CaseDismissed

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CaseDismissed last won the day on January 12 2015

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    Long Beach, CA
  1. To All that answered this post--Thank you very much! I will have this taken care of by the end of this month. A lot of family stuff going on and I could not get back on till now. Thank you Again!
  2. No matter what I have tried, the clipboard will not allow me to copy my topic here without retyping it completely. Below someone was kind enough to paste what I wrote into their reply !! Or Please see attachment. Thank you very much. California Debt Collection Case Dismissed w.docx
  3. After sending me a settlement agreement for the same offer which I declined because the agreement would not have allowed for costs, I showed for court and Plaintiff stated they will dismiss with prejudice regardless--the exact same offer I would have had. I didn't have to sign a deal with the devil. But I am still in the court room as we speak. One court personnel said it wasn't dismissed yet--even though the lawyer went up to another court worker and stated he is dismissing the case. I will NOT be leavng the courtroom until this case is dismissed in front of the judge. 9:11 a.m. It's Done. They dismissed with predjudice in front of Judge !! Woo Hoo!
  4. After sending me a settlement agreement for the same offer which I declined because the agreement would not have allowed for costs, I showed for court and Plaintiff asked to Dismiss with prejudice--the exact same offer I would have had. I didn't have to sign a deal with the devil.
  5. Update: They emailed me the first page and I never signed the deal or got back to their paralegal. F them. I'm so over this case. These JDBs are so revolting. I am ready for War on Monday. The reason it shouldn't be signed is it's a deal with a parasite. It's a deal with the Devil essentially. I make no promises to pieces of garbage. These parasites--buy the debt for little money, they pull all their bad, faulty procedures out and get away with all sorts of nonsense--just because people don't know the law. They took up 2 years of my life when I had important other things to be handling. The relief of knowing that this will soon be over one way or another--shows me just how much of a burden this lawsuit was. Getting my court costs back--doesn't begin to cover what they expended from me with this fraudulent lawsuit. I can tell you this--whoever is reading. Whatever lawyer shows up is going to have their hands full and will be berated and emotionally battered in and outside of the courtroom. Until then.
  6. I have never been offered a settlement for a debt lawsuit against me. I will ask for the missing page and read it, because I think it is probably an oversight on their part as that is all they do all day long—robo-sign this garbage and mass produce these correspondences left and right, so I am assuming they probably forgot to attach the first page. I’m not worried about that so much. However, should I just say pay my Memorandum of Costs and I'll sign it, or should I just show up in 3 days to trial and take a chance? Trial is always a chance right? I feel unsettled about signing an “agreement” with the JDB, it’s like signing a deal with the devil—it makes me feel very uneasy and actually would go against my moral compass. It would feel unclean. Plus, I want my money back that I was forced to spend fighting their B.S Case against me! But don’t I have to go through the trial to get that money back via a judgment if they don’t come and dismiss it firsthand? I had to go to trial with a previous case and got it dismissed on my own and then owed nothing to the Plaintiff in terms of an "agreement", but I didn’t get my costs back, because I was the one that motioned for the dismissal. How can I get my memorandum of costs without going through the whole trial? I think they are untrustable, no matter what they say and I’m not a lawyer—this is an agreement I can be filed against for if I break which I guess I am doing just by talking about it. BTW: this agreement is all about not being able to sue them in the future or any of their officers etc. and waiving California Civil Code 1542 and I can’t sue under the Fair Debt Collection Practices Act. Rosenthal the Fair Debt Collection Practices Act etc.. It's all protection for them. It's a joke. Strangely, I never sent them my MIL or the Trial brief to initiate this, which is why I am surprised it was offered to me. I have heard other people on the forum getting such offers with much more efforting than I did. I think this lawsuit was purported from a legitimate Citibank credit card account which was disposed of by Citibank in 2013, and that UNIFUND NEVER actually owned it. Thank you to all that respond. Your feeback helps a lot.
  7. I was prepared to go to trial in 3 days and today by courier, I received a letter of settlement that the entire case will be dropped against me via filing a dismissal of the entire action with prejudice from the Plaintiff IF I SIGN their AGREEMENT. I am NOT a lawyer, and I don't want to sign a document they gave me when I can't be sure what it holds me or them to. For one, a whole page is missing from the agreement. Section 1 & 2 are not there and it skips immediately to # 3. Also, I see at a quick glance that I will have to eat the $ 700.00 I spent fighting this case and it was a lot of stress throughout the year. I want my court fees returned to me at a minimum, but if I sign this I get no memorandum of costs and bottom line, I just don't trust these people. I have no plans to do anything with this further, but I do not feel I can sign a "settlement" with these Pieces of trash. They HAVE admitted that their witness cannot show up at trial and that this is why they will dismiss the case, but I want my court fees nonetheless and taking their word that they will dismiss if I sign this paper is NOT something I trust. I’m probably overreacting, but it’s the truth. Signing this not knowing what it all really holds me to and trusting this JDB makes me way more scared than going to court against them. That doesn’t scare me at all this point, because I know they have no case My case is on Monday--tomorrow is Thursday. So I have to decide by tomorrow. I can fax this settlement back to them or email it back. I'd like to upload it so it can be viewed, but if I do, then that breaks the agreement option for me. Basically, I'd like to forget this letter, show up at trial, get them to dismiss it there and be able to file my memorandum of costs, case done with no agreement between them and I of any kind-- and then just move on. They can never sue me again now anyway--because this purported debt is over 4 years old. Any advice/feedback would be much appreciated. Thank you!
  8. LOL-Anon Amos and Sedragon. Yes this was my freak-out--thank you very much. I received my CCP 96 Answer today it stated witnesses as: 1. Me 2. Most Knowledgeable UNIFUND repersentinve address in OHIO given 3. Most Knowledgeable Citibank person--address in North Dakota. Really surprised they would not list the CCP 98 witness Douglas Hallock who did the declaration in lieu of Trial. I sent a CCP 1987 ( to him as he had listed the lawyers as the address he was at and that only works for CCP 1987 witnesses. I can still subpoena him, but when he is not listed on the CCP 96, what is that about? Any thoughts? Do I have to object to them being able to call anyone at trial they want and not naming people so I can research them? I planned to do my MIL to get rid of the CCP 98 and all its contents as soon as I received the CCP 96 answer, but I am taken aback a bit that they would write what they did and not even include the CCP 98 witness Doug Hallock. I plan to object at trial, yet is it necessary to object in writing and file it with the court? I feel that the CCP 96 is a joke that won't fly with my objection in court--or will it? Evidence- Susie DeSha-affidavit from Citibank Pilots Receivable Assignment to UNIFUND Bill of Sale to Pilots Receivable form Citibank Credit Card statements Any thoughts to chime in please do. Thank you to everyone who answered my questions. I believe I will be able to win this case and I couldn’t have done it without the help that is from everyone on this site. Thank you all.
  9. A FEW Last CCP 96 Questions: 1. Must I list the Plaintiff’s CCP 98 in lieu of Testimony witness as a witness I intend to call on my CCP 96 answer? 2. I cannot find clarification for what I DON’T have to list on the CCP 96 answer to the JDB —, but have heard that everything from the discovery process does NOT have to be reiterated or included. Is this true? For example, I plan to use all the discovery documents they sent and I sent, plus all the faxes back and forth and signature of receipt cards, etc. They should have ALL that info already. I do not want to spend the money re-sending $ 60.00 worth of copies to the Plaintiff? Can anyone clarify if I have to, because it appears that I am mandated to list everything I intend to use(and provide copies if available) and so what was the purpose of Discovery then if I have to list/send everything again? 3. How many days before trial does a CCP 96 response need to be answered? I know it says 20 days from the date received I need to send my response, but that leaves only a few days away from trial and what I do at trial depends on what they send in their CCP 96 answer. It seems to give very little time to prep when I need to have the Trial brief and MIL completed in a reasonable time. 4. I sent my CCP 96 request to the Plaintiff on December 10, 2014 and have proof that it was received (got a return receipt signature card) right at the 30 day mark for it to be served. But it was mailed—and the stipulation states allow for 5 days extra with mailing. I have a feeling—(as they have done to me during discovery) that they will state that they either never received the request, or received the request too late. If I have proof that they received it and signed for it right at the 30 day mark—does that trump the “allow 5 extra days for mail” mandate? Yes or No. 5. I plan to bring all the photo copies of the same documents like mine all over the web that show the exact same signature and same document that was given to me as proof my account was bought yet it is the same document given to countless others (signed by Patricia Hall)—and it is fake as far as I am concerned . I will also be taking pictures of where I was told to serve the CCP 98 witness. All of this I feel falls under impeachment because it proves that this is a fraudulent lawsuit—so do I have to list these docs and provide them in my CCP 96 answer? Just very confused about the CCP 96 still. I see comments on this forum that allude to answering a CCP 96 as being easy, but to me it appears to be very tedious, because the way I am understanding the code is that if I don’t list every little thing I plan to bring to court and to use in court, then it will NOT BE allowed to be used in court. Can anyone set the record straight? Please advise. Thanks very much.
  10. Question 3: I'm not saying it should be attempted but... Can I skip drawing up the Motion In Limine to not allow the contents of the CCP 98 prior to trial and just go to court and Motion For it Verbally? Or the same thing for a trial brief--meaning I make my citation notes and know everything I need to know top to bottom and just go in and argue my case verbally. I'm not saying it is the best way, but can it be done? I think it would be allowed and that there are no rules against that type of "wing it" defense. I see great Motion In Limines and Trial Briefs on the forum. Many of them include the exact same arguments. The MIL seems as thorough as a trial brief and almost entirely similar, as each is a reiteration of the other. I am considering writing only one of them and if so it would be the trial brief I suppose. Can anyone confirm if a person can show up in person on the trial date and Motion In Limine verbally ( for example to: to exclude a CCP 98, the BOP etc.) I believe a person can show up to court and Motion In Limine in person . I have very limited time to do what I need to do on my case which is January 12, 2015 and I am weighing my options. I am trying to win this case with the least time expended. Between my brand new job, a very serious family member's illness and the holidays, I don't see how I can be as thorough as most of the people in this forum before my trial date regarding trial preparation via multiple court filings for MILs, Trial Briefs etc.. It's my fault I didn't anticipate that I needed to be more ready/prepared to fight my case with the JDB. I know the JDB doesn't have standing. I know their CCP 98 is faulty. To me the CCP98 should be the end of the case as it does not meet the requirements to be admitted as evidence and cannot be submitted for a variety of reasons and I know I can verbally argue that competently given what I have learned on this site. I feel this type of case is straight forward, because the case is very flawed. Are there any thoughts as to this can be pulled off if time and family obligations do not permit me to prepare a case in writing as is customary and instead I am forced to verbally go into court and kick butt that way. What would Be the bare minimum I would have to oblige in order to pull off a successful "wing it" defense. I do know I would have to mandate that the CCP 98 witness show up at court for starters. This would be crucial in winning the case. Any thoughts about ability to win considering the above limitations would be appreciated. In other words if you were me and you had to win your case, but you were seriously pressed for prep time to do so, what would you do--if you had to pick and choose? Thanks,
  11. Question 2: CCP 1987(b Vs. Subpeona Question-- What is the difference between using the CCP 1987 (b Notice To Appear to get a CCP 98 declarant to court or a subpoena? 3 year sago I won a case against an OC by sending a CCP 1987-b to their affiant at the lawyer's office. I sent it in care of Moore Law Group per their instructions. When I got to court--no witness showed, MLG asked for a continuance, I objected and said I want a dismissal and that I couldn't cross examine a piece of paper. The judge said the CCP 98 was faulty and he dismissed the case. I was going to do that with this case yet there are several comments and opinions throughout the forums that prefer a subpoena to be chosen over a CCP 1987-b and I'd like to know why it is recommend and what the difference is. There are way more experienced people on here than me and I admit I was going to use what worked for me in my first case, but can anyone tell me how that could backfire on me? I do not understand why or how the subpoena trumps the CCP 1987-b. How can it not be upheld in court? To me, the JDB suing me has willfully stated to serve their declarant at their law offices, which I know is not the business or home address of the affiant--let alone does Unifund's employee live within 150 miles of the courthouse. But why can't I send the CCP 1987(b? Seadragon warned above that he lost with a CCP 1987-b--which is horrible.. But how is that possible? Can anyone post an explanation or link to the answer of how a CCP 1987-b could be disregarded in court and why I must subpoena the witness instead? To me in this particular case, I don't get the difference between using one of the other. Isn't it the same things in the case of getting someone to show for court or get their testimony thrown out? And if not, why did it work for me in my previous case? Thanks for answering.
  12. Question 1: CCP 96 Question and Clarification--Very important! 2 questions: First; It appears I need the CCP 96 Answer from the Plaintiff before I file a MIL or prepare my Trial Brief, so I know what is up. Is that the proper order ? Second--The CCP 96 regards a statement that anything to be used for impeachment be it a witness or evidence need not be listed in a CCP response. But what constitutes falling under impeachment ? This whole case is about impeachment to me. The JDB are liars and have no standing. So can anyone clarify what impeachment allows me NOT to tell in the CCP 96 Response? Can I skip telling them I'll call their CCP 98 to court? I hope so, because I plan to use his testimony to kill the case and I don't want to give them a heads up to my strategy that they are not expecting to occur. Also, there is so much to state--how detailed do I have to be. I plan to use all of theirs and my entire discovery process, but do I have to describe all of that I just want to say all of the discovery correspondences between defendant and plaintiff. Can I say refer to all of discovery correspondences, or do I have to recopy every document and send it to them again? And after reading the CCP 96, I feel like I have to warn them of everything I plan to bring up or else I can't bring it up in court? Is this true? I mean if I want to walk in with my credit reports and show Unifund that the Citibank card they state I had is NOT on my credit report, I should be able to do so without giving them my financials ahead of time in the CCP 96. Why? Because I consider a credit report to be able to impeach their assertions as well. What am I missing here. Am I making it too complicated. I just don't see how I can talk about anything and everything I want--meaning whatever it takes to win on the date in question, UNLESS I tell them I am going to talk about it and that denies me of the element of surprise. Can anyone on here define the fine line I am walking. Thanks. Lastly, can I say I will call people as a witness and then not call them--because I changed my mind. Do I have to do what I say I will do like call witnesses from my CCP 96 list when I no longer want to use that strategy or if I decided I was going to bring a credit report and then decided that strategy was a bad idea on the trial date and wanted to show up and say nope, don't have it--could I do that or would the Plaintiff, say nope--give us your credit report because you said you were using it as evidence? Please advise and clarify.
  13. I am reading what is on the LA County Superior court website for local rules, but it's not clear how many days I have to do what. I am reading limited civil--and it all seems vague. My case is out of the Norwalk Court with Judge Halm--Department SEY. I have no idea what calendar I am on for one--direct or master and this is not clear like the court rules I followed when I had a case in Long Beach 3 years ago. I'm wasting more time trying to find out what the time cut off is, than preparing my case. Any feedback--knowledge would be appreciated--by anyone on our forum. Thanks. If anyone knows the exact section I may refer to regarding the timeline of Norwalk LA County' submission's--could you please communicate/link it here? I want to know the last day I can file a MIL and a trial brief. Thank You
  14. I'm sending a CCP 1987 ( on 12/23/14 to Doug Hallock (Authorized Unifund Representative) at the local address. 145 S. Fairfax ave # 400, Los Angeles, Ca. I will look to get his CCP 98 thrown out when the witness does not show—which I hope he would not. But I don't know if I can pull off the trial brief and other documents I may need at this late date. I haven’t studied up on them and given the time it is a concern to me. I am hoping if not, that I can go in and argue what I would have placed into trial brief. I see great stuff on this site and I really shouldn’t have waited till the last second, but the time factor is of concern to me. I’ll be spending all weekend studying on here though—nonetheless. I stayed up till 4:30 a.m. this morning looking up stuff and I will literally only pull this off if I lift most of the trial brief arguments etc. from other’s people’s cases. So anyone who has sample trial briefs in a word doc, please point me to them as a reference, if they are on this site. Thank you to all who read this and offer their support.