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h20drag0n

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  1. Its been months since Plaintiff hasnt sent me a check for the cost. How do I get the court involved to force them to send the check? Judge sign Proposed order. And they had 10 days but havent got anything from plaintiff. How to proceed?
  2. Shouldnt it be Plaintiff CACH, LLC Motion to Tax Costs...? Other is I dont have the name of the lawyer. I have to go look at the court house for this. Minutes finalized for Motion Hearing was entered. Thanks CaLawyer
  3. Notice of Ruling TO ALL PARTIES AND THEIR COUNSEL OF RECORD: YOU ARE HEREBY NOTIFIED THAT Plaintiff Motion to Strike or Tax Costs, heard on January ...., was denied. Please see attached tentative ruling, which the court affirmed on the date of the hearing. Defendant expect payment within 10 days. Dated: CaLawyer Did you mean something like this?
  4. I have the Tentative ruling which state both motion is denied. Here is what it states CAUSAL DOCUMENT/DATE FILED: Motion to Strike or Tax Cost The Motion of Plaintiff CACH, LC, ("Plaintiff" or "CACH") for an order, pursuant Rule 3.170( of theCalifornia Rules of Court, taxing the cost of this action by striking the Memorandum of Cost filed byDefendant ("Defendant") in its entirety, is DENIED. This Motion was not filed withintwenty days of mail service of the Memorandum of Cost. California Rules of Court, Rule 3.170( (1).Also, the Motion was not filed within the thirty day extension permitted by subsection ( (3). Delay inchallenging a cost bill waives any objection to the cost claimed thereon. Wegner, Fairbank andEpstein, Cal. Prac. Guide: Civl Trials and Evidence (The Ruter Group 2013) at ¶ 17:143 (citing Douglasv. Wils (194) 27 Cal. Ap. 4th 287, 290). Plaintiff fails to cite authority concluding that he date Plaintifffiled its initial (procedurally defective) Motion to strike is applicable for the renewed Motion as well.
  5. Should there be a contract and more than 6 months statement? The address on my statement is not my address current address? I did file BOP but got only a few statements and no contract.
  6. Is a good lists of question for the OC witness?
  7. We already did the proposed judgment months ago. The motion was to tax and object to proposed judgement. Both got denied. Im reading that the prevailing party send notice. Code of Civil Procedure § 1019.5 states that
  8. I think you have it the opposite. They mail it 4 days after what was dated on the letter and proof of service(1-2). I have return receipt that they received my CCP96 on the 17th so do I count 20 days from the date. The mail should be post mark the 1-4 from the 12-15 which it was not. Its post mark 1-6. Do I still have a case?
  9. I received the CCP 96 in the mail after joint trial readiness conference. The attorney showed me the CCP 96 at the conference and I told him i haven't received the ccp96. So I did not sign the joint trial readiness conference. The judge call me on why I didnt sign. I told the judge they changed the witness on me at the last minutes. The judge told the attorney you cant do that and need to have him here for trial. So we reconvened with the witness added to the Trial witness list, then I signed the joint trial readiness conference. While waiting I thought, If this is the list for trial (cant add anything else) I went back to add my exhibits, due diligence, proof of service. etc
  10. Can I do something with the proof of service on this issue. He said he drop it in the mail (By Mail) As follows: I am "readily familiar" with the firm's practice for collection and process of correspondence for mailing wit the United States Postal Service. Said correspondence will be deposited with the U.S. Postal service on this same day in the ordinary course of business. I am aware that upon motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after that for mailing as declared herein. The date on the proof is 4 day later on the USPS postage stamp. Can I get this CCP96 off because he lied on the proof or the CCP96 to be invalid?
  11. I received the CCP 96 the Declaration witness is off and the new witness is in there with the same exhibits, agreement and monthly statements. I was able to get the judge to bring back the original witness. Also, I subpoena the original witness but he was there. The judge said since I subpoena the witness the witness need to be there. The original witness is about 2300 miles away where as the new on is 4 hours from the court house in another state?
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