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Everything posted by GRIMM71

  1. Already familiar with the fight (won my last one), but was not sure how I should proceed given the improper/ non-service. What happens if I do nothing? (being that I technically have not been served)
  2. Question (I do hope I am in the correct space for this): I randomly found out that I was being sued by Cavalry in California. The Complaint was filed 10/5/2016. I have not yet been served, but apparently there were some attempts made (stupidly at noon during the week when I was at work). Is there anything I should be doing currently? Monday, April 3, 2017, Cavalry can petition the court to serve me by publication. Anyone here ever experienced that? Also, someone (I assume the process server) just put the summons and complaint in my mailbox about a week or so ago, I assume they are hoping that I will act on it without being properly served? I would welcome any comments or suggestions. Thank you!
  3. But, it the costs part is independent of the Judge's order, correct?
  4. I messaged you when the links to your posts were not working and you fixed them very quickly. Thank goodness too, because your information was the basis of most of my objections.
  5. The Judge asked me to write the order, does it need to include "defendant recovers costs" or can i file for that without it being in the order? Any info would be great!
  6. California / San Mateo County Case dismissed with prejudice against Midland - 1/28/16 (yesterday!) Never posted before, but really wanted to share the good result: The "rent-a-lawyer" asked if i wanted to settle for 65% (the authorized settlement offer). Me: my internet research found that the JDBs buy these for pennies on the dollar, so if you want to divide those numbers by 100 we can talk settlement, otherwise i'm ready to proceed. MF's atty: you subpoenaed a witness? Me: yes, she might be blond (it was the person who signed their CCP 98, but she never showed). When we finally got in front of thejudge (i was the only case of this type at that time), the Judge asked MF's atty to present her case. MF's atty: i have this declaration in lieu. Judge: Ms. GRIMM71? Me: i am objecting to the ccp 98 declaration as untimely. Judge: explain. Me: proof of service date-12/23 via 3-day FedEx, CCP 1013, does not include or define 3-day service. As the label indicates, it was not scheduled to arrive until after the 30 day pretrial cutoff & deadline. They had plenty of time to get it to me in time, including delivery on the 28th, a Monday. They did none of these. Judge: you are correct. Evidence excluded. (To MF) do you have any other evidence? MF: no. Judge: Ms GRIMM71? Me: i move to dimiss in my favor with prejudice. Judge: done. Me: thank you your honor. I would also like to thank all of the people on this forum that made this moment possible: Sadinca - for great samples & a quick response when the links to the samples weren't working ASTMedic - for all of the great samples Seadragon - for the valuable pre-trial checklist Rivertime - for being in the same situation re: untimely responses RTE - for the response full of case law re: missing deadlines Calawyer, Anon Amos, H8spleadingpaper, and Homeless in California - for ALL of the valuable advice posted on the forum
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