HelpInCali

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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 dismissal of an action must serve on all parties and file notice of entry of the dismissal. Rule 3.1390 amended and renumbered effective January 1, 2007; adopted as rule 383 effective January 1, 1984. AND Rule 3.1700. Prejudgment costs (a) Claiming costs (1)Trial costs A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case. So if I am comprehending both Rules correctly, I will have to wait until the clerk files the Notice of Entry of Dismissal and Proof of Service before I can send H&H the MC-010. I'm wondering if maybe H&H would "mistakenly forget" to serve and file the Notice of Entry of Dismissal and Proof of Service just to avoid the MC-010. That could be why it took a few members longer than expected for H&H to pay up. If that is H&H's plan, how should I attack it?
  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 costs A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case. I have not received a Notice of entry of dismissal by the clerk yet, so I guess I will have to wait until I get the Notice in the mail before filing the MC-010. QUESTION: When H&H filed the Request for Dismissal, shouldn't they have sent me a copy as well?
  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, after I do some research on that. Thank you AuthorCat, you have been very helpful to me throughout this case. I'll do my best to pay it forward to others in need.
  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 the court room, gave me a reassuring smile and said "Good morning". To which I smiled back and said "Good morning your Honor". After I sat down and went over my notes, I was able to calm down and gather myself. Thank you very much for the encouragement AuthorCat! I'm flying this solo so that means a lot.
  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 the hallway: Rent-A-Lawyer: Are you sure that you do not want to settle this case? Me: I just want this case to get dismissed. Besides I have not received any settlement offers from the plaintiff so I doubt they're looking to settle. Rent-A-Lawyer: The only way for it to get dismissed is for it to go to trial. But I do happen to have a settlement offer from them. They are offering $600ish to be paid within 30 days. To which I decline. Then the Rent-A-Lawyer asked me to sign the Joint TRC report so that we can be quickly done with this hearing, she mentioned that she has a lot of cases on her plate today. As I was reading over the Joint TRC that H&H prepared. They have put me as the only WITNESSES TO BE CALLED AT TRIAL but have put "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." under section F. But Section F in a Joint TRC are for plaintiff's Jury instructions. Are they trying to sneak in the custodian of records by putting it in a different section? As I was going over the evidences, I told the Rent-A-Lawyer that I was not going to sign the Joint TRC report without putting my objections down in the evidence section. She sounded surprised at first but then said "Ok that's fine". I also told her that I received H&H's response to my CCP 96 and that I will be objecting to the Custodian of Records in my Trial Brief. To which she said "Ok that's fine as well." I listed my objections on the Joint TRC report, signed it, and we walked back into the court room. The judge went over the Advance Trial Review Order with us and sent us on our way. As we were walking out to the hallway: Rent-A-Lawyer: Good luck at trial. Me: Thank you. Rent-A-Lawyer: Now I'm off to another case. Me: Have you worked with H&H before? Rent-A-Lawyer: Yes. They usually bring billing statements and card agreements to trial but you will be able to testify against them. Me: I see. Thank you and have a nice day. I'm working on my Trial Brief and plan to serve it to H&H and file it in court later this week. I was wondering if there is anything else I should send H&H?
  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 Original Creditor. These documents have been produced to defendant previously or are already within defendant's possession. Courtesy copies of each of these documents are attached hereto. Plaintiff also intends to offer documents into evidence which are currently unavailable including copies of the application and payments from Defendant. Plaintiff anticipates those documents will be available prior to trial. They also sent the same stuff I received from discovery. Aren't they suppose to provide an actual name & address for Custodian of Records?
  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, or entry of a default judgment. Failure to fully disclose all required items in the report may result in exclusion or restriction of evidence at trial. This is a JOINT REPORT. Separate reports will not be accepted. What happens when a Joint TRC report is not yet completed?
  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 accepted. Failure to disclose and identify all trial exhibits and witnesses intended to be called at trial and all other items required by the report may, in the court's discretion, result in exclusion or restriction of use at trial. The completed report must be presented to the judge at the scheduled conference. No part of the joint trial readiness conference report is to be received into evidence against any party in later proceedings. Could the Joint TRC report be the paperwork the JDB was referring to?
  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 recorded phone conversation, then put it as evidence on their response to my CCP96 and serve it to me before the deadline. I might be overthinking it, but I'm a cautious fellow.
  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 did not pertain anything about discussing a settlement. Or should I hear what they have to say?