CaliMOO

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About CaliMOO

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    Northern California
  1. Sorry for the delay. I was up late last night and had to get up early today which accounted for about only 4 hours of sleep. So I woke up at 6AM today to do some last minute preparations. Made sure I have everything I needed printed out (questions to ask, the different CCPs that support my objections/arguments, copies of my trial brief and objections that I can give to the rent-a-lawyer, etc.). I also checked my email to see if I receive a last minute response from the Plaintiff regarding my counteroffer, which I presented via email back on 7/3. No email from the Plaintiff. I checked the court docket online to see if anything new came up since I filed my objections and trial brief, there was none. I decided not to overwhelm myself with information, keep things pretty basic and stick to the points I brought up in my objections and trial brief. So I got in my suit and left the house an hour before my court appt. I live about 15 mins from the courthouse and traffic wasn't that bad. I was literally in front of courtroom door 40 mins before my appt. I looked at the screen display on the door and saw my name along with other appts. schedule for today. I checked tom make sure there were no updates to my appt. Everything appeared to be as scheduled. I noticed there was a paper printout on the side of the screen with some final updates for today's schedule. While there were no changes on mine, I noticed that the lawyer listed on my trial is Kenneth J. Miele. I asked the guard if that meant Kenneth J. Miele will be representing the Plaintiff on today's court trial. The guard told me "You just never know, he may or he may not?" I figured, no use worrying about that now. Still, I was looking around for that rent-a-lawyer that attended during my CMC. She was pretty disorganized and wouldn't mind facing her in court. So I am sitting outside on the bench, organizing my stuff, checking my email, posting on this site, looking up last minute stuff to support my defense. I look around me and I see this middle aged gentleman who looks like a lawyer. I thought to myself "What If that guy is Kenneth J. Miele?" But then, I saw he had someone else with him that looked like a client and figured he must be representing that person on another case. 10 mins before my trial and the guard let's me in. I go inside the courtroom and there were only 3 other people there with me...the guard, someone that looks like the Judge's secretary, sitting on this podium next to where the Judge would sit and what looks like a court reporter, she was right upfront to the right with her laptop sitting on a table. A couple of minutes later, this man walks in and the guard greets him "Good Morning Mr. *didn't catch the name*!" The other people in the room greeted him as well. The man starts some small conversation with them, addressing them by their first names. He then sits down. My trial is scheduled for 9AM, but there is also another trial in the same room scheduled for the same hour. I wondered if that man was there for the other trial. Shortly after sitting down, the Judge's Secretary asked the man which case is he there for. The man responded "UNIFUND vs...." and then he said my last name. I started getting nervous a bit, he looked like a pro, unlike the rent-a-lawyer who went to my CMC, he knew people inn the courtroom on a first name basis and I thought to myself "Oh crap, I'm dead!" On the bright side, I knew he wasn't Kenneth J Miele since that wasn't the last name I heard when the guard greeted him. So the Plaintiff's rent-a-lawyer looks at me and asks if I had reviewed the Plaintiff's settlement offer. I walked to him and told him that I have and that I have emailed the Plaintiff with my counteroffer on 7/3 but have not heard back from anyone. He asked me what my counteroffer was. I told him dismissed with prejudice (of course no settlement sum, no stip), cease reporting to the credit bureaus and for each party to bear their own cost. He pulls this paper, looks through it quickly and says "Well, that's the Settlement Agreement that I have here for you." He then asks me "Would you like to look through this and see if this is something that you can agree with the Plaintiff?" I agreed. The rent-a-lawyer tells me "All that stuff you want should be there, the rest is just legal mumbo jumbo." Yeah right "legal mumbo jumbo my @$$" I was going to read that through. The Judge walks in and the rent-a-lawyer tells the Judge that he is having me review the Settlement Agreement and that if we can break for 10 mins. Judge goes back to his chamber, rent-a-lawyer tells the courtroom staff and myself that he has another case in the other room where he is about to tell the other Judge about the offer for his other case, and so he leaves. I read the Settlement Agreement and Mutual Release a few times to make sure that there is nothing that might bite me back or if there was any kind of payment or any kind of clause that would reverse my dismiss with prejudice request. There didn't appear to be any points of concern. The rent-a-lawyer comes back and I told him that I accept. He asks me to sign the Agreement and told me that I should also get a copy from the Plaintiff with their signature in the next few days. The Judge comes out and the rent-a-lawyer informs the Judge that we came to a Settlement Agreement. Rent-a-lawyer gives the Judge the run down, Judge asks me if I had any questions and if there was anything not clear to me. I told him "No". Judge announces "Case dismissed with prejudice" and moves on to his next case. Rent-a-lawyer asks Judges Secretary to make me a copy of the Agreement. Secretary leaves, returns and hands me a copy. So the rent-a lawyer and I walked down and he tells me "You look familiar? Did you have another case here in the past?" I told him "No. This has been my only case and I hope I never have to come back here again!" He laughs and then asks me "So how did you get the Plaintiff to accept your counteroffer?" I told him (without sharing a whole lot) that I objected to their response of "Person Most Knowledgeable" for witness. Excited about the outcome and my victory I shook rent-a lawyer's hand and told him to have a great weekend! A few thoughts that have been running through my head all day: -What if I didn't accept the Settlement Agreement and went to trial? Now that I think about it. It didn't look like any of the witnesses showed up since there was no one in the court room but me and the rent-a-lawyer. It seems like the Plaintiff had no plans of having any witness show up. I decided not to because I didn't notice that there weren't any witnesses until after I left the courthouse. Also, the rent-a-lawyer appeared to be buddy buddies with everyone, in fact, I think he may even be a courthouse employee or is there frequently to work on other cases. So the Judge could have easily sided with rent-a-lawyer. -What if the Settlement Agreement and Mutual Release has some kind of loophole for the Plaintiff that might bite me back? I just checked by court docket and it now has a status of "Case Dismissed - With Prejudice"!!! Special thanks to calawyer, Anon Amos, Seadragon, sadinca and shellieh98 and to everyone else for all your help, advise and guidance!!! I am so glad to be a part of this forum and I have learned so much from each one of you!!! Again, thank you very, very much!!!
  2. My trial starts in 9 mins...nervous as expected. I hope I stay focused...
  3. Congrats!!! You said "Dismissal without prejudice" does that mean this might creep up again in the future?
  4. UPDATE!!! I filed my Objections, Declaration in Support of Objections and Trial Brief at my local court house yesterday. Sent copies to Plaintiff overnight. I'm 3 days away from my trial and continuing to prepare, familiarizing myself with cases to cite that support my arguments/objections, making my list of questions that I'll need to ask should the Judge allow the Plaintiff's witnesses to testify, preparing for what questions I may get asked during the trial and getting all my documents organized. So far I have not received or seen anything from the Plaintiff. The most recent documents I received from them was their CCP 96 request, CCP 1987 and follow up on their settlement offer. I have responded to their CCP 96 Request and emailed my counteroffer of dismissed with prejudice on the settlement offer. I'm checking my docket report daily and have not seen anything new from the Plaintiff there. Does the Plaintiff need to file their Trial Brief as well and send me a copy? Any idea what they could be cooking up on their end? I sure hope I win this case and just get back to my life.
  5. ...and also what do I declare since the ones I've seen are for MIL which I am not doing? My objections are for Plaintiff's use of "Person Most Knowledgeable, Affidavit signed by Citibank employee and the preclusion of the Bills of Sale and Assignment documents to the case.
  6. Is there snippet or something that you can post here so I can copy and paste it. Or is there some form out there that contains this?
  7. UPDATE!!! I am filing my objection (instead of MIL since my trial is in 4 days) and trial brief today. Can anyone tell me if I also need to file a "Declaration of Defendant..."? I noticed that the Dec is usually done alongside your MIL. Thanks!
  8. Correct. Only "Person Most Knowledgeable" from Citibank and UNIFUND are listed as witnesses during trial. No witnesses identified for Pilot Receivables and Distressed Asset Portfolio. Can the Plaintiff prove their Bill of Sale and Assignment chain if there is no one from Pilot and Distressed to validated?
  9. Thanks! It makes perfect sense and you have actually given me a ton of information that is very easy for me to understand. Now as for the witnesses that will speak on behalf of the evidence documents (ie. signed Citibank Affidavit, Bill of Sales and Assignment, one year's worth of credit card statement, etc.), These witnesses have been identified as "Person Most Knowledgeable" from Citibank and UNIFUND. I should be able to submit my MIL objecting to the use of these witnesses due to not giving me names that will allow me to prepare for the case which violates CCP 96, correct? And without anyone to speak on behalf of any evidence documents then the Plaintiff really has nothing to stand on. Am I right in thinking this?
  10. Here are the following Bill of Sales and Assignment the Plaintiff will be using as evidence during the trial - Bill of Sale And Assignment document from Citibank to Pilot Receivables (signed by Citibank Director Douglas Morrison) - Bill of Sale document from Pilot Receivables to Distressed Asset Portfolio (signed by Pilot Receivables VP Morgan J Smith) - Assignment document from Distressed Asset Portfolio to UNIFUND. (signed by Pilot VP Morgan J Smith and UNIFUND Legal Operations Manager Autumn Bloom) No affidavit or any other document pertaining to Bill of Sales or Assignment were provided or shared by the Plaitinff during discovery or my CCP 96 Request. Given, the three pieces of document the Plaintiff will be using during trial, can anyone advise the best way for me to get these evidence inadmissible during trial? TIA
  11. Do I need to include copies of the documents that the plaintiff intends to use for the trial when I file my MIL/Objections?
  12. After thoroughly reading the sample it appears that the declarant that I need to put down is the person who signed the Bill of Sale and Assignment from Citibank.
  13. So it looks like my best path is to follow what luckykid12 had done since what we have is very similar. Same plaintiff, original creditor, lawyers, etc. It appears that even their responses to our CCP 96 request has been the same. I am now working on my MIL since it looks like I can still file this still call this MIL even though I did not see any CCP 98 from the plaintiff. I am pretty much just changing a few pieces of information here and there. There is a section that someone here can possibly help me with. There is a section on his Bill of Sale objection that names a declarant. Which declarant would this be? The person who signed the Declaration of Mailing? Or would this be one of the folks who signed in the Bill of Sale documents?
  14. While I did not title my letter "Meet and Confer", I did send this to the plaintiff which basically says the same: TO: UNIFUND CCR, LLC : CCP 96 requires Plaintiff to list the names and addresses of the witnesses it intends to call at trial. Plaintiff has not done so. Instead, it has "identified" the "Person Most Knowledgeable" for Citibank NA and UNIFUND. Plaintiff's failure to provide the names of the witnesses it intends to call at trial has hampered Defendant's ability to prepare for trial. Please take notice that Defendant intends to object if Plaintiff attempts to call any witnesses at trial not identified by name in its CCP 96 response. This should suffice, correct? I am also looking at luckykid12's posting since our situation is very similar.
  15. Congrats on your win. My situation is very similar to yours in terms of not receiving a CCP 98 from the plaintiff and the specific items they intend to use during trial. All the way down to "Person Most Knowledgeable" for witnesses. My trial is in 7 days and I am struggling to write my trial brief and objections. Do you have a copy you can share of your trial brief? Also, I noticed that you posted a copy of your MIL in this thread. I thought MIL is only used if you received CCP 98 from the plaintiff? Did you ever find out the deadline for submitting an MIL to court? I sure hope you see this soon.