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About debt_prose

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    orange county, CA
  1. Thanks so much for your responses. You guys are a great bunch... Yes they did file a false CCP 98 declaration, where the entire document pertains to a totally different defendant & account except the rest of credit card statements have my name on. Of course, I will object to this w/ a MIL embedded in my trial brief and move to dismiss with prejudice... which is difficult to do as most cases are dismissed w/o prejudice unless I can find a case law as precedence. Also, there was no "issue conferences" scheduled.
  2. I'm in the process of preparing for a trial brief for my trial against JDB and/or OC in 10 days. Just want to know if anyone can help w/ a specific trial brief regarding account stated. Also, do I need to serve trial brief to P's attorney or just filing w/ the court 10 days before trial is sufficient?
  3. Relax, I did not mean to hi jack the thread... just that she just went through trial so I want to pose the question (yes/no) because of a time crunch, that's all. But I will post a new thread as you suggested.
  4. I am about to go thru trial in 10 days... great work! congrats on a well deserved win & give the rest of us down in the trenches some hope. Now, I'm about to file my "trial brief" 10 days before trial here in southern CA. Any of you guys know if I need to serve plaintiff too, or just filing trial brief w/ the court is sufficient? thanks much
  5. Nope, this is CapOne. Thanks for your quick response 1stStep! So I will continue w/ CCP96, prepare to attack CCP98 filing by P's attorney, and wait for my motion hearing on BOP... sound like a plan?
  6. The original complaint was from an OC alleging certain breach of contract on account stated. P's attorney had affidavit of able & willing to testify to the facts. No credit card statements, agreements, etc. attached whatsoever to the original complaints, no discovery response at all, no response to BOP request per CCP 454, motion hearing to compel BOP coming up 1 wk before trial, P withdrew motion to amend complaint right after I filed motion hearing for BOP... so here's my next move (please feel free to opine): 1. send CCP 96 to flush out any evidence or witness that P plans on introduce
  7. Similar situation I'm in right now, except I just filed Opposition to P's motion for leave to amend complaint (after which P's request to withdraw their motion/hearing for amended complaint). I also filed motion to compel BOP w/ hearing coming up... You just have to break it down and attack piece by piece, pay attention to filing deadlines though (eg. Oppostion motion must be filed at least 9 days before hearing of amended complaint motion)
  8. "Represent Yourself in Court..." by Paul Bergman/Nolo is really good. I'm reading this right now in preparation for trial.
  9. Right on 1stStep, yes there was a subsitution of counsel filed along w/ motion for leave to amend complaint... however motion withdrawn, but subsitution of counsel still stands - please elaborate!
  10. Plaintiff's attorney had affidavit attached to summons that he would & could testify as a witness to the matter. Recently, P filed motion to amend complaint but then withdrew motion last minute (is this a sign of quiting?) Trial is 30 days away, should I subpoena plaintiff's attorney to testify at trial or just let it play out...
  11. i think you can ask the judge to grant "judgment in installments" so you can work out a payment plan w/ the scumbags
  12. you definitely should show up in court and ask for continuance (so that you'll have more time to respond/deny their RFA, etc) - pleading that you never received their RFA. They probably will try to show proof that they did serve you RFA, etc. p.s. this is my 2 cents opinion...
  13. From what i understand in California, they won't even bother to answer BOP since they (OC & not JDB) sue you on "account stated" and TILA (Truth In Lending Act)... your thoughts? Anyhow, big congrats to jewel1325 on job well done w/ MIL
  14. thanks, i already did that - BOP request pending 10 days. btw, thanks for your posts about how to fight "account stated"... very helpful.
  15. So after plaintiff (OC) learned about me being serious about fighting back, they requested a court hearing to allow them to amend their complaints, which include bunch of unauthenticated cc statements (though no cc agreements). I have requested discovery w/ no plaintiff's response whatsoever (including my request for admissions unanswered) So what's next for me... show up at hearing & object to plaintiff's filing of amended complaint (of course), tell the judge that plaintiff had a chance to respond to discovery/request for admission but DID NOT & therefore causing unnecessary court de