Beekeeper

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Beekeeper last won the day on December 27 2017

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  1. Greetings all. Here's an update on my case. I ended up hiring a lawyer for my appeal. It was well worth it. Lawyer did a great job with our briefs. A few days before we were scheduled for oral argument, CACH contacted us to discuss a settlement. Just heard today that it's official. The judgment has been vacated. The case has been dismissed with prejudice. Happy New Year! Keep up the good fight!
  2. Just got notice that CACH filed for Chapter 11, which apparently puts a stay on judicial proceedings. Does anyone have any idea how this might affect my appeal? (I did file notice.)
  3. I'll most likely do it myself, but will ask a lawyer to review my brief.
  4. Thanks everyone. I talked to a lawyer, and I will appeal. My fee waiver should cover part of the cost.
  5. Thanks RyanEX. Yes, the witness was on the late CCP96. The CCP98 was withdrawn before I filed my objections.
  6. I had my day in court a few days ago. It did not go as I'd hoped. First, some background. At an ex parte hearing last Thursday, the judge allowed their late CCP96 statement of witnesses and evidence in which they offered the usual suspects--bill of sale with redacted account list, some statements, Cardmember agreement, an affidavit signed six months after the sale, and a CACH witness. At trial, the first thing CACH’s rent-a-lawyer did was ask the court if he could present his exhibits as a single exhibit attached to the CCP98 declaration that CACH withdrew when I was unable to subpoena the declarant because she was in Colorado and not California. It held one document that wasn’t listed on the CCP96 statement. I was blindsided, didn’t catch it, so it got admitted. Then he called his CACH witness, who said the original creditor trained him in 2016, so now he can say with assurance that the records they create are genuine and trustworthy. I asked a few questions, but rent-a-lawyer kept objecting, the judge had cases waiting, and it was almost lunchtime. I’d submitted a Trial Brief and filed objections to all the evidence listed on the CCP96 statement. The judge ruled on the objections in the courtroom. He admitted most of the documents including the affidavit that wasn’t on the CCP96, but he tossed the cardmember agreement because he couldn’t read it and said the only relevant bank statement was the most recent one. I objected, but he said bank records aren’t hearsay. He also said he couldn’t find the cases I’d cited in my objections but from what I said about them they didn’t seem to be relevant. That would be Sierra v. Hale and Midland v. Romero. I lost.
  7. I sent a letter, and they responded by filing a noticed motion for an ex parte hearing on Wednesday to allow the late statement. I'll keep you posted...
  8. They served the CCP 98 declaration before the CCP 96, several weeks ago. My process server tried and failed to serve declarant three times at the address of a local lawyer that was provided. Earlier this week, they served a Notice of Withdrawal of their CCP 98 declaration. They tried to swap in another CACH witness, Tom Vigil, on their tardy CCP96 statement. Thank you. This is awesome. Will do. Do I proceed to file my Trial Brief and Objections too?
  9. Trial is on Valentine's Day which is fast approaching, and I could really use some guidance. Plaintiff failed to serve a timely CCP96 statement. It arrived four days late and only after I inquired by email if they'd served me with one--because time was running out, and I needed to prepare. Their lawyer emailed me later in the day with a CCP96 statement and a letter saying "At the start of this year my office was overhauling various workflow systems regarding receipt and delivery of incoming mail. Your request was apparently received but I was not made aware that we had received it. Evidently we had some kinks in the works early in the year unfortunately. If I had known the Request was received then I would have timely responded to it. I apologize for the inconvenience and appreciate the opportunity to respond now." They yanked their CCP98 witness, who I subpoenaed and who was not at the address provided and offered another witness along with a bunch of evidence. The statute says no late statement is permitted. @calawyer and other California folks: How do I proceed?
  10. Weird coincidence. Colby Eyre was the declarant in Meza too. As @calawyer advises, send a subpoena AND notice to appear to the address provided. I believe the notice can be served by mail at least ten days in advance of trial--though I wouldn't wait that long. That's what I intend to do. Good luck! Thanks @calawyer!
  11. I have the same question. Given Meza, should we subpoena AND serve a 1987 notice to appear when a CCP98 declarant authorizes a local attorney to accept service on on "his behalf."
  12. Thanks Calawyer! That’s a relief. I also know a good trial brief goes a long way toward reducing the need for courtroom time, so I’ll definitely spend some quality time on that. Impossible to tell. There is a final amount but nothing to show how it was calculated. Within a year, so it does fall within the SOL...
  13. Thought I'd give you an update. I scoured this site for info on how to prepare discovery responses, and they're ready to go. Just for fun, I'm sending another BOP meet and confer. Humble and profound thanks to all of you. I've been pro se in divorce court in another state (won an appeal recently) , but this is new to me. Thanks especially to @sadinca and @calawyer. Questions: I asked for 2-4 hours for the trial, but kind of got railroaded into agreeing to 1/2-1 at the CMC. Is that enough time? If not, what should I do? Also, according to the docs they provided, it seems I made a payment to OC in one month, and it sold the debt a few weeks later. Is that relevant in any way?
  14. Hello everyone. I've been sued by a JDB in California. I've been lurking. Thank you for your incredibly helpful advice so far. Here are my details. Who is the named plaintiff in the suit? CACH What is the name of the law firm handling the suit? Neuheisel How much are you being sued for? 15K Who is the original creditor? First Bankcard, NE How do you know you are being sued? Served How were you served? In person Was the service legal as required by your state? Yes What was your correspondence (if any) with the people suing you before you think you were being sued? Not sure What state and county do you live in? San Luis Obispo, CA. When is the last time you paid on this account? October 2015. What is the SOL on the debt? 4 years What is the status of your case? Filed response, served BOP, got deficient response, sent M&C, CMC mid-Oct, received their and sent my RFPD, rogs, admissions, trial set for mid-Feb. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No Did you request debt validation before the suit was filed? No How long do you have to respond to the suit? Responded timely What evidence did they send with the summons? Illegible Cardmember Agreement, 2 account statements, unsigned letter from OC on plain paper stating debt had been sold to JDB; affidavit from OC, bill of sale, redacted account list. Claims are breach, account stated, and money lent. JDB BOP response: 9 additional statements and second affidavit. Reserved right to amend BOP response. Objected insofar as claim is account stated. I sent M&C. Got a fee waiver. I’m on MediCal and food stamps. Pretty sure I’m judgment proof, so don’t know why they’re bothering… Any and all advice welcome. Thanks!!!