easy619

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Everything posted by easy619

  1. @Anthony81 appeal based on witness qualifications and sufficiency of evidence. I sent you back a pm. If anyone else would ever like to discuss CA appeal stuff, just pm me and I get instant notification via email.
  2. All of my SOLs passed quietly as well. Any contact from new collection agency, send a good DV letter mentioning fdcpa suits and requesting proof. I sent a few of these and both of the collection agencies almost immediately sold the account. One of them actually sent me a letter apologizing and "forgiving" the debt, basically begging me not to advance fdcpa suit.
  3. I wouldn't arbitrate either. Fight them, you can win.
  4. yeah. i was on fee waiver for superior court trial too. To be honest I don't even feel like filing out anymore paper work yet
  5. i'm not going to insult anyone, just pointing out that a shoddy case was exposed as being a shoddy case despite being able to pull one over at trial. I guess these guys have a job to do (although they could choose a more honorable one). But the smug feeling of victory they had after trial has been vanquished. It's just too bad that more people don't fight these cases, because the midland business model is deficient at best and will lose if battled with reason and law.
  6. When I filed my answer, I did the fee waiver form first, then they took the answer. All future paper work i would either include a copy of the fee waiver order, or simply a post-it not stating "fee waiver on file", and simply clock and drop.
  7. I was pondering this for my case as well. The appellate order has been observed by trial court, and judgement officially entered for me in trial courts (how sweet was the order signed by the (overturned) trial judge). However, since i was on fee waiver I'm not sure what i would be entitled too (probably my total costs - filing fees?)
  8. I scanned the final opinion, I can send to whomever needs it. Send me a PM with email and i'll send it over. I'm not going attach to this thread due to personal information. Also, If T. Brown or any of the other Midland cronies are reading this, look who came out on top after all...
  9. Recieved a Remittitur in the mail, the opinion has been entered as final, and judgement officially entered in the trial courts records for me. The wording of the opinion was also altered slightly i believe.
  10. You must appeal. Trial court judges can sometimes make questionable decisions. You should get a much more fair run in appeals. I did everything to win at trial but lost. Appealed and won unanimously. Bad decisions can be made in trial court. The remedy to this is appeal. Read my thread i posted step by step everything you need to do, it's not as hard or daunting as it seems. You've already learned the rules and come this far, why lose now?
  11. I can send a copy of the decision to anyone who needs it
  12. @small fry I know, i thought they might take the chance to weigh in on ccp 96/97, but that didn't factor into the decision at all. luckily the rest of plaintiff's case was flimsy at best.
  13. Seeing as I was one fee waiver, there are no costs to recover, correct? Also, if anyone reading this needs help with their case or is considering appeal, don't hesitate to send me a PM.
  14. I won my appeal! It was a long process, but in the end justice was done and I won. Received the official decision today, posted in my appeal thread. Won for different reasons I thought I would, glad I made a comprehensive argument.
  15. The decision is in: This appeal was considered by judges xx, xx, xx. Reversed. Preliminarily, the Appellate division notes that Respondent Midland Funding LLC failed to file a respondents brief, and on xxx an order was issued stating that the court will decide the appeal on the record, opening brief, and any oral argument by appellant. Immediately prior to argument, appellant ME advised courtroom clerk the he would waive oral argument. The matter was taken under submission. The judgement entered by trial court against ME was not supported by sufficient evidence and is unanimously reversed. The evidence presented by MIDLAND failed to support its account stated cause of action against ME. In order ti obtain a judgement on an account stated cause of action, MIDLAND must present sufficient evidence to establish defendant's acknowledgement of the debt, and it failed to do so (See Maggio, INC v Neal (1987)196 Cal. App3d 745). There was insufficient evidence to show that there was any express or implied agreement between MIDLAND and ME. "When a statement is rendered to a debtor and no reply is made in reasonable time, the law implies the agreement is correct as rendered. However, the two letters presented by MIDLAND advising it had purchased the account by from CHASE BANK were mailed to an address not in any way linked to ME. Both were sent to xxx xxxx road, and there is no evidence in the record the ME ever resided at that address. Although MIDLAND's failure to present sufficient evidence to support its cause of action alone warrants a reversal, the Appellate Division also finds that Corinne Durazzo, Plaintiff's sole witness at trial, could not properly authenticate the Chase Bank statements as she was not the custodian of records, nor did she testify that she was familiar with the preparation of the records. Rather, she testified that she was an employee of Encore Capital. Ms. Durazzo did not testify that Encore Capital was in any way involved in the preparation of the records, and there is nothing in the record to reflect any connection between Encore Capital and Midland Funding. Under these circumstances, the trial court erroneously applied the evidence code 1721 business records exemption to hearsay and improperly admitted the records. The trial court also erroneously admitted the "Affidavit" of Chase Bank "officer" Martin Lavergne as it was not submitted pursuant to CCP 98, nor was it signed under penalty of perjury. The 1/3/14 judgement of the trial court is therefore reversed and this matter is remanded to the trial court to vacate the judgement and enter judgement in favor of defendant. Appellant is awarded costs on appeal.
  16. Checking the ROA on my courts website today, it's official; i won. judgement enter for me and against midland funding. I'll post what the ruling says when it shows up in the mail. Also, found this Rule 8.1105. Publication of appellate opinions ( Courts of Appeal and appellate divisions: Except as provided in (e), an opinion of a Court of Appeal or a superior court appellate division is published in the Official Reports if a majority of the rendering court certifies the opinion for publication before the decision is final in that court.
  17. I agree if this could get published that would be great. in trial court they assigned a real lawyer after i got them on the MTC and filed another one for sanctions, he did the trial too and seemed to do a much better job than alot of these rent a lawyers i hear about. I never heard a word from them in appeal. They didn't file anything, absolute zero participation. They didn't contest my statement of the record or anything. By not filing a reply brief, they forfeited any right to oral argument. I think they just gave up. They didn't send anyone yesterday. Or if they did, they were too embarrassed to say anything to me. They are a business though, I assume they decided to cut their loses. I'm quite interested to receive the full ruling in the mail, I wonder if it was 2/3 or unannimous reversal, and which of my arguments convinced them and which didn't fly. I thought my ccp96 and section 473 arguments were just crushing, especially given no opposition from opponent. Moral of the story is, when at trial, even if you're getting just railroaded by judge try to keep your cool, keep objecting, and begin building your case for appeal.
  18. Motion to Depublish would be to not have this ruling be citable correct? Being that this is a superior court appellate division decision, and not court of appeals, I thought i would have to request it be published or something to that effect. It could certainly be useful to have this decision published, especially since there is currently no citable cases interpreting ccp 96/97. That could be a major help to many. As for cost memorandum, I was on fee waiver, I don't know if i would be entitled to recover anything. Never looked that far ahead. And for the judgement return, they never took anything nor attempted to garnish wages or anything. I think they knew they were going to lose.. Once i read the tentative i couldn't get out of there fast enough, knowing that with no oral arguments the tentative would become final. A couple of attorneys outside of the courtroom were snickering while i snapped a cellphone picture of the tentative ruling..until i pointed out that i was pro se and had just won my appeal. they were impressed and mentioned how rare it is to overturn, especially being self represented.
  19. @Seadragon thanks for sticking around and lending a helping hand to everyone in need, myself included!
  20. I walked in, read the tentative, went to the clerk and waived oral arguments. As I understand i didn't have anything to gain by arguing solo with the tentative in my favor. They would have been able to question me, and maybe even hurt my argument. I decided why take the chance, they already ruled in my favor. I thought my brief was well written and the record supported my stance. Appellate panel agreed. So with oral arguments waived by both sides (respondent by force), the file is closed and the matter is submitted. I will be notified in writing within 90 days when the tentative judgement is entered as final. a huge thank you to everyone who helped along the way, i couldn't have done it (nor would i probably have tried) alone. This is a huge weight off my shoulders and it feels good to know that the laws and statutes mean what they say and that they are there to be applied to ALL of us, not just to help the big guys.
  21. make sure you hold plaintiff to what they list in their CCP 96 statement...no funny business.
  22. tomorrow morning is the day. they will post a tentative ruling shortly before the arguments, so i'll know if i have to argue or not. wish me luck..
  23. Good point seadragon. The time draws near my friends, a few days away.