wildfive

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About wildfive

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  1. Can this apply to motion for Summary Judgement?
  2. @calawyer Does this also work for Original Creditors declaration of how records are kept etc. and the exhibit A of cardmember agreement and exhibit B of all credit card statements? Plaintiff's declaration was from a "litigation support coordinator for Discover Products Inc., successor by merger to DB Seervicing Corporation, the servicing affiliate of Discover Bank." I am in california and this was "excecuted in New Albany, Ohio. If called as a witness, I could cmpentenetly testify to the matter stated herein. NO ADDRESS or SERVICE ADDRESS was included in the declaration.
  3. Thank you. I will look into Rosenthl in California. I believe it does apply, but I couldn't remember which laws to reference. I am weighing the possibility of motion to compel arbitration. When anything new happens in the case in california, you can compel at anytime. Filing a motion for limine, since they did not comply with the laws of the court, will exclude all of their supporting evidence. It could be a complete win and the whole case get dismissed with prejudice. Reality I would prefer to buy more time to save up and settle, but the attorney refuses to return any of my calls, letter emails etc. to meet and confer or discuss settlement. So, since she made a mistake in not following the court rules, I kind of want to just stick it to her. THIS FORUM and ALL OF THOSE THAT HELP EVERYONE OUT...INCREDIBLE ❤️
  4. They did NOT provide an address on the declaration. Only that the declaration was executed in New Albany, Ohio. They filed several documents with their motion for summary judgement. 1. Plaintiffs' Declaration of Kristoffer Kasson (litigation support coordinator for Discover) WHICH WAS EXECUTED IN NEW ALBANY, OHIO included in the declaration executed in New Albany, Ohio was exhibit A: cardmember Agreement and Exhibit B: Account records of transactions. 2. Their evidence in support of its motion for summary judgement ( which is only the declaration and exhibits part of the declaration that was executed in New Albany, Ohio. 3. Plaintiff's statement of undisputed material facts in support of it's motion ( which were based only on the declaration mentioned above) 4. Proposed order granting Motion for summary judgement 5. plaintiffs memorandum of points and authorities in support of its motion. 6. motion for summary judgement with only 2 affirmative defenses. a) it is an open book account based cardmember agreement provided as exhibit A of aforementioned declaration b) monthly statements provided as exhibit B of aforementioned declaration. I REALLY APPRECIATE ALL OF YOUR HELP ❤️
  5. @Clydesmom I found new information regarding California rules of the courts regarding declarations. DeclarationsUnder Penalty of Perjury, pursuant to California code of Civil Procedure $ 98 ( hereinafter "section 98 Declaration") Compl. 29 Under certain circumstances, CCP Section (* permits such declaration in lieu of direct testimony, but it requires the declarations's affiant has a current address within 150 miles of the place of trial, and that the affiant is available for service during the 20 days immediately prior to trial. Discovers affiant for the declaration clearly states the affiant(one who swore and signed the delcaration) was executed at New Albany, Ohio. Trial and jusridiction is in Riverside, California. I believe I can get the motion for summary judgement dismissed based on the facts that their declaration and ONLY supporting evidence is invalid as per the california rules of the court.
  6. @Clydesmom 2 more questions if I may? Discover filed it as a short/fast track trial. Therefore, no court ordered mediation and no CMC. Can I still amend my response to make it a standard trial should the motion to compel get denied? Discover is NOT responding to request for admissions or any other discovery. Which is what you consider the best for arbitration, JAMS or AAA? Discover disclosure says you can do either
  7. Thank you so much. That is what I leaning towards too I sincerely appreciate your help!!!!
  8. Just to clarify, if discover was the one calling the place of employment, they are not held under the same FDCPA laws? @Clydesmom May I ask what you would do if you were in our circumstance? as direct as you can be so I can go at this full force I SINCERELY APPRECIATE YOUR KNOWLEDGE!!!
  9. Sorry. After looking at s lot of your posts, you mention filing MTC FOR ARBITRATION. Is is too late in the process to file one?
  10. Do you have any recommendations as to how I can oppose the motion for summary judgement? There are still outstanding issues where they did not follow the laws for collecting debt by continuing to call my employer and divulge details of debt etc.
  11. Even if the card was opened in 2012 and the cardmember agreement was dated 2014? and thank you for your input