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About FiredupinCA

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  1. Sorry, didn't mean to send. So I can still do ccp96 as my next move, I believe 45 days before trial?
  2. So I can still subpoena their witness? I think I read that for an unlimited case a declaration in lieu of live testimony wasn't allowed and that their witness had to appear? Is that correct?
  3. Looking at my credit report history it shows the OC closed the account in 2012, showing a delinquency for the last time in July 2015. The JDB bought the debt in Aug 2015 (which is what they've provided) and starts showing on my credit report in Nov. I don't believe OC's hold on to debt that long before selling it, wouldn't they have sold it closer to the time they closed it?
  4. My case in unlimited and many of the things I've read pertaining to different CCP's indicate they are for limited cases and I do not find much info on CCP's for unlimited cases. I'm pretty positive I've read more than just this one but just ran into the one below again so figured I'd ask while it was fresh in my mind. Do unlimited cases have their own CCP #'s that correspond to the unlimited or do I not have those same rights? If I don't have those rights, how would I proceed because everything I've seen has the CCP below followed by their CCP98, me subpoenaing their witness, etc. If I'm not able to do CCP96 or something else similar, how do I follow through with getting their so called expert witness testimony and evidence tossed when I won't know what they are? CCP §96(a), Either party may serve a request for disclosure of witnesses who will be called, and documents, photographs, and other evidence that will be offered at trial. . Make the request on the mandatory Judicial Council form, Request for Statement of Witnesses and Evidence—For Limited Civil Cases (Under $25,000) (Judicial Council Form DISC-015).
  5. Thanks Shellieh98. I have read both threads mentioned and planned on proceeding with the M&C, MTC etc until the judge said she thought discovery motions were a waste of time, so I decided against that. I'm just confused on whether or not a M&C should be done even if I don't plan on filing a MTC? Ryanex, I have not been able to locate the new judge's clerk's contact info, any advice on how I do that?
  6. Thanks for the info Ryanex. What exactly is a meet and confer for? I'm under the impression it's obviously to try to meet and straighten out the issues at hand, however, I thought it was mainly something that was required to do prior to completing a motion to compel. I know that Winn will not follow through entirely on the meet & confer and will simply provide all they've provided in the past. By what you said, I'm guessing it's something to do to kind of show due diligence on my side as far as trying to work it out and them basically being negligent with the info they provide, is that the purpose? Also, on the meet and confers I've seen thus far, the people always say to call them and leave a phone number. Do they really call? I wouldn't even know what to say if they did. I have read a few things on my future judge, but have been really busy (it's been a hell of a week) so haven't been able to call the clerk yet, but thanks for the advice. I am happy to know he takes great heart in the briefs and paperwork submitted to court and although he rules from the bench has done his homework and is up on the details of the case prior to court. As opposed to the current judge I have who has a reputation of not putting much thought into the briefs & paperwork, doesn't know details about the trial ahead of time and rules solely from the bench with the evidence provided. I'll check out the ABTL report, thanks again!
  7. Happy Friday! My judge was supposed to be ruling on several collections trials today, but unfortunately after being there 4 hrs I was informed the parties didn't show. Anyhow, I did learn that my judge is transferring elsewhere and beginning in January a new judge will be presiding over the cases. My trial is in January and I am not finding the new judge on the court calendar at all. He's not new and I see his name and Dept # on the court house listing, however, when I look at the calendar under his Dept, nothing comes up - not now, or any month through the end of the year or even in Jan. I obviously didn't look at every day, but looked at several different days throughout each month and nothing comes up for his dept. Do you know what I could be doing wrong in my search? Also, I had previously made the decision to wait until the 45 days before court before doing anything else. Unfortunately my mind won't rest and I thought perhaps it would be best (if only for my sanity) to proceed with the next steps, which I believe are meet to confer and MTC. After being in court today I'm not so sure of that decision. My judge informed a pair of lawyers for a CMC that were talking about incomplete discovery and needing more time that she deplores discovery motions, finds them unnecessary and a waste of the courts time, instead she advised them to mediate. Based off of her response to them I figured I should stick with my original decision and not do anything until closer to trial. However, once I found out there will be a new judge I'm not sure how to proceed. I don't want to waste my time, your time or the courts time if she's just going to direct us to mediate to avoid trial if I were to continue on with the next steps, but I would also like to end this all as soon as possible. I'm unsure now how to proceed and confused as to how a new judge changes things in my case with filing motions now (that the current judge apparently doesn't like) and also worried that I can't find the new judges schedule, won't be able to see him in action and get a feel for him. Any advice or suggestions, as always would be greatly appreciated! Thanks
  8. Thanks for the explanation. I've certainly got some studying and decision making to do. Have a fantastic weekend with your beautiful babies!
  9. I'm still learning the lingo, but don't think I've seen this one yet, what is MSJ's? Yes, a trial is set for Jan. It's as bit of a relief to know I can hire a lawyer to represent me. Thanks for the advice regarding finding one. We do have one in town that supposedly fights a lot of the JDB's and wins, but that's him telling me so, although I do hear he has a good reputation in town. He is who I consulted with previously and who did my original response paperwork. He was alright, but I left there feeling confused as he didn't explain things to me, why/how we were denying the suit, what to expect going forward etc. So I'm a bit unsure about that, but I guess I will figure that out as I get closer to the trial date. Should I go ahead and do the meet and confer anyhow just to see how they respond and what all else they might provide, if nothing else, just to give them more to do? What is the purpose of a meet and confer exactly? Would I basically be objecting (not in the legal term) to what they have provided me? Would they really call because I would have no idea what to say if they did, but more than likely I wouldn't even answer the phone.
  10. Thanks for the reassurance sadinca, I appreciate it! I would have been much more stressed about it all had I not read so many other threads and seen much of the same objections to the production of docs from others. Should the affidavit been executed in CA? What is my next course of action? I'm guessing your baby girl has arrived at this point (or you have a very miserable very pregnant wife on your hands, lol) I'm sure she's absolutely perfect and you're head over heals in love, hopefully she's letting you get some sleep and not keeping you both up at night. Congrat's!
  11. Yes, the statements shows payments and credits. There are 11 statements total from 3 different years.
  12. As part of the main part of the form it says, "I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true. That's where the supposed Citi employee signed and dated it. The notarized part at the bottom lists the date notarized and says, "before the undersigned Notary Public in and for the state of Missouri, personally appeared (lists Citi's employees name) known to be me to be the person who executed the Affidavit on behalf of Citi and acknowledged to me that he executed the same for the purposes therein stated.
  13. Also, is it possible for me to do all the legal leg work up until the point of the trial and then hire a lawyer to represent me in court?