helpme

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helpme last won the day on August 22 2014

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  1. Hey Credit, Prep your questions for their witness. Look at Homeless or Astmedics for their questions. Review and highlight every piece of document JDB sent you and write why it can't and shouldn't be admissible. Try to focus on their ccp96 (Declaration of their witness) and try to find holes in that document. Hope this helps
  2. Congratulations for having the courage to Fight and stick it out. Not so easy to do.
  3. Hello, To be better served, you should start your own thread. You will get better results than hijacking this thread.
  4. Hello, I would suggest since you are up against an OC to google the case American Express vs Vinhee. The defendant won his case without being present. This was a very interesting case. If you can find this please read it. Hope this helps
  5. Welcome, Everyone on this board has been in your position: Confused, scared and no understanding of legal language but we all have understood enough to win our cases. So to put you at ease and give you some understanding read this article hopefully you will get a better understanding of what type of people you're up against. The article is " Defending Against Junk Debt Buyers" https://drive.google.com/file/d/0B0lfU9YL5kEVOFllcFg2RUk1OWc/edit?usp=sharing which is who you are up against. BTW-After you read that here is the 2014 California Jury Instructions. Look up what you are being sued for, the Common Counts or Cause of Action, this will explain what the plaintiff has to prove to win NOT YOU. Here's the link: http://www.courts.ca.gov/partners/documents/caci_2014_edition.pdf Hope this helps... Helpme
  6. I would still recommend that you verify yourself and not rely on the clerk's response. MIL is known to be given at the threshold of trial but again as string mentioned about submitting "objections" you will still need to verify if you can do this. This info should be on your Courts website either under pre-trial/trial procedures.
  7. They say that they appoint electronic document processing legal services to to accept service of process in this matter on their behalf I would only subpoena the one who signed the Declaration in Lieu of and the location the declarant references in their document. Angel will need to mention that in the Declaration the witness said they can be served at one address but then the Plaintiff midstream changes the address to a different location thereby making it burdensome for the Defendant to make a determination. But hopefully calawyer will chime in.
  8. Ok so your last letter doesn't say it. As a courtesy and so you can show the Courts that you have tried everything within your pro se power to work with the JDB send them a final letter stating that the lawyer wouldn't let you get a word in and this is notice that are asking relieve from the Courts and are filing a MTC but send one out. You don't want them to come back and say you didn't give them notice. Send it out asap as you have already filed or calendared your MTC. Just cover all your bases.
  9. Since they filed a Declaration of Plaintiff in lieu of Personal Service you will need to submit a Motion in LImine (MIL). Check your Court's website and determine how many days before trial you can submit to the Courts and determine how it should be served. You can also subpoena the witness in lieu of the declaration. Get your trial brief going as well. You don't have a lot of time.
  10. When you spoke to the lawyer did you inform him of your intent? As long as you informed the otherside of your intent then that was a final meet and confer. (See California Rules of Court 3.724 Duty to meet and confer.) Just make sure you write down time and date of your conversation.
  11. Hey Crazy, Was your case dismissed w/o prejudice on this day 8/20/2014? or am I missing something. The judge just asked for Plaintiff to give notice and I think the judge meant Notice of Entry order for dismissal but you might want to check your courts in a few days. The JDB in our case didn't file one so we file one on behalf the the JDB and had the Judge sign it and we sent a stamped copy to the JDB. HAHAHAHA!!! Ok I think this was a case you sat and watched?? Yes???? I pm'd you with some info....
  12. Here was my final m&c Defendant writes regarding Plaintiff s failure to respond with respect to the above mentioned issue. Defendant has amicably tried to work with Plaintiff in this matter. Defendant's requests are the bare minimum for Plaintiff to demonstrate or refute his standing in this litigation. Plaintiff seems to contend that upon filing this litigation Plaintiff saw fit "to stand in the shoes of the assignor" however, saw fit to "not stand in the shoes of the assignor" upon receiving Defendant's request to produce relevant documents. In addition, Plaintiff s assertion of the "Account Stated" claim contends to be the only claim not discoverable. Far from it. A party is entitled to disclosure in discovery as "a matter of right unless statutory or public policy considerations clearly prohibit it." Greyhound Corp v. Superior Court (1961) 56 C2d 355, 378, 15 CR 90, interpreting the Discovery Act of 1957. The intention of the discovery statutes is to make discovery a "simple, convenient, and inexpensive" means of revealing the truth and exposing false claims. 56 C2d at 376. Therefore, this is Defendant's final meet and confer letter in this matter. Defendant is seeking the relief of the Courts and is giving notice that Defendant has filed a Motion to Compel Further Response to Defendant's Document Request.
  13. Did you send a final m&c letter of your intent to file a mtc?
  14. Cerulean, In addition to 1111girls thread look at momof3 or momof5, she too was against Cach around the same time 1111girl was fighting and used 1111girls as a template so if you need variety look at the other thread.
  15. Cerulean, Welcome...well you can do 1 of 2 things...you can hold off filing a MTC BOP and move to start the RFP process. In which case, once you start that JDB will assume you are no longer interested in the BOP request since you started the discovery process. Once you start the discovery process the clock starts ticking for the JDB because they have 35 days in which to answer (that includes mailing). Soon after you send the RFP request send a meet and confer letter with regards to an insufficient response to your BOP request. Remember they think you have stopped pursuing the BOP process because you began the RFP process. At the end of the RFP process and hopefully you have timed your meet and confer letter you can state in the meet and confer you will file a MTC BOP and make sure you get a MTC BOP calendared at least 20 days out from the date you give the JDB to respond to your BOP. Do you see the strategy here...you will keep them so busy they will lose track and will miss a deadline. I did that with my case that they dismissed within 4 mos. It was against Midland. Anon did the same thing...so strategize and put everything on a big calendar so you can see the WHOLE picture.