essexjet

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About essexjet

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  1. NUMBER #1 LESSON LEARNED FROM THIS EXPERIENCE.......TALK TO THE ATTORNEY ON THE OTHER SIDE!!! You have to let them know that you will not back down and that you will see this all the way through trial.
  2. I will call first thing in the morning!!! I will start preparing my memorandum of cost
  3. So status on the Court website is showing Dissmised 2/24/15 Also there is a line item entered: REQUEST FOR DISMISSAL WITHOUT PREJUDICE ENTIRE ACTION FILED
  4. Best quote ever! I will show up Thursday and let you know
  5. OK that is what I thought. How will the court notify me two days before trial? In the mean time, show up to court Thursday morning suited and booted ready to go?
  6. What does this mean? Are they dismissing my case? screenshot.pdf
  7. Ok thank you, I will upload the testimony of the record keeper tomorrow for you to see as well
  8. thank you Anon....the BOS is dated 2003 and the account was opened in 2008. Also it does not contain any account number or my name what so ever. It's just generic.
  9. So trail is set for this Thursday and now I'm very nervous. Here are a few tips from my attorney advising me: "Ok, well at this point they can use any information they sent you in discovery or any information you sent them in discovery (referring to the Plaintiff now responding to the CCP 96). The main point will be to point out that the bill of sale predates the creation of the account- so how could they possibly have yours? My pointers would be to object to any documents that the other side tries to present into evidence. Hearsay is the most common objection you will need to raise and they will counter with claiming that the stuff is business records (check out Evidence Code 1271). If you get called to the stand, answer everything honestly and to the best of your recollection, if you do not know or don't remember that is OK and don't let them badger you. Just say I don't recall. Bring the discovery responses with you. Sometimes it helps to make a list of all the documents and write down a list of objections for each document. If a document is not in your list of production during discovery object for ccp 96. Otherwise object for hearsay for everything else. They will say it's allowable because it is a business record and not hearsay. And your response will be that it is hearsay and not a business record because the document was not produced and maintained by the plaintiff- it was created by the original creditor." Anyone have any other words of encouragement? They else I should prepare for?
  10. OK thank you Ryan and Anon... I will object overtime they try to induce any evidence on the grounds of the CCP 96 not being answered.
  11. OK thank you!! Do I need to file a motion or anything?
  12. Yes, they were filed with the court and stamped by the clerk.
  13. Ok so I have been working on this with a little guidance from an excellent Consumer Protect attorney in Riverside CA and have a court date set for 2/26/2015. Both parties has sent discoveries and both replied following civil procedures. On 1/13/2015 I sent in my CCP96 request to them and to date, no reply from them. Now they (the plaintiff) did file their response to my Request for Documents which included a bill of sale and a testimony from Jefferson Capital records clerk. My question is that since it was file (on 2/5/2015) could they use that as evidence even though they haven't responded to my CCP96?