So Cal Gal

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So Cal Gal last won the day on November 8 2015

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About So Cal Gal

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  1. So Cal Gal
    Thanks to everyone here, I got a dismissal with prejudice from Portfolio in Los Angeles County court. http://www.creditinfocenter.com/community/topic/326835-going-to-trial-this-week-in-california-need-help-with-documents/ PRA had decided to dismiss before I even handed over my Motions.
  2. So Cal Gal
    Thanks everyone! For those who find this thread later, here's what happened and what I learned doing a crash course in fighting the JDB in L.A. County Court. I got there a half-hour before the courtroom opened because I wasn't sure what I would need to do about filing the MILs and wanted a chance to meet the attorney if possible. The JDB's attorney didn't arrive until about 8:45, but it gave me a chance to calm down a bit and hand my papers to the clerk. There was some confusion with filing the MIL without a proof of service, but in the end the clerk accepted everything and said to just go a
  3. So Cal Gal
  4. So Cal Gal
    For the Motions in Limine that reference the Plaintiff's exhibits. Do I need to print out a copy of each exhibit and attach it to the Motion? If so, should I print out a separate copy for each Motion or can I include one set with all 4 Motions? For example, the MIL to Exclude the Billing Statements references the Billing Statements and the Plaintiff's Trial Witness List. And the MIL to exclude the Affidavit of Assignment references the Affidavit and the Witness List.
  5. So Cal Gal
    Thanks @Shellie98. That helps a lot. The example documents I've been getting here are awesome, but I want to make sure I have a clear understanding in case I have to argue in court.
  6. So Cal Gal
    Thanks for the examples @sadinca. I will go through and break down the objections into separate MIL docs. In working through the Trial Brief, I'm having a hard time with the section on Account Stated. The Plaintiff's single claim is Account Stated. Their brief states "Defendant Filed to Dispute an Charges Incurred" [Original creditor] mailed monthly statements, yada yada... Defendant never disputed any charges until the filing of the Complaint. For these reasons, Plaintiff has established an account stated Defendant. From this it sounds like the failure to dispute charges may establish a d
  7. So Cal Gal
    Thanks for the updated citation @small fry. Good idea about making sure the attorney knows I've got my trial brief and objections ready to go. I'll be there early — hopefully they will be too. The declarant was available so the subpoena was served. I'm working on the objections to the Plaintiff's list of Exhibits (listed above with proper citations thanks to @Anon Amos). My question is, should I write up a separate objection for each exhibit or do all the objections go in a single document?
  8. So Cal Gal
    For Sierra v Hale, I have it in my notes as: Sierra Managed Asset Plan, LLC. v. Hale Superior court appellate division reversed a limited civil collection case judgment for plaintiff. the appellate division concluded that the trial court erred in admitting exhibits attached to a declaration, because the declarant had failed to satisfy the requirements of the business record exception to the hearsay rule.A company employee's testimony regarding documents created by company's predecessor-in-interest is insufficient to lay foundation needed for business record exception to hearsay rule. from: h
  9. So Cal Gal
    Thanks Anon! Got the court stamp on the subpoena and it's on its way. I will get the objections written up tonight and post a link here for feedback.
  10. So Cal Gal
    Great! Thanks!
  11. So Cal Gal
    Here is a copy of the Declaration in Lieu from PRA's affiant, in case it helps. I can also scan in the exhibits if needed, though it won't be until this afternoon as I have to go to work for a few hours. https://www.dropbox.com/s/po9moii03ypk0xu/declaration-in-lieu.pdf?dl=0 I'm thinking the Objection will be: Affiant is not competent to testify to OC's business practices because he is an employee of the JDB and therefore has no first-hand knowledgeThen, attack the exhibits individually as inadmissable: Bills of Sale (3) can not be authenticated by AffiantAffidavits are inadmissible because
  12. So Cal Gal
    So, I would issue 2 subpoenas: one for the Affiant/Declarant and separate one for his employment records and/or current address? Who would I send the second subpoena to? The lawyers?
  13. So Cal Gal
    @h8spleadingpaper : Thanks for the kind words. The La Jolla address is listed as a PRA address in Google and the affiant is an employee of PRA. So, we'll see. The witness list does show the declarant's name where it states via written declaration, but yes this is this CCP98 that I will be objecting to. As an employee of the JDB, the declarant is not qualified to testify to the OC's business practice. @Anon Amos - they cite case law to support their argument of "Account Stated" see the (redacted) Trial Brief from the Plaintiff below Zin v Fred R. Bright Col - "essential elements" of account
  14. So Cal Gal

    upload

  15. So Cal Gal
    Argh. I misspoke. I'm not using h8spleadingpaper's example, I have the HomelessinCA's example from here: http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/page-13