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jewel1325 last won the day on July 23 2018

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  1. That was exactly my husband's experience in California! When I filed a motion to compel, the judge appeared disgusted that we would do such a thing. The JDB rent a lawyer NEVER had to say one word during any of our motion hearings that were filed. He just stood there like a bump on a log while the judge berated my husband! It was obvious that the judge felt the burden of proof was on us to prove innocence more than the plaintiff had to prove his alleged claim!
  2. I did the same thing. I actually spent 10 months on the offense for a case that was against my husband. I was able to defeat the plaintiff and keep them on the run with the help on this board. BUT...when it came down to appearing in court, my husband was the one who had to be ready to defend himself (legally), and unfortunately he wasn't up to speed with all of the motions, etc., that I had filed. To make a long story short, he would have won at trial hands down! But, he forget to admit his evidence that I had worked so hard to prepare. That single mistake cost us the whole lawsuit! Bo
  3. In California is a civil judgment enforceable after 30 days? If the judgment debtor files an appeal within the 30 day time period, is the judgment stayed until the appeal decision is rendered? Thanks
  4. Serve discovery on them and see what they have. Ask for names and addresses of the person most knowledgeable or witnesses they intend to use at trial. Ask for evidence, etc. If they JDB uses a declaration or affidavit from an employee of the JDB, it is hearsay. The JDB employee cannot possibly have intimate knowledge of the debt or how it was incurred. Subpoena the witness at trial, in lieu of the declaration and question. They never worked for the OC, so what they say is hearsay!
  5. Find some holes in their allegations. Have you ever disputed the account? Look for issues of material fact that you can raise.
  6. On #7 you will object to it based upon your answer to #7. Its just a good idea to always object, and then state why after the ojection.
  7. I don't understand how the attorney could have first hand knowledge of the debt to sufficiently respond to discovery. You should check into that further. Did they also list the attorneys name as the person completing the discovery? If so, you have a darn good argument as to the validity of their responses.
  8. On #7, be sure to say "Defendant objects" then specify why. It looks good. As far as the 30 day time frame in California, it depends on how you received the documents. First look at the date on the plaintiff's "Proof of Service" page. What date does it contain? Was it mailed to you via regular mail, overnight delivery, etc? To calculate take the date that they claim it was served on the Proof of Service: Regular mail - POS date plus 5 days. (That means they must receive it in 35 days) Overnight mail - POS date plus 2 court days. (Weekends, furlow days, and holidays don't count. Just
  9. may not have arbitration as a last resort. Once you file motions, etc., you could potentially waive your rights to compel arbitration. I was thinking the same thing as you during my ordeal. I learned after my first motion to compel a further BOP that I was not going to be able to back peddle and demand arbitration. Basically you have to weigh your hand (like a poker game) and decide to go with the better hand. A BOP can help you gauge who (plaintiff or defendant) potentially has the better hand. If they hold all the cards....then maybe the wild card - arbitration is an avenue t
  10. Wow...I don't know of any process server that would charge $30. How about a co-worker, friend, or neighbor that is competent to execute the proof of service by CMRRR? All they need to do is complete the form, take it to the post office, and pay for the certified mail delivery. You would only need a process server to subpoena a witness, or documents, for a deposition or trial.
  11. I wish I could tell you that all you need to do is request the BOP...and then relax. Unfortunately that would be false and detrimental. Here is what I did: 1) Request the BOP 2) Get busy preparing discovery 3) Research PACER files 4) Research Alameda Superior Court files 5) Stay up all night on weekends studying for months! 6) PM Calawyer relentlessly for help! 7) Buy books and legal guides to gain knowledge 8) Analyze the opposition and prepare a game plan Most of all....thank God for the people on this board who donate their time (like Calawyer, Flawyer, Rikkivs, Trueq, Chapel Hill, Robi
  12. Keep in mind that a BOP does not count against rule 35. You can still request discovery of the plaintiff, and can ask for "the amount paid for the debt, etc." In fact, I strongly encourage you to Request Admissions from the Plaintiff, Request for Inspection and Production of Documents, and Interrogatories. The BOP has the advantage of letting you know what they do, or do not have. In addition, it can possibly limit the amount of recovery. Request the BOP, and then get busy working on discovery. Hopefully you have already filed your answer, correct?
  13. I added the link below to access the form for your first demand for a bill of particulars. Scroll down to "Demand for Bill of Particulars." You can print it out and check the boxes that you want them to respond to. You can also add anything else like a signed contract, all charges including the dates they were made and items charged, interest and penalty calculations, and all payments to offset the balance due. You definitely want to stipulate that your request is for a complete itemization on how the balance claimed in their lawsuit was derived.
  14. The samples are for a credit card case and any lawsuit where the plaintiff claims that it is on an "Open book account." You will need to tailor the motions to your specific situation. You're on the right track by researching cases on a BOP. That's exactly what I did to glean information in composing my own BOP.
  15. That was definitely my experience...I had to motion the court for a further bill of particulars. Even then it was viewed like a discovery request. Ultimately the judge did preclude the evidence. Although I still feel that it should have been done sooner. In the end the Plaintiff had nearly 10 months to produce a BOP that by statute was due in 10 days.