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  1. The rental attorney asked the judge for a short recess to call the office as she was not aware that the affiant had been subpoenaed....she came back to say that they were going to dismiss the case...I asked it be dismissed with prejudice...that was agreed by the judge....I asked for costs, and he said I would need to fill out the forms to request them....
  2. Yes...the case was dismissed in front of the judge as the plaintiff's witness did not show up, and when I requested with prejudice, he agreed (said I deserved it)...that was on August 23rd, and I filed with the court the MC-010 and mailed with proof of service on August 27th. The plaintiff's never filed an objection with the court.
  3. Thanks Calawyer. I finally found the previous posts with links and suggestions on forms to complete for judgment and also a possible pleading for judgment....still confused, I stoppled by to talk to the court clerk....I asked her protocol for collecting on the MC-010...she told me "I already told you that the case is closed and you can't collect"....I told her this was a different case....she looked it up and stated "this case is closed too. You can't collect unless the judge gave you an order to collect. The plaintiff's have no reason to pay you without it"....I stated that I had asked the ju
  4. I filed with the court and served a MC-010 to Midland for a case dismissed with prejudice 30 days ago. They never objected to the memorandum of costs. Is there a time limit they have to pay the costs? And, if they are in default, what is the course of action to collect on the costs? Thanks for your help.
  5. Carol-Lynn, I didn't think to ask as I have filed MC-10's after the case was dismissed....someone else would probably confirm, but I believe in the trial brief, I should have asked for costs, etc. Also, I had to create the trial brief into a word.doc, so if you don't want the labor of doing that, just let me know and I will forward it to you.....I did omit the section on the second cause of action for "book account" as my case was only account stated.....Thanks again for the link...it really saved me!!!
  6. My last trial of three trials (2nd with Midland) is over. The judge made a tentative ruling based on our trial briefs and the plaintiff's judgment was denied WITH Prejudice. The attorney for the plaintiff's told the judge that she was there to request a dismissal without prejudice and argued that the subpoena was not served timely....(it was served timely)....but the judge said it didn't matter, that the plaintiff failed to provide sufficient evidence to support its only cause of action, Account Stated. My first case with Midland, I neglected to prepare the proper due diligence timely so I was
  7. Well, I received my order approving a continuance for another 3 weeks today....and sent out a letter to plaintiff's for completion of the BOP I sent them.....got home and I had overnight package from attorney's for plaintiff's with a Request for Dismissal.....since it was without prejudice, they will be back, but I will be one step smarter in defending my case. Thanks everyone for all your help!!!!!
  8. Okay, so I won my first case with Midland as the affiant did not show up and the case was dismissed (I have a separate thread on that) Today I recived a reponse to my RFP's....I got a bit nervous when I saw that they included a signed application...only it was dated 2008, and the account began in 2000....after a second review of the docs, I realized this was for the case that was just dismissed. I did also receive a response to my CCP 96 for my second case....No response to my RFP's yet though....since I have never seen a response yet, I am wondering if mine is standard. It stated: 1. Affidavi
  9. If trial is not continued, it will be Monday, July 30th....isnt' it too late to aske for arbitration? or do I ask at trial?
  10. legaleagle: The damages in complaint are $9655.37 This is a short cause trial....there are no CMC's, no trial brief, nothing....you walk into the courtroom and present any documents to the judge which are not already in their file....the plaintiffs replied to the BOP in 10 days + 10 days for mailing...I recevied them on the 22nd and the trial date is set for the 30th...I did not have time for a motion. Therefore, I tried for a continuance...below is what was presented to the court in a declaration (acceptable by the judge)...and thanks to all the posts to compile the verbage.. TO THE HONOROBLE
  11. Thanks racecar....it looks like I don't have a case as they have provided statements "previous transactions between the parties establishing the relationship of debtor and creditor" and since I do not have a basis for "attacked only by proof of 'fraud, duress, mistake, or other grounds cognizable in equity for the avoidance of an instrument.' I guess I will hope for a continuance to have more time to negoatiate a settlement.
  12. I have a short cause trial set for Monday against FIA Card Services, represented by Hunt & Henriques. Not a JDB. Per the court clerk, I filed a Declaration for Continuation of Trial on 7/20/12 (due to lack of BOP evidence provided). The declaration is still with the court. The complaint is: Civil Limited less than $25K, Contract: Rule 3.740 Collections 8. Common Counts. 9. Other: Bof A & MBNA merged. Bof A and MBNA established FIA Card Services, N.A> (FIA) a credit card bank and effective 10.19.06 all MBNA & Bof A card accounts are issued and administered by FIA a. Within last 4
  13. I DID WIN AGAINST MIDLAND FUNDING this a.m. The plaintiff sent a substituted attorney. She showed up late, just as the second roll call was happening. I don't like to make judgements on people, but she was an ederly lady, wearing a crumpled black skirt and suit jacket, and juggling a canvas bag and an accordian file full of documents. She looked quite disheveled and drew the entire attention of the court. The judge did not know her. The judge called us forward, and asked if we were both ready. He asked the plaintiff what evidence they were presenting, and if they had it all. She stated that i
  14. Thanks Seadragon....I would have hated to get blindsided! But I need clarification....if the court allows the declaration, do I state the case (Taggart v. Super Seer Corp) and the actual case language or just the "argument for the court" you presented And not so lucky, it was stated under the perjury laws of the State of California.
  15. I have a short cause trial tomorrow against Midland Funding. I subpoenaed the "legal spe******t" witness per the Affidavit in Lieu of Testimony...The witness is in MN and I am in CA....If the witness doesn't show, and opposing counsel asks for a Dismissal Without Prejudice, can I ask the court for Dismissal With Prejudice...and if so, do I state my case based on the Affidavit is not admissable....also, has any defendant brought contempt up to the court against the witness for not attending, or sanctions on the plaintiff's attorney for knowing the witness was not going to appear? I hope tomorro