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Everything posted by cbincali

  1. Hi All, Lost my case today :'> . If you are in Chatsworth with Judge Brenner, he is 200% a Creditors Judge. After the verdict, I asked him if you don't take any evidence or lack thereof into consideration how does a Defendant ever pervail in your court, he said only by proving they are not the correct person being sued or if the Defendant paid for a defective item and the store refused to reimburse. He then added if you make charges and make payments then I believe it to be your bill. . Essentially he takes no 2015.5, CCP98, elements required for an account stated, Custodian of Records lack of personal knowledge, standing etc.... into account. So I WANT APPEAL. is this something I can do Pro Per or do I need an attorney? How does the process work?
  2. Do you know what the timeline is on an oppostion to a summary judgement. I was served today?
  3. Ok I'll type what it says. Just curious why do you think they are doing this at this late stage? Are they trying to say that they are that confident in their case? Is this a normal practice?
  4. Received a SUMMARY JUDGEMENT today 2/14/15 via Fed EX from PRA. Court date is March 6, 2015. I was in the midst of working on my objection. What the heck? Now I have to switch gears and figure out what to do about this??????
  5. Received a SUMMARY JUDGEMENT today 2/14/15 via Fed EX from PRA. Court date is March 6, 2015. I was in the midst of working on my objection. What the heck?
  6. oooh ok! Got it sorry everyone. I'm on track now... Thanks again
  7. Can you tell me what the diffrence is between a A motion in Limine A motion to Strike An objection Does one pack more of a punch? Are they all filed the same way?
  8. A motion in Limine A motion to Strike An objection Does one pack more of a punch? Are they are filed the same way? Thanks
  9. Thanks Iooked it over. Can you read from paper when questioning? So you just ask the questions when done ask judge to strike testimony and then what? The plaintiff will cross examines? I'm a bit on the shy side so I'm going to be going waaaaaayyyy out of my comfort zone.
  10. Ok will do. Thank you soo much. You are soo very very helpful and I am truly thankful for all you've done thus far.
  11. Thank you for that pep talk, the declarant (Maria Marin) being there did shake me a bit. But I'm going to keep moving forward. Thank you again!!! Up late in LA working on my case.
  12. Thank you very much. Quick question I was reviewing the Elkins v Superior Court case and I not quite sure how this case works in my favor and what the pertinent parts are. Can you help me out with that? Please
  13. In the process of preparing my objections to evidence that was sent to me and I have no clue how to prepare it. Can someone send me some examples of MIL or objections to evidence ( affidavits). Subpoena'd the Custodian of Records and she was served today, so not sure if I still include the objection to the CCP98 if not then all i have to object to are the affidavits thats why i"m in need of example of an objection that is tailor to the affidavits and not so heavily on the CCP98 (being that she was served today) Correct me if I'm wrong. Thanks all
  14. Yes the process server said he served her at her desk. He said she told him she gets alot of these because she is a Custodian of Records. Yes sent the CCP 96 and got back with all the evidence they plan on using. Which consisited of: CCP 98 - which is why I subpenoed the Custodian of Records Affidavit of sale of (a pool of charge off's) account by orginal creditor which is notorized by some one in Minnesota Blanket Cettificate of Conformity for Notary Seller Data Sheet/with my name address and bal.... Another affidavit of sale from the colllections operations rep for the original creditor Copy of customer agreement Copys of statement (no charges just the page Thats all. So would I still object to the CCP 98 even though I subpoena'd and served her. Also can I object to the affidavit's?
  15. The Custodian of Records for Portfoilo recovery that I served a subpoena on today was successfully served on the first attempt. Now what???? I was studying and working on my Motion and Limine to the CCP98 and I think it is now a moot point. right? What next freaking out. Didn't think service would be successful. I know I should be objecting to something just not sure at this point.
  16. I plan on calling Portfolio Recoverys' Custodian of Records, who was just personally served by the process server today. Other then that no other evidence.
  17. Hi, I filed my subpoena and its in the hands of the process server. Do I have to also answer the Plaintiffs Request for witness and evidence or is the subpoena enough. Or should I answer the plaintiffs request and attach the subppoena. The 20 day window for me to answer the plaintiffs request is on Feb 13, 2015. Well just heard from my process server and the affiant was PERSONALLY SERVED at the address listed on the CCP98. NOW WHAT?????
  18. I was sued by Portfolio Recovery/Legal Recovery out of San Diego, CA last year and my trial date is 3/6/15 and I was just curious to know if anyone has been sued by these guys. If so what was your outcome. My trial is in Chatsworth and although I've been reading all the great information everyone has submitted I have to admit I'm still a bit nervous. Also thanks to SEADRAGON and ASTMedic for all your information. I filled my subpeona today and the process server plans to make his first attempt tomorrow morning. Thanks advance everyone!