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Anon Amos

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Everything posted by Anon Amos

  1. I still can't remember it. I think it was CACH V (a name of a company (not an individual) I think @sadinca may know it.
  2. Object any and every time any evidence is discussed or attempted to be introduced and do it ASAP. It's perfectly acceptable to interrupt the lawyer, as long as you say "OBJETION". Most likely he will put the witness on the stand and say "do you recognize this document, or can you describe the document, or I have in my hand a document, etc etc. He is suppose dto put the witness on the stand and get them to lay a foundation and authenticate the documents. Object as soon as you realize it's happening, (try to watch some realistic court / lawyer realated shows (or cases if you can). He may try to bypass witness foundation by trying to give it to the judge directly "you honor I would like to introduce into evidence blah blah, etc etc". Object as soon as you realize it's happening. You know they are going to mention the evidence, and as soon as they do, that is your que to object. Don't wait for a pause in the conversation or a polite time to interject. As soon as you notice it, OBJECT.
  3. If he's reading it, or paraphrasing it, then it's hearsay. If he is stating the information in the declaration in the manner that the declarant did in the declaration, as if it was he who made it, then it's council testifying. Without a witness he can basically just recite what is in the complaint (much of that is in the declaration as well however.) It's kind of difficult to know when to make this objection, so just do the best you can. It's better to object and have it overruled then to not to object when it would have been allowed. Make sure you make any objection by first stating the word "OBJECTION". You won't need to mention this, just get it filed. If an objection gets overruled I would ask that "may the record reflect the objection". The judge may get tired of hearing that (or he may not), but I wouldn't worry too much about a judge taking offense to anything. There are judges that won't be happy about you fighting a case, so don't be too concerned about their feelings and just fight the case. Don't let them intimidate you,. A lot of judges aren't happy about having to rule against a fellow bar member either. I have never seen a judge too happy about anything I did, or filed etc, and have still always done very well. As long as you use terms like "your honor" and "objection" in the right tone of voice and volume, respectfully, then you do what you have to do win.
  4. OK H8, I have to TCB, and will check back in later. You had a few question that were covered by Calawyer so I didn't respond to them. Bump anything that is unclear or unanswered. Don't stress, this is something you can handle.
  5. Indeed. The website quality has finally reached an all time low with the reconfiguration (in my opinion).
  6. There is recent case law on this but I can't remember the name, and with the recent website overhaul it's impossible to find. I will try to remember and get back to you on this if no one chime sin with it.
  7. That is the normal reaction. Don't forget, this isn't your first rodeo, and what you learned, and objections from the last case still apply. I'm sure they will, unless they just dismiss. OBJECTION: Hearsay CA Evidence Code 1200. Elkins v Superior Court (as well as sever others listed in Elkins). Doesn't meet any exception to the hearsay rule under CA Evidence Code 1271. Then point out that the witness said under oath and penalty of perjury he would be her for service and that you successfully served a subpoena and the witness is court ordered to appear. If that fails (which is unlikely) that's the reason you have the request fro statement of decision (and having filed that the judge is less likely to do this). The statement of decision will help you have a record for appeal.
  8. I wouldn't hold much stock in the Anthony post (as I recall he was extremely un prepared and misinformed ( and gave no explanation as to what happened) If the witness shows up at trial it wouldn't matter if they allowed the ccp 98 declaration anyway, because the witness testimony is going to be just what he says in the ccp 98 declaration. You would cross examine the witness and try to impeach him (that would be your argument (he can't authenticate, can't lay foundation, no knowledge of OC records etc), Too late for trial brief, but these are questions to be added to your cross examination of witness. Their allegations cannot be true by their own dates they supplied. Untrustworthy and the witness should be impeached.
  9. I think it's good. File it, fax or hand it too plaintiff or whatever you have to do. The main thing is to file one, I don't think you are going to anything that can damage you here, as it's not a very critical area. You are telling the judge to go on record with the exact reason he ruled against you. The judge will know what you are asking regardless of the wording.
  10. I would file the request for statement of decision even if I thought the judge wouldn't like it. The judge isn't going to have a problem with it, and it sends a good message. You can probably file it any time before trial and send plaintiff a copy with POS. Edit: It does mention he timing on this in ccp 632, but it is a bit confusing.
  11. It's the same principle when car shopping. Most people don't pay sticker price, they negotiate a better deal.
  12. The judge won't be too concerned about POS because you know the suit has been filed and are aware that you can answer the complaint. You didn't get a default judgment or suffer any other damage as a result of not being properly served.
  13. Not sure "indebtedness" is even a recognized cause of action (you could look it up in the CACI jury instructions to find out). In any event, it's not so much as a defense to it, rather then putting them to the evidence and forcing them to prove it. Concentrate on all the evidence and have your objections for all. On top of no proper witness to lay a foundation for any of it. (or possibly no witness at all). The fact that they haven't proven their claim, and the evidence should be inadmissible Is your "defense". They have the burden of proof, and haven't met it, so it should be a ruling for the defendant.
  14. I don't know if the bottom feeder has provided enough information to satisfy the code or not (I don't think they have) but I was referring to 1788.52 ( c ) It says they have to provide the info and proof upon written request within 15 days. Nothing to do with the initial communication referred to in section (d).
  15. It says they have to provide a lot documents within 15 days of written request (your BOP). You must have something here that can be used against them.
  16. I would be looking into filing a cross complaint, or maybe seeing if any consumer lawyer wants to take this case. They can delay and get around responding to the BOP without much trouble, but if you read the code, they have 15 days to respond to your request of validation. See if they sent you enough info according to that law. If they didn't, then capitalize on that leverage. If you had a cross complaint on them you can negotiate better and get them to dismiss.
  17. Read Civil Code 1788.50 - 1788.64 I would send them a demand for BOP right away. Also, check for violations of the above codes. I think a lot of these docs they are supposed to have must be requested (other then what has to be attached to a complaint). Edit: SadinCA beat me to it and put a link to the new law. (I see you can upload again SadinCA).
  18. I have never been able to upload, open links, copy or paste.
  19. You can also add that "plaintiff claims to be an assignee to the alleged debt from Citibank and therefore would not have been damaged. Plaintiff purchases charged off debt in hopes of making profit and caused it's own damage if any truly exist".
  20. The reservation # must coincide with the date the motion will be heard then. It may take some time and effort to get. It's hard to imagine doing it over the phone, but in LA I think people do, because the court it too far away. Your court might not be using the "tentative ruling" method, and may do things a little differently.
  21. Is the reservation # something that is in your local rules? You have to find what your local rules say on filing motions, and whether or not your court uses the tentative ruling system. For motions you have to first find out what days your court hears motions, pick a day that is at least 21 days out, file your motion with the court with the day that is 21 days out listed in the caption (and make sure you "get on calendar"), and send a copy to plaintiff with notice of this date in the motion. Court clerks aren't going to be very helpful with this or tell you how to draft and file motions. Also, in CA a motion must include the Notice (hearing date), Points and Authorities, and a Declaration. It's not as simple as just "file a MTC arb" as you may see posted. It's not just a form you fill out, and you do have to get it on calendar with proper "notice" to plaintiff (16 days + 5 for mail service).
  22. These codes have nothing to do with a BOS. Look in the yellow pages for a court reporter. I have heard of people finding them when searching for legal secretary (maybe legal services).
  23. They're trying to help the daughter in law protect her money, not her moms. If she takes her money out of that account (which may not be possible) and starts a new one, it won't be her problem if someone else has a ruling against them.
  24. Even if you were a few days late it wouldn't matter, because the plaintiff still has to file for a default judgment before a defendant who is late answering would be damaged.
  25. It looks like it will be an uphill battle. I guess the OP will know soon enough.
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