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Everything posted by Dotheyeverstop?

  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. 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.
  15. Still waiting. Minutes posted this morning: XXXX DobXXX specally appearing for counsel K E. L present for Plaintiff (s) XXXX XXXX self represented Defendant, present Ms. Dob informs the Court she is submitting on the CCP 98 declaration filed with the court. Defendant objects to the Court considering this declaration Matter submitted to the Court with argument 944 defendant is sworn and testifies Cross exam of defendant commences by Dob on behalf of Plaintiff Midland Funding LLC The Court finds/orders: The Court takes this matter under submission as of 11/10/2014 I liked seeing the words, so thought I'd share.
  16. I am not much for waiting. Woke up at 2 am with a list of worries "what if they win?" So I made this list: IF they prevail; they will be true bottom feeders and may not try to work out a payment plan. Their options are : Try to put a lien on the house (not worried about this one, the house is either upside down or close to it, and California has a homesteader law) PLUS in case of divorce the husband gets it. Try to seize bank accounts: My name is on a checking and savings account with my estranged husband, that could be worrisome, because he pays the mortgage, and the kids stuff. Answer: Can't remove my name, as that is illegal, but nothing says he must use that account, this morning he is opening a new checking and savings and transferring direct deposit, they could try to attach my wages, but I make less than federal minimum wage so I can fight that. Now I feel better. Going into this I "owed" 5700.00 If they win I will owe 6000.00 and know that I put up a damn good fight! Also there is the Appeal process, and I objected to everything. No decision has been posted Wonder how long the judge will take? He was furiously looking up case law and evidence codes when we were before him, so I feel good about that part.
  17. The only evidence offered was that which was attached to the CP98 declaration. So 2 affidavits of sale signed in another state without the proper wording AND in my objection I questioned the methods as one stated she had reviewed records including those from Citibank (north dakota), but never mentions Sears Mastercard, which according to the dates was the original creditor. All I know is that after the rent a lawyer read my objection she drilled me on the card statements. She was extremely frustrated and angry by the time she was done. I think by waiting to read my objection and trial brief, the judge did me a favor. It's a lot easier to be calm and rational writing a paper then it is standing in court. I was shaking so badly I'm surprised I was still standing
  18. No witness. And the judge was definitely pro me when he was talking about my objection, all I can do now is wait.
  19. Okay so the lawyer substitution was objectionable. Oh well...never saw it coming .
  20. First: No decision. The judge will read my trial brief and review the Objection as well as the lawyers case laws against the Objection and let us know. Went to court, got up before the judge. He said he would review the Objection to CCP 98 and questioned the legality of the declarer's testimony and then asked if there were any other questions or objections...we went back and forth a little and the lawyer for them (who isn't the lawyer on file) threw out some case studies. She then hammered me on the Sears Bills. Are they mine etc. Don't remember dont' recall.... I have 2 questions, the judge kept asking me if there was anything else it felt as if I was missing something. Could I have objected to the lawyer not being the lawyer on record? Also they showed no proof of payment, no checks or anything, could he have been waiting for me to object to that?
  21. I'll remember that! I'm actually terrified, so it shouldn't be too hard to remember
  22. Thank you @string and @Anon Amos I will add the CP96 objection to #1. And hand the amended trial brief to Midland before trial. Tomorrow is my day to go over my folder and be sure everything is organized and ready, Sunday I will take a break, and Monday is time to kick some Midland a$$