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HelpInCali last won the day on June 23 2017

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  1. Thanks AuthorCat. I do plan on sending the MC-010 with CMRRR. What I learned from this experience is that if you are serving documents to the other party, make sure it's CMRRR. I have read that when a Plaintiff files a Request for Dismissal (CIV-110), the Plaintiff must serve the Defendant a filed copy of the Request for Dismissal along with a copy of a Notice of Entry of Dismissal and Proof of Service (CIV-120). Then file the Notice of Entry of Dismissal and Proof of Service at court. Rule 3.1390. Service and filing of notice of entry of dismissal A party that requests
  2. UPDATE: I called the clerk at the Department that my case was held. At first she was unaware of the Plaintiff filing a Request for Dismissal, she was trying to research on why it was dismissed. Then she confirmed that the Plaintiff has indeed filed for Dismissal, the Trial Call scheduled for tomorrow is vacated, and that I don't need to come to court tomorrow. So I'm guessing it's official? I printed out a copy of the Request for Dismissal ($7.50 for a copy) from the Register of Actions on my local court website. Rule 3.1700. Prejudgment costs (a) Claiming costs (1)Trial
  3. Thank you Calawyer! I will fill it out today and file it soon. In my research on the forum, I have read something about filing a Judgment of Dismissal. Would I need to file that along with the MC-010?
  4. I believe the clerk accepted the dismissal request. My Case Status is showing Dismissed, the Civil Jury Trial that was scheduled for this Friday is vacated, and my case is no longer showing on the court calendar. On the Advance Trial Review, it does state each counsel is ordered to telephone Department prior to 12:00 noon on the day before the initial trial call date to report: 1) their readiness for trial, 2) the estimated trial length and 3) whether a jury will be required. I will call the clerk on Thursday to confirm about the dismissal. Then I will go after my filing costs, afte
  5. In all my excitement, I forgot to thank everyone who has helped me in my battle with the JDB. AuthorCat, Calawyer, Anon Amos, Sadinca, Seadragon, and all the threads I've read and researched (ASTMedic, Homelessincalifornia, RyanEx, Qbert, Rookie, HumgBird, easy619, smitty009, SoCalGirl) THANK YOU ALL!!!
  6. UPDATE: I just checked the docket today. It shows my Trial Brief and Objection To Evidence has been filed. I have not checked the docket since last Thursday. If I had checked it sooner I might have seen that last Friday H&H filed this: Request for Dismissal without Prejudice - Entire Action filed by LVNV Funding LLC
  7. UPDATE: Today served H&H a courtesy copy of my Trial Brief, Declaration, and Objection To Evidence via fax with POS-040, also mailed them a copy via CMRRR. Filed my Trial Brief, Declaration, and Objection To Evidence at court. Now to get ready for the Trial Call this Friday. Trial will be next Monday. LET'S GET READY TO RUMBBBLLLEEE!!!
  8. I knew she was lying. I have read enough threads to know JDBs have dismissed cases many times before trial. The funny thing was it seemed like the Rent-A-Lawyer was more intimidated by me. Maybe she was caught off guard by what I was telling her to tell H&H. They did not send me the original cardholder agreement or the complete record of billing statements, instead they sent a copy of the 2013 cardholder agreement and 2012-2014 billing statements. To be honest, when I first arrived to the court room I was nervous and sweating bullets. The judge seen me walk in
  9. UPDATE: I went to the Trial Readiness Conference on Friday. I arrived 45 mins early and was able to sit through a few hearings to get an idea of who my judge is. I've done some research on my judge prior to the hearing and found that he has a record of being pro-defendant. After listening him grill almost every plaintiff while being more courteous towards defendants, I think I may be in good hands. As for the Joint TRC report, the judge had the Rent-A-Lawyer (a different one showed up this time) and I go into the hallway to finish up the Joint TRC report. As we were walking out to t
  10. I received JDB response to my CCP 96 today when I got home, envelope postmarked 06/05/17. WITNESSES TO BE CALLED AT TRIAL: 1. Defendant (my name and address) Plaintiff may call on one or more Custodian of Records who could testify from the business records. These witnesses may be contacted through the undersigned legal counsel at H&H ADDRESS. DESCRIPTION OF DOCUMENTS TO BE PRODUCED AT TRIAL: 1) Bill of Sale 2) Load Data Document 3) Declaration of Account Transfer 4) Card agreement from Original Creditor. 5) Billing Statements from Origin
  11. Thanks AA. I printed out the Joint TRC report format from my local court website. It looks like I have to fill it out then put everything on pleading paper. I called H&H but it went to the lawyer's voicemail. I left a voice message saying to call me back. I am unsure on what to do now. According to the Joint TRC report format: The Joint TRC report must be provided for filing at the Trial Readiness Conference. Failure to file the Joint Trial Readiness Conference Report OR to appear at the Trial Readiness Conference may result in imposition of monetary sanctions, dismissal of the case,
  12. After reading my local Rules of Court: Rule 2.1.15 Trial Readiness Conference A trial readiness conference will generally be scheduled four weeks before the trial date. The parties must meet prior to the scheduled hearing and attempt to resolve the case, or, if that is not possible, limit issues for trial. If the case is not settled in its entirety, all parties must prepare and sign a joint trial readiness conference report in the format set forth in the joint trial readiness conference report available on the Civil Forms area of the court’s website. Separate reports will not be
  13. I just received another voice message from JDB, wanting to discuss about Friday's hearing and that there are some paperwork that we need to prepare for the hearing. What paperwork would the JDB be referring to?
  14. So it's similar to the Case Management Conference. Thanks Anon Amos. I don't think they wanted to discuss a settlement, just by the verbiage of the message "discuss about the upcoming hearing". If they were calling me with a settlement offer, I will counter whatever offer they had with a "dismissal with prejudice" offer. But since their deadline for the CCP96 request was yesterday, I just find it coincidental that they called me that day wanting to discuss about Friday's hearing. I thought it might be a JDB tactic and they were trying to get some admissible evidence via a record
  15. UPDATE: I decided not to send the M&C. The Trial Readiness Conference is this Friday. I'm starting to get the pre-trial jitters and freak outs. What should I expect and be prepared for at this conference? I have not received a CCP98 from H&H. The deadline for them to send a response to my CCP96 was yesterday so I will be expecting it soon this week. I received a voice message yesterday from JDB wanting to discuss about the upcoming hearing. They have called before but that is the first time they ever left a message. I am not sure I should return the call since the message d