DaisyMae

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About DaisyMae

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  1. Good news - I won. I finally got them to dismiss (after dealing with 5 different lawyers at Mandarich. Thank you all for your support.
  2. Thank you LaneBlane. I appreciate your suggestions. We actually had our Final Status Conference about 10 days ago. Judge asked plaintiff's attorney who he was going to call as a witness, and if it was going to be a third party witness (it is) judge said it won't work. Also said he's heard similar cases recently with the same problem. Basically told plaintiff they can't win their case. Judge also said my trial brief hit every point needed for my defense - basically that plaintiff has no standing because exhibits offered as evidence are hearsay and don't qualify for hearsay exception. He continued the case until June and ordered two more conferences in the meantime. Needless to say I'm very encouraged by this.
  3. Thank you, all! I really appreciate your comments and suggestions. I'm hoping that after my telephonic Final Status Conference on 4/10 I will have some more info. I submitted my trial brief yesterday and in my (not so humble) opinion, I think it's pretty good. I basically kept saying that they have no admissible evidence to #1 prove standing, and #2 to then prove the allegations in their complaint. It's all hearsay, and not admissible under the Business Records Exception to the Evidence code because they cannot meet all of the requirements of the qualified custodian of records. So far they listed 4 of them that could possibly come to trial, but they all work for CACH and have no personal knowledge of the practices, etc of the original creditor. But the biggest problem is that the "original creditor" on the complaint is "Bank of Internet" and on the Bill of Sale it's "On Deck Capital, Inc."
  4. BTW Court just granted my request to appear via CourtCall for the FSC, so that's good!
  5. Cach, LLC, represented by Mandarich, sued me for breach of personal guarantee on alleged defaulted loan for $205K. Trial is 4/16/18 and FSC is 4/10/2018. All docs with exception of Trial Briefs have been submitted. Trying to get them to dismiss for lack of standing that is more egregious than usual. Here's what I wrote to their lawyer (who hasn't been a member of Cal Bar for even a year):In the Complaint CACH alleges that it is the “assignee of original creditor Bank of Internet,” but the “Bill of Sale” offered as EXHIBIT 1 to the JOINT EXHIBIT LIST states that CACH purchased some “Charged-Off Accounts” from “On Deck Capital Inc.” In your preparation of the JOINT LIST OF STIPULATED FACTS you inserted a “slash mark” between BANK OF INTERNET AND ON DECK CAPITAL, INC., in what I believe to be a fraudulent attempt to merge the two separate entities into one, because you know that your documents not only cannot prove that CACH has a valid assignment, and therefore lacks standing to sue, but that the documents contradict each other. You did this deliberately to mislead both the Court and me, and I believe that this is a violation of Code of Civil Procedure - CCP § 128.7. This is his reply: I have received your letter and understand your concerns. If you will please notice, the Loan Agreement you signed has both Bank of the Internet and OnDeck at the top of the document. As you can see on that document, Bank of Internet was the lender and OnDeck was the servicer. Thus, this was not an attempt to mislead you or the court. I now live 3,000 miles from Santa Monica where the Trial will be held. I'm pretty sure I can win at trial, but I would like to not have to go to the trouble and expense of flying to California. I'm waiting to hear back from Court if they will grant my request to attend the Final Status Conference on April, 10, 2018. Also, I've told plaintiff repeatedly that I am judgment proof (I have a fee waiver) and even if they got a default judgment because I didn't appear, they couldn't get anything. Sorry this is so long-winded! Thanks for your help!