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Anon Amos

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Everything posted by Anon Amos

  1. I think the whole cite was much better before the "upgrades". You can't really find anything now.
  2. Agreed. I would send the demand for BOP anyway. Let them object.
  3. You don't need to win it at this point. You are just in the discovery stage, and the case can go on for a year. Use the time to your advantage. And there are plenty of ways you can win the case. You fight the case and don't worry about losing or settling at this point. Even if you were to settle, you wouldn't do it now, and send them the wrong message bringing it up this early. Definitely, to both points In my opinion never. Or only after losing a case, and having a ruling against me would I consider negotiating a much smaller amount, on a take it or leave it bases. If you have to settle then you fight the case first and if they don't dismiss you could make a last minute offer (which is exactly what they do as well). SSI Disability income is exempt from collection. You may also be collection proof depending on what your income is. You have a good chance of beating them or getting them to dismiss, but you will have to learn a lot. Your husband would need to be up to speed on everything as well if it's in his name. Learn while you are waiting on discovery and drag it out for a while. See if you can get them to dismiss before you worry about settling or losing the case.
  4. You can't lose at a trial setting. You are not there to argue your case, or answer to any allegations (it's very unlikely, but you may have to remind them of this). The judge should ask if the parties have reached a settlement , and if not, then set a trial date. You may get a lot of encouragement to settle. No form to fill out for this.
  5. Between the Gen denial, BOP, and counter offer; you are sending them the right message.
  6. It's a good indication that they don't want to go to trial, as none of them really want to. These are school yard bullies that just want the lunch money handed over without a fight. They know they can win with flemsy evidence IF the defendant doesn't prepare (or is misinformed) or can be intimidated into settling. On your counter offer I would say dismiss with prejudice. You might add that both sides cover their own cost (that way you give them something as well ).
  7. Those are very common misconceptions. It is possible to make far fewer trips to court and get better results with the POS when you carefully plan it all out to your advantage. I always mailed the POS myself as well , but I did have a friend sign it after I filled it out for them.
  8. As SadinCa mentioned, you do not have to have documents stamped by the court before sending them to the bottom feeders. In fact, you are better off if you save the stamped copies of documents for your records.
  9. Good job. I think you are probably alright. You could always file the memorandum seperate of the motion, and you could also probably get by without it. I don't think I would amend it if it were mine. The main thing is you got pat the default, so congrats on that.
  10. You don't need a declaration, but you do need a POS (proof of service ), and send a copy of the answer and POS. The General denial form is the easiest one. If you use affirmative defenses that you don't really have it just looks like you have no clue, and sends the wrong message (which may not matter if you choose arb anyway).
  11. You don't have to state lack of standing in CA. Did they not list any cause of action, such as "open book, breach of contract, etc" You could put lack of jurisdiction as arbitration has been elected. I don't know that I would put much stock in what that attorney tells you. He should have known to file an answer (make sure you do that first thing in the morning ).
  12. California uses a demur instead of a motion to dismiss , and it's strictly for procedural error. If you don't want a default judgment then file an answer. If you are convinced arb is going to end it, then you still have to file an answer. These are the arbitration disasters that I mentioned would be surfacing in time.
  13. I have said this many times, and in this thread as well. Did you file an answer or general denial to the complaint with the COURT, or was your response to the complaint the MTC (as the arb pushers suggest ) ?
  14. No its not Cali specific, you are welcome to post as you please. Good luck with your case.
  15. Are you in California? (we can't even tell anymore since the messed up the forum ).
  16. You might file a simple 1 page judicial notice to the court explaining you filed an answer and elected arb and that the default does not apply.
  17. You will need to answer the complaint and a Gen denial is the easiest way (unless it says your complaint is verified ). The general denial puts you on record as denying all of the complaint. I think ASTMEDIC may have said not to send discovery, but not sure. People have different opinions on what to do, and there's often a few options on what you can do. But answer the complaint should always be done regardless of what others may say. Sending the BOP is a good idea, it gets the ball rolling and sends them the right message (that you won't simply roll over for them but will fight the case ).
  18. You can expect a long learning curb, an objection to your demand for BOP, sending a meet and confer letter regarding that, discovery (request for production of documents ), and for them to send you a ccp98 declaration in lieu of live testimony about 30 days prior to trial, and a very good chance of getting them to dismiss. Read ASTMEDIC'S thread as well as HomelessInCalifornia.
  19. You can file a general denial and fee waiver at the same time (assuming the complaint is not verified ). I would not file for an extension and you don't need one. I don't know of anyone in Cali who likes arb, and in my opinion is another thing you don't need. I would also send a demand for a BOP (bill of particulars) . You can find this , the general denial, as well as a proof of service form (which you will need ) on ASTMEDIC'S thread which is pinned at the top of the forum. Welcome BTW, and good luck.
  20. As soon as he calls the witness, as soon as you hear the witness name "your honor I object to this witness being called as he is incompetent" . "He cannot possibly authenticate or lay a foundation for records of OC, as he is not employed there, and they are hearsay and do not meet a business records exception" . 'there is caselaw that supports this as well (Sierra v Hale). If the judge overrules your objection, then the witness will simply take the stand and attempt to lay a foundation for documents (that you will object to as each document is introduced by the lawyer). Then you will cross examine the witness. When you finish with that; you will ask the judge that witness be impeached and all testimony be stricken from the record.
  21. Very good H8. Notice how it says a declaration AND testimony from a witness of an assignee can't lay a foundation. So if the witness yout subpoena is from the bottom feeder and not the OC, they can't lay a foundation. This case law is a good example for your case.
  22. Also I am not sure it was a company. Sierra may have been a last name. Sierra is ringing a bell however (although I have been thinking of a Sierra Nevada beer as well, but I really don't think that has anything to do with it) Sorry I can't be of more help on this, at least not at the moment.
  23. I don't think that's it (but read it and see if it helps). It might be CACH v Sierra (or Sierra management ) see if you can search for that. It says a bottom feeder can't lay a foundation for OC records, even if they do show up as a witness. If they would have left the website alone I could have found it. There were several conversations about it. Let me know what you find, I'll try to find it after work if not Also I will pm you later with some tips that helped me.
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