valorman

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About valorman

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  1. its been few days i did not post here because of my frustration and lost on this case.I fall in to a very deep clunchy hand sorrow looking at the negative side of justice.Here is what happened. as posted before this post Same day on may 9 i received call at my residence from jdb attorney saying we have adjourned the date and you don't have to go to court tomorrow.From my work i left like 3:30 in the morning and go to court with just one 2nd summary judgment reply papers and very surprisingly i saw the jdb attorney at mediation. The nasty jdb attorney tricked me with the court adjournment and calling my home for the same. Mediation was not successful and i was told to go to court room for a summary judgment hearing. At the summary judgment hearing i was looking at the JBD attorney and the way they were greeted by court attendant and the judge secretory.I was expecting judge will deny the summary judgment as he did before for not completing the discovery.I was surprised again when he ask the JDB attorney to present there case and she did.At my turn I present my case and each evidence they presented i discussed.Judge POINTED OUT THAT FIRST SUMMARY JUDGMENT WAS DENIED BECAUSE OF NONE COMPLETION OF DISCOVERY AND ON HIS RULING WHY I DID NOT FILE A MOTION TO DISMISS? (some where in this thread i mentioned that). well finally The Judge looked at the JDB attorney and said HE IS NOT GOING TO LET IT GO SO I AM DENYING THE SECOND SUMMARY JUDGMENT. Judge go to his chamber and after 10 minutes he came out and announced the decision by saying that HEARING BOTH SIDES AND EVIDENCE SHOWN BY THE JDB AND OBJECTIONS MADE FOR HEAR SAY EXCEPTIONS BY DEFENDANT COURT DENY THE SUMMARY JUDGMENT LETS HEAR THE TRIAL. I Was completely shocked when judge right after 5 minutes announced the trial same day.I had no papers I was not ready I was told it will be mediation and the trial has been adjourned.Neither I knew the trial procedure. Judge without asking any further ask the Jdb attorney to proceed. she presented the same papers which were rejected for ruling at summary judgment hearing hearsay hand then she said I have a witness THAT WAS ANOTHER SHOCK for me.I never knew there was a witness and who it was.Before the witness testify .I object the testimony of the witness,credibility of the witness,and appearance of the witness.The judge allow the testimony by saying WHY I DID NOT ASK FOR THE LIST OF WITNESS.I again said judge witness is from the JDB Not even from the original entity Neither the Affiant mentioned in the process is the witness.Judge told the Jdb attorney to continue. After 5 minutes they finish and judge ask me to cross examine the witness.I had no proper work .So what can I cross examine? I tried.The witness was from Jdb And pretending as the original entity language. I ask so much about contract,making of contract.even though the witness denied having knowledge of the contractual issues.The judge ask the Jdb Attorney any arguments or statements she said No The the judge ask me any statements or arguments I again repeated all the issues with the complaint and I noticed that judge is not even listening JDB attorneys were smiling with court secretory.Finally the judge go to the chamber and came back after one minute and announced the verdict appreciating the knowledge and testimony of the witness and then said . AFTER HEARING THE TESTIMONY AND EVIDENCE SUBMITTED COURT ORDER THE JUDGMENT AGAINST DEFENDANT
  2. As i posted before JDBs first judgement was denied because on uncomplete discovery and they had filed 2nd summary judgement and court date was set for 05-10-2010.I Had filed opposition to 2nd summary judgement claiming Res Judicata and other response as Leagleeagle advised .In the process they never responded my requests for interrogatories and admission neither they file any response to my opposition. Four days ago i received a letter from Jdb Attorney "saying due to the request for discovery taking longer from our preceders we are asking the court to adjourn the court date and your cooperation in this matter is appreciated". Today at 3:30 i received the call from court clerk saying you have a court date tomorrow.I asked the court clerk what happened to the JDBS adjournment of date.she said there is none in the record and if you did not appear they will win by default.there will be a mediation tomorrow. I dont know the court procedure about this mediation and what can happen in the court tomorrow.Some one guide me to line of action please. I am really scared to loose.I was relaxed because of JDB court adjourned letter and had scheduled my work now immediately i took a day off.Don't know how i can respond to this mediation process. I need some quick help Please.Still there is no order for the second summary judgement yet it pending.
  3. WELL said i am going to file this with supplemental as i have received some other crap from JDB.
  4. LEGALEAGLE in a different post you wrote: There would have to be some evidence that the attorney who filed the suit knew it had no merit but filed it anyway. It could be res judicata, out of the statute of limitations, etc. This is usually referred to as abuse of process or vexatious litigation. same case here when the judge denied the first summary judgement of JDB they filed 2nd one after 5 days without any improvement in the case.You asked me to use res judicata and i included that on my objection.Can you please explain me how can i ask and submit with the court to incurs the fees or more?.
  5. Can some one put a link or a lay out for an affidavit to file in opposition to summary judgment .In some post here i read about it but now i cant find it.Looking at my situation i have to file my own affidavit against JDB affiants.so advise me a lay out please
  6. Now look at these Jdb jokers reply to the interrogatories and admissions.I received a package today "plaintiff is completing the discovery by sending the requested admissions". On the header it say I AM THE FINANCIAL SECRETORY AT JDB OFFICE AND MAKING THESE ADMISSIONS AVAILABLE AS REQUESTED. here in the middle requested admissions were answered certification will follow Now what kind of response is this? admission were sent to the affiant in this case by name who submitted and signed bill of sale,business records.here some one new jumped in. is it a trick or joke?.
  7. how do i address the court for sanctions?can you please post some info or a link to a case?
  8. You are not alone in this situation.your sorrows and sadness is the same shared with most of the home owners in this situation.Days become hard to work and nights become nightmares in the fear of coming future.Banks do not care and there is no modifications coming its just a scam.They don't care if you were paying the mortgage for last many many years and now the economy ,lack of jobs,got you in a position when you need some relief for few years to be back on the saddle.In a time of so called booming economy people bought their dream home furnish them paid the mortgages and now when they have families and kid growing they have to get out leaving all behind. Just get intact with your family and hope for good future.
  9. AS I Have explained my situation in the earlier post that the summary judgement was DENIED. TODAY i have received another summary judgement proceeding from jdb.This is the second summary judgement they have requested .I need serious help to plan this case.All the documents they have submitted are the same .advice me to plan the opposition and how should i proceed to finish this case :confused::confused::confused::confused:
  10. As I had already posted the Plaintiffs request for summary judgement has been denied.Judge wrote the reason uncompleted ongoing discovery and also wrote if plaintiff failed to complete the discovery on time defendant can file a formal motion to dismiss the complaint. I had sent them (1) request for production of documents(2) interrogatories and admissions.They sent me few documents as i listed before but they never sent me back interrogatories and admissions(reason for summary judgement denial). Today I have received another package from Plaintiff saying they are completing the process of discovery by sending me the documents and advising the court that the discovery has been completed.They again sent me same documents i requested as per request for production of documents. They haven't sent me interrogatories and admissions and they are saying we have satisfied the discovery process. I didn't send the reminder as legaleagle advised me and sit back.I have found my mistake Nj civil procedure say i can only send 5 interrogatories and i had sent them 11 but admission are OK.when legaleagle mentions in his post i checked the papers and procedure and i found i have messed up on intrrogatories. The trial date is set for 05 22 and i need help and advice on what i have messed up.I know the evidence they have they can not win but because of my lack of knowledge and following procedure i might loose and i need help to proceed with the court so i have some thing in my side on the day of trial
  11. I was wondering how to know if alone CACH LLC AND MIDLAND has how many litigations going on alone in the state of Nj and how many bill of sale and certifications they have crafted under oath from their vice presidents.If they have just 50 cases going on these scum bags have created 50 fake vice presidents. So if you are sued by CaCH LLC and they have submitted a bill of sale,assignment and affidavit can you please just post the name of the person and position who signed these in your case.
  12. I am not saying to send them another set of interrogatories but a reminder for already ongoing admissions and interrogatories which they they have not responded yet and the judge ruled that if they did not respond to per r6:4-3 i can file a formal motion to dismiss plaintiffs complaint.if i sit quit how can the case be dismissed?.Are you suggesting to file a summary judgement against them?. I will really appreciate if you guide me at this ending point.My work habits are really disturbed cause of this getting confused very often.
  13. I am going to send the other party a reminder to respond to my interrogatories and admission.They were sent those papers on Feb 9th so its about50 days passed by.Judge set up a hearing date for may 22nd.They have to complete the discovery 60 days.So after ten days i can file a motion to dismiss the complaint?. As there motion for summary judgement is denied what possibly be their next step.Or is it sensible if i file a motion for summary judgement?.I have no idea i am just waiting to see what they throw next on me.
  14. does it mean judge is saying get out of my court and both parties bark out side?
  15. I am totally confused.if the discovery is by the order of the court then my motion to compel discovery was denied by the same judge and here the summary judgment was denied because plaintiff did not provide interrogatories and admissions. so what is both denials.