fisthardcheese

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fisthardcheese last won the day on March 29

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About fisthardcheese

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  1. Hi can you give any advice or point me in the correct direction to file a MTC for arbitration 

    also i was mailed interrogatories....

    should I answer and file? 
     

    thanks for all that you do ! :) 

  2. @RyanEX is there some required info to include on a cover or face page for an affidavit in CA?
  3. So you're saying that AFTER the judge orders a stay and compels a party to take a specific action, that this party can continue to motion the court for different actions? I'm not saying it's not possible, because I've seen crazier rules allowing things in court, but it just seem to go against all of my logic. Why would the judge allow two different mediation events to take place simultaneously? This also makes no sense.
  4. Sincere apologies, FHC.   I'm now not sure this was a request for Discovery. 

    It's a  "Case Management Statement" CM-110. There is a section about Discovery, which confused me, but I think it relates to the upcoming Arbitration. 

    There was a Case Management Conference scheduled for Court this week. However, because of the CoronaVirus, the Judge issued a tentative Ruling last week  "No appearance required. The case is hereby dismissed without prejudice, retaining jurisdiction over the arbitration award."

     

    Also... 

    Just received this email from the lawyer representing Midland Funding. 

    "I am the attorney handling your case for the Mandarich Law Group.  I noticed we have a hearing coming up on 3/23/20 and that we have not received discovery responses as of yet.  My client is interested in settling this case and I am open to dismissing the case and your discovery response if we can come to an agreement before the hearing". 

    Not sure how to proceed...would love your thoughts.

    Thank you.

  5. Yes. Wait to get the packet from JAMS stating the case number and all of the info about starting arbitration along with the fees due by PRA. Then send them a settlement offer for mutual dismissal.
  6. If the judge granted and signed a Motion to Compel Arbitration and STAY the case, then my next move would be a motion for sanctions against the Plaintiff for intentionally violating the order and refusing to abide by the previous order to compel arbitration.
  7. No, it's a boilerplate template a busy law office uses for every single case. You are reading too much into it. The only things that matter here is a pending MSJ that needs to be properly responded to immediately, and your pending MTC which should be taking precedence and mentioned in your Opposition to MSJ as THE underlying reason MSJ should be denied and the main material issue for the court to handle. Stop focusing on all of the tiny insignificant side issues before you lose the MSJ just like they have designed.
  8. Sorry, I misread and thought it was your motion to dismiss. In this case, I would just start doing everything I could to get the arbitration case closed. Did you file an claims against them in arbitration? If so, you can just send an email to settle the arbitration case with a mutual dismissal and release of all claims.
  9. To me, it sounds like this attorney is clueless about the stay and granted MTC. I would respond with a written draft of a motion for sanctions for violating the court order to arbitrate and the stay by filing discovery requests in court. I would then add these FDCPA violations to my amended complaint in arbitration and attach that to my email to him as well. In the body of the email I will simply say "please see the attached drafts that I intend to file in court and in the arbitration case regarding this matter. As a courtesy, I will hold off filing for 7 days and offer your client a mutual dismissal with prejudice. Again, this offer expires in 7 days".
  10. Sounds like you shot yourself in the foot to me. I would never try to close a court case with the arbitration ongoing from my granted MTC. You just killed your own leverage. Now you are stuck. If you drop the arbitration, PRA will go back to the court and say you have violated the court order to arbitrate and you wont get a shot to do it again.
  11. If it were me, I would write them back and say "I do not stipulate to a telephone appearance". And nothing more (other than the case number and other regular identifying info). This will make no difference, but I just like to let them know I know their games.
  12. So? Seems like I would respond to this baseless and factually incorrect claim in my opposition to MSJ. No you shouldn't have. That is an arbitration procedural issue. The court doesn't care. No uh huh. I've never heard of a Memorandum and Point to be required with an answer. You are hung up on the answer which is far in the past at this point. You tell us. You don't know what you filed with your MTC? You don't know your court's rules? Asked and answered.
  13. Just received this email from the lawyer representing Midland Funding. 

    "I am the attorney handling your case for the Mandarich Law Group.  I noticed we have a hearing coming up on 3/23/20 and that we have not received discovery responses as of yet.  My client is interested in settling this case and I am open to dismissing the case and your discovery response if we can come to an agreement before the hearing". 

    Not sure how to proceed...would love your thoughts.

    Thank you.

  14. CONGRATS!!! Nice work. That is the textbook ending we like to see on these cases!!!
  15. I would just add to this that this is the ONLY case we know of where a JAMS arbitrator allowed the costs of arbitration to be awarded against a consumer. There have been many other cases I know of previously where the arbitrator DENIED such requests by the collectors, citing the JAMS rules against it. Technically the rules say it is up to the arbitrator, but also the consumer rules state that it can only be done if found to be frivolous. Because of the slight discrepancy, there is that very small chance it can happen like the case Harry points to. However, in my personal cases, I would always prefer to use JAMS for many other reasons, including that you can get full comprehensive discovery, easier in-person hearings, and a more fair unbiased arbitrator. Generally speaking.