed?
  8. MC-010 goes to Midland and Court? This is the strangest looking form ever, now that I really look closely
  9. I'd answer them now, unless your answer some how will be changed by their answers to your discovery, which I doubt. Hang in there, I found out today that I beat Midland, makes all of what you are doing now so worth it!
  10. Congrats!!!! Yeah...and yes the wait sucked! And yes I'm on that MERRY CHRISTMAS
  11. From the Superior Court of California date 12/19 time 245PM Event Type: Ruling on Submitted Matter Appearances: The Court having previously taken the Court Trial under submission, now rules as follows: Judgment for DEFENDANT Clerk to give notice. Thank you everyone who helped me with this. @Seadragon@calawyer@Anon Amos@RyanEX@string If I missed anyone I'm sorry!
  12. Update---There is no update. Trial was 11/10 today is 12/19. No news at all yet. I will update when there is some
  13. http://abc7.la/1vyx29K---Debt collector owes woman $33,000.00 for harassment over a 350.00 debt.
  14. You are quite correct! I did say that I can't dispute what I've never received. In cross she asked if we ever had issues with the mail, I said yes, she asked what issues? I said we've had mail stolen and mail go missing without ever finding out why. She said "did you bring a police report to show this?" I said "No, although I do have one, did you bring proof of service?" She never mentioned any dispute. I hope the case is decided soon. This waiting is irritating.
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