blue devil

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About blue devil

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  1. Son's fees were waived but there were multiple proof of mailing costs, process server fees, etc. How promptly does he have to file for fees? Is there court guidance as to what fees can be claimed? In California, what form would he use? Thanks
  2. This morning Midland dismissed the suit against my son on a Chase account! We couldn't have done this without the great members of this Forum. Special thanks to BrunoThe JDBKiller, ASTMedic and Calawyer. The advice and assistance on the documents we filed pushed Midland to head for the hills. I will monitor this site and pass along any help I can to bring these JBDs to their knees. Thanks again.
  3. On previous posts I discussed a pending lawsuit my son is facing by Midland on a Chase account, repesented by Erica Brachfeld. We have received superior support and guidance from all of you and are prepared to argue our case before the judge. We have attempted service of the affiant at addresses listed on the affidavit and to no surprise, she was nowhere to be found and no one at the addresses had ever heard of her (law firm, no less). We filed an MIL and will argue to have their affidavit excluded as it violates CCP 98. Now, two questions: 1. If my son is asked by the judge if he had the
  4. OK. Attempted subpoena service - surprise she wan't there. Filed MIL docs and declaration regarding subpoena service attempt with Clerk on Monday. Mailed copies to Midland atty. Did not include a copy of the subpoena. Also, received a certified copy of an Affidavit filed in Arkansas court allegedly signed by Doucette that bears a very different signature. Any guidance as to how we handle this? Should I provide it to Midland Atty to push them toward dismissal? File with Court or wait until trial (12/17/12)? Thanks for all your help.
  5. OK, we filed the Case summary and will file in Limine docs. on Monday. I attempted subpoena service on affiant and to no surprise she was not at location. Any idea what form I use to make my declaration regarding my attempts to serve the subpoens? This is Los Angeles Superior Court - I found a MC-303 form which is a general declaration form. Will this work? Thanks
  6. One last item. When the original summons was delivered it dropped at my wife's feet at our residence - my son does live with us. The process server did not asked for my wife's name after she told him our son was not home. Nevertheless, the server submitted a declaration of service with the court and made up a name for my wife. Can we note this to the court? if so, when and how? Does it even matter or serve of any benefit to us?
  7. OK. We will attempt subpoena service on this Friday. Son just received Midland's Trial Brief. Is my son required to file one, too? Trial is set for 12/17/2012. Hope we haven't missed a deadline. Also, any pointers on what should/ should not go in his brief? We are going to try to establish that Midland does not have standing. Thanks
  8. I think I have found other affidavits signed by her that don't match the signature on the one we received.
  9. So I take it a BOP would be appropriate. I'm still searching for a sample to follow. In my answer to their request for witnesses/evidence, should I mention the fact that I have found what appear to be falsified Affivdavits in Lieu of Testimony filed by Doucette? Or should I reserve that for impeachment in the event she appears pursuant to a subpoena I intend to sever on her?
  10. In working on my BOP, I came accross this: "Even though the code authorizes a demand for a bill of particulars in an action “on an account,” it is not available in an action on an account stated. Distefano v. Hall, (1963) 218 Cal. App. 2d 657, 677." The Complaint (which was not verified) had a First Cause of Action attached. It says, in part, " Within the last four years (1) on an open book account for money due. (2) because an account was stated in writing by and between plaintiff and/or Plaintiff's assignor and defendant in which it was agreed that defendant was indebted to plaintiff and/or
  11. I have downloaded the SUBP 002 and am attempting to complete it. Does anyone out there have any suggestions for verbiage to put in Sections 2,3 and 4.