xavi72

Members
  • Content Count

    229
  • Joined

  • Last visited

Community Reputation

21 Excellent

About xavi72

  • Rank
    Impressive 100+ postings

Profile Fields

  • Location
    California

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. It was Moore Law Group in Santa Ana and they did produce a witness. The problem was that she wasn't grilled by my attorney so evidenced was accepted.
  2. The next law firm came in better prepared and had a response to any letter, discovery request, motion I filed on them. They pretty much fought me tooth and nail all the way. Went to trial and lost so I had judgement against me. Honestly, I got cold feet at the end and decided to pull the trigger in getting an attorney to represent me. Biggest mistake ever in this whole process. It's like a set up the whole stage for this attorney with arguments, trial cases but he did not go to battle for me. He even suggested for me not to go to court on the day of the trial because I could of been pulled in to testify as a witness. Not sure how much truth there was in this but the good news is that I still negotiated with them and knocked couple thousand from the original judgement amount. I'm finally done with that nightmare.
  3. H&H have the tendency to dismiss close to trial date if they have been tested by procedures/notices, etc. Hope your SOL runs out soon because the likelihood of getting sued within a year is up there. It happened to me but with a different law firm and this time around, it didn't go as well.
  4. I'm not sure if they have these tape/audio recordings in California. I've searched the court's website but couldn't seem to find anything about them at this time.
  5. Thanks for you kind sentiment. I have considered appealing but since I wasn't at the trial, I'm not sure if my attorney objected about the witness being qualified for me to even form an appeal. I'm not sure if these things are recorded for me to find more about what happened at trial.
  6. This is absolutely 100% true! I should of known better when he started asking to really consider settling.
  7. Just wanted to update my situation with my recent case against an OC. I had defended two different cases and was able to defend them successfully because of procedural technicalities. However, on this last trial, things were a bit different with this attorney's firm right since the beginning. The OC's plaintiff responded timely to all my request but I noticed that they never reached out to settle with me like with my other cases. There was a time that I thought they had made an error by not being specific on who they were going to bring as a witness in their response to my CCP 96 request. After sending them a Meet and Confer letter, they replied by being more specific on who was going to be their witness. Surprisingly, they did not play around with sending me any testimony in lieu of a witness. So I knew I had to prepare to discredit the witness. About 2 weeks before trial, I got this sick feeling and decided to pull the trigger and hire an attorney to handle the trial. I think this was my downfall (no offense to any lawyers on this forum). About couple days before trial, my attorney starting asking about settling with them and trying to scare me into agreeing to this. He mentioned that if I lost they would garnish wages or put bank levy and all that good stuff that I already knew. I had already prepared a semi complete trial brief but he said he would not use it since he had not prepared it so that made sense. I didn't want to come off as a know-it-all but I wanted to get more information about how he was going to discredit the witness. In my trial brief, I had all kinds of case law showing how paid testifiers are not appropriate witnesses but he never said he would use that information or not. He had also suggested that I should not go to trial because I could serve as a potential witness if they did not bring a witness or even if the plaintiff's attorney wanted to cross examine me. I went back and forth on this one and at the end, I decided to bite the bullet and not attend. So after trial, the attorney said he managed to dismiss two causes of action but that the judge had let the witness' testimony into evidence and lost on my third cause action (Money Lent). No final decision was made at the end of the trial but that it would be made in a couple of days after. Four days letter, I received my Notice of Ruling in favor of the plaintiff and just today I received a notice of entry of judgement So after more than a year of anticipation and preparation, it all came to this. As you guys can probably guess, my biggest regret was hiring the attorney. Even though I wasn't at trial, I can guarantee that I was better prepared to cross examine the witness and educate the judge with case laws to discredit them. Big lesson learned but at this point, I just think I will waive the white flag and deal with what comes next. The best education about defending credit card lawsuits you get from this great forum. As a matter of fact, the attorney was impressed with all the documents I had submitted to the plaintiff's attorney and even said that they were written better than most of the stuff he has seen from other attorneys. So people that are still on the fence about defending yourself, don't second doubt the information provided in this forum. You're in good hands.
  8. On a trial brief, are defenses to my case written out or is this where I would begin to argue things such as witness qualification and the authenticity of the OC's evidence that was listed on the ccp96? Anyone have any suggestions?
  9. They listed them as exhibits and provided me with copies of statements and card member agreements.
  10. Thanks for your replies. I think it never hurts to be over prepared. Like they say, prepare for the worst and hope for the best is the best course of action to take.
  11. Trial is coming up in couple of weeks. CCP96 was sent and was replied by the plaintiff by providng 5 possible witnesses and copy of statements. After I replied with a letter stating that their vagueness in their response interfered with my preparation for trial, they went ahead and named a specific witness whom was previously named (after the 20 days of my initial request of course). So that's all I have. There is no "declaration in lieu of" or anything. I can't reference any CCP98 cases (e.g. Rocha vs. Target) so what should I contend in my trial briefs? I was thinking about the CC statements they sent since they were not verified but maybe that is why the witness will be at the trial. So this leaves me with not a lot of arguments. Am I correct or is there something I should be bringing up as issues to the judge?
  12. Does any one have an active link or a reference to that new case pointed out by Calawyer?
  13. So CCP96 has a section that states: (d) No additional, amended or late statement is permitted except by written stipulation or unless ordered for good cause on noticed motion. What I'm trying to figure out if this applies to my case. I propounded a CCP96 to plaintiff then plaintiff responded with a list of possible witnesses it may intend to include. I wrote a letter to them indicating that this interfered with my preparation of my case and the address provided wasn't a true address so the plaintiff responded with a Meet and Confer letter indicating that they will intend to bring a witness by the name of Gabel Ruiz and that she could reached at their office. Their M & C letter was well passed the 20 days of my initial CCP96. So my question, is this considered an amended or late statement? If so, do I file an objection or a MIL to argue against this? Any suggestions would be greatly appreciated?
  14. Are you referring to the letter that was sent to them? I've also been trying to find any case law just to kind of prepare for when we have trial regarding the whole "address" thing. CCP 96 only makes reference to include the address where the witness can be served but it's not specific. Is it possible that a judge will accept the address provided by the plaintiff?