calawyer

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calawyer last won the day on February 16

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About calawyer

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  1. Right. But they tried that on Summary Judgment and lost. To try the case with the paperwork that the Court already rejected is not a good way to endear yourself to the Court. He needed a witness to say that plaintiff owned the debt.
  2. I would bet my bottom dollar that the lawyer did not have a witness. Without a witness, they would only have you to call to the stand. And while they might do a searing cross exam on you sufficient to establish the debt and non-payment, there is absolutely nothing you can say about assignment. That is why plaintiff dismissed without even trying.
  3. Welcome. Are they really saying they don't have to respond to a demand for production? There is a California case that suggests they may not have to respond to a Bill of Particulars in an action on an account. But I have not seen that argument before with a demand for production. Did they cite a case?
  4. I will apologize for my absence at another time. But I had to post the news of this gift we received today from the California Supreme Court. Cal Supremes held that a CCP section 98 declarant must be subject to actual personal service at the address given, and that the requirement is not satisfied by the defendant/defense counsel agreeing to accept service of a subpoena at that address. The case is Meza v. Portfolio Recovery Associates http://www.courts.ca.gov/opinions/documents/S242799.PDF
  5. Sorry I have been AWOL lately. I won't bore you with the details. Lack of service is an excellent ground to seek relief from default. It is possible, but hard, to do it yourself. I would really recommend that you speak with an attorney like Ian Chowdhury (http://www.californiacollectiondefense.com/), to see if you could retain him at least for the purpose of getting the default set aside.
  6. I don't see anything about a settlement conference. Maybe Plaintiff messed up. But you have to go anyway for the trial readiness conference so that rule of court is good to know. You should check out the form they want you to fill out and post any questions you may have.
  7. On the front of their Statement, they list November 9 at 9:30 in Dept C-66 as the date, time, and Dept of the Settlement Conference. So THEY think there is one scheduled on that date. In the local rules for trial readiness conference, do they say that there will be a settlement conference? In any event, you should attend. If you want to do a brief statement of your own, you should point out that ALL issues are disputed. THey say "none" but when you file a general denial, that puts everything in the complaint at issue. And you dispute the assignment and the amount owed.
  8. On the front page of the Mandatory Settlement Conference Statement, did they list a date, time and Dept??
  9. Check the online docket to see if the Court has calendared a settlement conference. You should also check the local rules to see if the Court sets one in EVERY case. Also, did plaintiff list a date, time, and Dept on the caption page?
  10. So happy for you. And so amazed that a Hospital would not be aware of the leading California case on this issue. Maybe I am naïve. Maybe they wanted to see if you knew the law. If so, shame on them. Again, nice going!
  11. Responding to your post as well. A BOP entitles you to "a copy of the account". I usually ask for the assignment and any contract as well. I don't want to say this on the forum, but we are not entitled to the assignment or contract under CCP 454. JDBs either don't know the rule or haven't read it in a long time and usually give us the assignment and contract too. But I wouldn't ask for more than that. If you want further documents, we can do an RFP later. Send the original signed BOP to plaintiff. The correct way to do it is to send a proof to plaintiff all filled out but unsigned (you are supposed to sign it AFTER you have sealed the envelope and mailed it). I will tell you, however, that no one does it correctly. THey send a copy of the signed proof instead.
  12. Let's hereby change our BOP to read as follows: "...setting forth the items and details of the account on which plaintiff's complaint is based..." No need to flag any cause of action that permits a BOP. Just makes it easier for them to object.
  13. As to dismissed or stayed, I think staying it is contemplated by CCP § 1281.4. If Plaintiff doesn't respond by the time of the hearing, tell the court that you sent it to plaintiff on ____ for approval as to form and have not heard back. The Judge will probably ask you to do it again.