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ficofightr last won the day on December 8 2009

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  1. For limited civil cases, the other side doesn't file CMC statement and just shows up. The only real purpose for CMC for most collection cases is to identify any discovery issues and set the trial date. Just propound discovery before your next CMC date and hopefully they don't respond and you can follow CA rules and send them letter giving them last chance and then you can decide whether you want to file motion to compel or just wait it out. When you get to your next CMC in April, request soonest trial date available. MB is in trouble and if you can get to trial as soon as possible I think MB w
  2. CACH may have some turnover lately as well as a few other JDB's so that disorganization can work in your favor.
  3. One thing I've noticed observing my local courthouse in my research is a lot of OC lawsuits are done by declaration. If your state allows them to make a declaration in lieu of live testimony, you need to make sure you send the appropriate demand that the declarant show up in court. Often times they don't show and dismiss because it's not worth a long plane flight. Another way to win is to NOT force the OC to produce documents. I know there are lots of aggressive tactics recommended here to compel opponent to produce documents, but I have seen against OC's that doesn't work as well because n
  4. But for any hearings that are pending, I have seen 3 now that Mann-Bracken attorney did not show. They may eventually recover but any pending litigation you have a huge advantage now if you can force them to send someone to court and they don't show up. I personally witnesses 2 cases and heard about another from a collection attorney I talked to in the lobby who was an attorney for Cap One.
  5. If you have any merit in filing a noticed motion that will get your case dismissed... even something like motion to compel discovery if they haven't answered yet, then do it b/c MB attorney won't show up and you'll likely have the case dismissed at the motion hearing.
  6. I've confirmed this in court last week by talking to two collection attorneys (the bad guys). Apparently, some rent-a-lawyers are not getting paid either. This one guy had a case where he admitted to everything and was representing himself and about to get killed by the Mann-Bracken attorney did not show up and it got dismissed.
  7. Yeah your first filing you pay a fee $200 now, sucks. But you can get a fee waiver if you qualify. After that, you only pay fee for motions that require a hearing. You don't pay any extra for submitting your proof of service, case management statement, trial briefs, motion in limine, for example.
  8. Wait a sec... backup a step. How many days do you have before trial? You can still serve a demand to appear perhaps?
  9. CCP 98 sounds like it's very clear what is allowed or not, but I've seen different judges allow or exclude these declarations for a variety of reasons that aren't the letter of the law. Here's what I would do - calawyer may have a different approach. 1. File Motion in Limine to Exclude the Declaration in Lieu of Live Testimony and cite the 150-mile statute. You can state in there that there is a handwritten address in the declaration but that address belongs to ABC business. Further, you can do some of your own investigation and attempt to call that person if the number is listed or do a rev
  10. PM me with your email I can help you with the CM110 form. I've filed a few of these in CA. It's really just for facilitating discovery and trial setting issues. They want you to "talk" a lot hoping for settlement. For your trial time estimate it's whatever you think it will go. This is so they can schedule cases. If it's bench trial short cause limited civil case it will usually go 15-mins if only Plaintiff has witness. Some Plaintiffs say "1 hour" but it rarely goes that long.
  11. It's hard to win on those service errors because the service processor will just say something like: "I knocked on the door, this man matching that description answered the door, I said 'are you Mr. Defendant' and he answered in the affirmative." They'll get away with stuff like that all the time. To win suit against them you'll typically want something easier to prove/enforce like FDCPA violations.
  12. Start a new thread. Look at the template on what info we need to help you. Don't agree to anything and if they keep calling you you can send them a C&D or say that "this is your work # and you are not allowed to receive calls at this number" unless it's obvious it's your home #. Make them send everything to you in writing. Send a DV at this point. They are still a couple months out from actually filing a lawsuit against you, if they do at all. Sometimes if you send DV notice the just sell th eaccount to someone else since they know you will fight.
  13. What did the proof of service of the summons say? If you swear you were never served that's usually enough to get it vacated as courts like cases to be proven on the merits. However, check who the process server is. I've seen cases where if the process server was a Sheriff, the judge would give the Sheriff the benefit of the doubt. Also check with the proof of service says. Did they attempt service multiple times and you weren't home and they documented it? What you can show is the process server information is not reliable because you were home on the days they said you weren't. Or your
  14. This is an account stated so best case is if they list multiple causes of action the judge will strike just the causes of action that are not 'account stated'. If they only have one cause of action in there and it's as you quoted, it's account stated and BoP doesn't apply. Do they list separate counts in the complaint? Sometimes they will plead breach of contract as first count and account stated as second count. Also, did they allege an account stated between the original creditor and you, or between the Plaintiff and you? This makes a difference in how they plan to prove it and how you fi
  15. The only way you can exclude it now is if the declaration is faulty. 1. Did they serve it to you 30-days or longer before trial? If less than 30-days it doesn't count. 2. Did the declarant swear under penalty of perjury? 3. Is the address in the delcaration within 150 miles of the courthouse? The only other thing you could do if it's a legit CCP 98 Declaration is request continuation and that the witness is show up at trial. You can try the judge will often give you benefit of the doubt being self-represented, but it's up to the judge's discretion at that point. Finally, consider whether the