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About Themis

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  1. Congratulations!! I'm not sure but I think it has to do with hearing any objections to the proposed judgment. If the judgment is received prior to the hearing then no appearance should be necessary. Someone please correct me if I'm wrong.
  2. I would say anything that you attach needs to be mentioned in the Objection. But whether you decide to use it or not is up to you.
  3. That's similar to what I did last year. I served an Objection to the Declaration in Lieu of Testimony, but it was before the Target case, so I attached CACH, LLC v. Jones as Exhibit "A." It's always good to have several options
  4. You're absolutely right! I became very concerned that my friend wasn't ever going to be ready for trial and I posted about it in this thread three months ago. And that's exactly what would have happened. Thank you so much for understanding my position and for stating it so perfectly. I was starting to feel like everyone here was disappointed and thought I had failed or something, just because we didn't go for the "big win." But you reminded me why this was the best decision for my friend's case, and for him, it IS a big win. And I can still be proud of all of the hard work that I did,
  5. That's not why I did it. In my last post I explained that I sent the Notice to Appear pursuant to CCP 1987b because of the title of the witness and the wording of the CCP 98 Declaration. Anyway, as I said before, if it was me I would have done things differently. But some people are gamblers and some people aren't. In the end, my friend decided that it was in his best interest to settle for a small amount and be done with it, rather than take his chances at trial and risk a judgment. And I respect his decision. Not everyone has the same tolerance for risk.
  6. Well, it's not what I would have done, but I'm happy that my friend is happy. I would have been happier if he would have put more effort into learning how to defend himself, but it's his choice and he's the one who has to live with it. I'm still very proud of the work that I did and I'm so grateful for this site and the people here who helped me so much. The CCP 98 declarant said she was an authorized agent and duly qualified custodian of records of Plaintiff. And the declaration said "the Declarant will be made available for live testimony at trial if Defendant serves a Notice to Appear
  7. It's update time! Here's what's been happening lately: I went to court to observe two trials in our judge's courtroom, but it wasn't extremely helpful because in one case the defendant didn't show up, and in the other case the defendant's only defense was "I don't have a job and I have 4 kids". Two judgments for plaintiff in less than 30 minutes. But I got to see how the judge did things, so that was good. He was really nice and he seemed more than fair. Then I spent some time at the law library. What a great place that is! I had a whole table to myself, so I piled it up with books an
  8. 1. Yes, you can serve the subpoena. 2. You don't file the CCP96 with the court. You just serve it on the other party. 4. As for the MIL, call the civil court clerk and ask what your judge's time frame is for filing and serving the MIL. Good luck
  9. I know how you feel. I'm in the same situation of having to explain all this to someone who is going to have to represent himself in court, so I'll do my best here 1. Plaintiff's Account Stated doesn't fly because: Account Stated requires proof of (1) prior transactions that establish a debtor-creditor relationship between the parties, (2) an express or implied agreement between the parties as to the amount due, and (3) an express or implied promise from the debtor to pay the amount due. How is Midland going to prove there has been a past relationship, an agreement as to the amount d
  10. The timing and place of the filing and service of the MIL are at the discretion of the trial judge, so you need to check your court's local rules to find out what the timeline is. And yes, you need to serve them the MIL, too. I'm not sure about the trial brief... sorry
  11. I found this in the local rules for the San Bernardino County Superior Court: Hope this helps