Themis

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Everything posted by Themis

  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
  12. Isn't that method for serving a business? I thought I was supposed to serve the subpoena to the declarant personally... Now I'm really confused
  13. She works for CACH. I've been doing some detective work and I think I'm onto something good now This is just a rough draft while I'm getting my thoughts organized, but tell me if you think I'm headed in the right direction: Anyway, that's my general idea of some things to put in the MIL. There's still much to do, obviously I'm still not sure if we need to try to subpoena the witness or not. Is it best to try, even though we know she won't be there? And if so, how do we go about it? Do we fill out SUBP-001 and have the clerk stamp it and then have the sheriff in the county of t
  14. Hi guys! I just got the CCP 98 declaration and I need some help with the MIL, please They did something a bit different from what I've seen previously on here and I'm not quite sure how to proceed. Here's the CCP 98: It doesn't say she'll be available for service.. just that she'll be made available for live testimony at trial if we serve a Notice to Appear upon the attorney. < The next page is this: Notice they didn't even get their own witness' name right? Anyway, I'm not sure how to proceed with this. Do I still try to serve the subpoena to the witness at the la
  15. Oh ok, I thought I had somehow missed an important step. So I'll just wait for the CCP 98 declaration and then (possibly) file the MIL. Thank you very much Thank you for clearing it up for me. I'm easily confused these days
  16. This is about where I'm at, so i you don't mind me butting in, I have a question about this part of your post. I know about filing the MIL, but how do you object to the ccp98 declaration before that? Thank you
  17. I totally agree. The problem is he doesn't have a computer and he doesn't even know how to use one anyway. We've been close friends for almost 30 years so I told him I'd help him as much as I could, which is basically by doing the paperwork and trying to teach him everything I'm learning from here. What do you feel is the best approach? Are you the MTC type or the take your chances at trial type?
  18. Thank you both so much for replying. I'm sorry I'm just now noticing ~ for some reason I didn't get an email notification so I didn't think anyone had replied. helpme ~ no, I haven't done a mtc for the BOP yet, but I have one partially written up, just in case. My friend has money set aside to file a motion and he says he wants to do whatever is necessary to fight this. And so far, he has, but I am concerned because he doesn't know all this stuff as well as I do yet, and he really needs to. I just hope he has it in him to continue on with all of this... ASTMedic ~ Your documents are
  19. Hi everyone It's update time again! This is the plaintiff's response to RFP: Is that a load of BS or what? These are the documents they sent: The same generic credit card agreement they sent for the BOP. The one that's cut off at the bottom so part of every page is missing. It's also missing any dates.One year of statements (from 2/10 - 1/11).The same badly copied bill of sale that they sent for the BOP.The same debt collection letter they sent for the BOP. The one they allegedly sent 4 months before they filed this lawsuit.They did not send anything called an "Affidavi
  20. Hey JimDandy, happy new year to you, too! We had the CMC in December and set a trial date for about 6 months out. They ignored the BOP meet and confer letter so we're thinking about filing a motion to compel/preclude. Then we got plaintiff's response to the RFP ~ all ridiculous objections, however they did send about 10 statements. Still thinking about what to do about that. The latest thing they sent is a settlement offer that expires Jan 28th (and it probably will ) I keep hoping they'll dismiss it soon so I can get back to my regularly scheduled life