Banana

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About Banana

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  1. Beautiful! You did so great! If I can just get past this hurdle of writing the memorandum if points and authorities and declaration that my darned County requires for the motion, I think I'll be OK.
  2. Wow! You did fabulously, congratulations! Did you end up making counterclaims in the arbitration paperwork, is that why you think they agreed to pay your fees? You are giving me encouragement that this can work. Thanks for coming back to share! Banana
  3. Ok so I apologize, went home double checked the downloaded file. It's right there. The one I pulled was from 9/2018. I don't know what my problem was that I didn't see it. Must have been looking at this stuff too long! (Believe it or not, I'm actually not a total idiot - I apparently just can't read what's in plain English! *Embarrassed*) Sorry!
  4. @Brotherskeeper @Harry Seaward Weird. It is on my laptop at home. Downloaded from consumer protection bureau. I'll post it later today. It still has the Arb clause but doesn't specify aaa or jams now. I figured they are sick of losing their oppositions to mtc's and figure court appointed arb's will be cheaper.
  5. Of course this comes as I am currently tearing my hair out over drafting my MTC w/ Midland. This puts the fear of God into me. I hope this is because it is the same lawfirm handling the OP's second debt and not because this is their new strategy. I was worried about dealing with their opposing my motion, but if they actually followed me in, I would be hosed. In CA, this makes me think maybe defending would be wiser. I'm going to stay tuned here to see if they pay the second bill. I thought in JAMS the arbitrator can award the Arb and atty fees to be paid by the loser? Isn't it only AAA that their am terms say their fees can't be assigned to the loser? Oh, but remembing it was Synchrony, they pay fees even if he loses right? Interestingly, I looked at the most recent synchrony agreement for a Gap Inc cc, and they have taken JAMS and AAA out of the contract.
  6. Woo hoo! If my mtc gets tossed, I might be needing this in California! Thanks for posting!
  7. Thank you, @nobk4me The further I go on this, the more I worry I will not compose this correctly. In my court they use a tentative ruling system, so I have to submit a notice of Motion and Motion, Memorandum of Points and Authorities and Declaration (and the order). I will be ready for the bar when (if ) I get this done. Essentially I have to make the whole argument for the motiin in the documents I file. I'm pretty intimidated and doubting my ability to get this right. Last night I read about "landing" the citations, and that if you don't include this the court can disregard your citations. I'm not sure if that is done in my local court. There is nothing about landing citations in the "how to" instructions I located for filing a motion in my local court. I am afraid of putting the statutes in the wrong order or citing something incorrectly and the other side using my technical error to have the whole thing denied. I have been reading "Represent Yourself in Court" by Paul Bergman. It's not specific to CA, but has a lot of good info that has been helpful. The other side hasn't sent any discovery requests and hasn't contacted me to agree on possible trial dates (we are supposed to confer, and submit an online form with 3 agreed dates). I haven't scheduled the hearing for my motion yet because I'm not sure how much longer it's going to take me to draft the rest of it. Reading tonight that Midland paid the fee to follow the Kentucky fellow into Arb has me more than a bit concerned. I hope when they get that second bill they will fold. I will be following his thread closely.
  8. Hi all! So I am drafting my MTC, and I paused when I read the passages from the sample MTC (copy pasted below). My question is are there supposed to be blanks here: Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3) and here: see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). from this: 6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " @fisthardcheese
  9. That's scary since they seem to be getting closer to success with their arguments. I'm glad I am at least braced for them to respond. Forewarned is fore armed. Their affidavit from the OC is on the opposite coast, so I'm hoping I can use the CCP 98 strategy of trying to subpoena the witness for deposition if my MTC is rejected and I have to proceed in court.
  10. Hello! Thankful to hear from another Californian! Thank you for reading my post and taking the time to answer. In Sac, there is a motions judge who hears motions, but I'm unsure if there is more than one judge (I would think so). I can still try to contact the clerk in the department, so thanks for that suggestion. I have looked up where I file it (not in the main courthouse), what it must contain, and the format required. Looking at the update on what day's filings the court is working on, my response should be posted in the next few weeks. I think I have to wait for that because I think they will assign a trial date at that point. Then I can count how many days ahead I have to schedule the hearing for the motion to give enough time for the other side to respond before the hearing. I am just anxious to get my MTC filed before they send their request for discovery. I'm not sure if they have to wait for the answer to hit the docket before sending their requests. I don't really know all the details of how this works. Banana
  11. I am following, since I just answered Midland in CA with General denial listing lack of jurisdiction as my only affirmative defense. I am watching closely these 2 threads (busy mom's and this one.) I have been wondering how much information sharing happens between Midland offices across states. I have not filed mtc yet (I'm trying to figure how whether I have to wait for the court to post my answer before filing the motion, even though when they post, it will be backdated to the date filed.) Anyway, I will be anxious to see what er the attorneys in CA will oppose the motion.
  12. Good morning. I'm checking my court rules (Sacramento County - Civil Case) and Motion to Compel Arbitration is not on the quick reference sheet. I am trying to figure out the required amount of time to do everything (notify the other side and such). I attached the guide. Also, the court hasn't posted my answer to the docket yet, so there is no trial date. Do I have to wait until the answer is posted to set the hearing and file the motion? Thanks for your advice? Banana @Goody_Ouchless, @fisthardcheese@Harry Seaward, @calawyer motion-quick-reference-list.pdf
  13. Ok, so this strategy is still viable if the witness's address is over 150 miles from the court the case is filed in? (I am going the Arb route, but Midland has been pushing back on MTC Arbs recently from what I see here, so I want to have a plan B. This strategy looks like my best bet if there isn't new case law to shoot it down.) Thanks, @BV80 for jumping in to clarify!
  14. Edited: Wanted to ask a question on this topic. I am not entirely sure, but if I am understanding this article correctly, the CA Supreme Court ruled in Feb 2019 that the [CCP 98] witness does not have to be able to be served personally within 150 miles? Here is the report I found about the Supreme Court decision. https://www.severson.com/consumer-finance/district-court-cal-says-ccp-98-declaration-in-underlying-state-court-debt-collection-action-did-not-violate-fdcpa-because-declarant-was-out-of-state/