Jump to content

Anon Amos

Members
  • Posts

    5,072
  • Joined

  • Last visited

  • Days Won

    156

Everything posted by Anon Amos

  1. It was classic. John Oliver was very well informed, and you could tell he did his research on bottom feeders.
  2. @HappyblueskyWhat part of this statement ^^^^^ do you not understand? @BV80 I think it's the return of "bassplayer", or time to go the way of bassplayer if not. Well beyond the last warning.
  3. I wouldn't oppose any type of dismissal or press the issue. (that sounds like a very ridiculous thing to do). Look back where you were six months ago, and the accept the dismissal as a victory. Congratulations, BTW. Post the victory in the winners thread.
  4. It's the statements you would submit, not proof of phone calls. However, you could compile a list of dates and times of when you made the calls and any notes of who you spoke to and submit that as well. You need something stronger as well. The dollar amount is incorrect, something they say in the statement of facts is completely false, you made several payments that were not noted, etc. It's not easy when it's an original creditor suing you, but you are going to have to come up with a good reason why this case should go to trial.
  5. Very good. List as many as you can get. These are the "material fact" and "triable issues" that plaintiff claims don't exist. Yes. Use whatever you can and mention and list it as an exhibit. Use as much supporting documents as you have Read the rule several times and also use their msj as a template. You need separate declaration etc. It's in the rule and you can see how they did theirs. Your opposition will look like their msj, only it will be an opposition to an msj. It's not a simple task and you need to get it correct. Read all their stuff, the rules, and look for some examples online possibly.
  6. You can use what they gave you as a template and oppose what they are saying in the statement of facts. Read CA Rules of Court 3.1350. It tells you what you have to do and file for an opposition to msj and also how to submit supporting evidence as you were asking about earlier. There's a lot of paper work and you have to come up with some issues.
  7. I would just concentrate on the statement of undisputed facts and come up with some disputed facts and draw question to what they are saying here, which shows that you have some disputed and trialable issues, and that the case needs to be heard in court This is not how you answer an msj. You have to oppose at least 1 thing they are saying in the statement of material facts and show you have issue with it and that the case needs to go to trial. Evidence is not weighed in an msj, only at trial. In am msj they are saying there is nothing disputed and that there are no issues of material fact and no reason to go trial because you agree with this and have no issues otherwise. Any evidence you may have or dispute can be introduced or objected to at trial. You don't argue the case at an msj, you just have to show that there is an argument (that needs to be heard at a trial), then you will defeat the msj and get a trial date. You don't have to prove anything or beat their case here, you just have to show that there are materials issues that need to be settled at trial.
  8. The plaintiff (assuming it's a jdb) will do plenty that is against CA law, and will have a hard time proving anything in accordance with the rules of evidence and authentication (which is where you should focus). You answered the complaint and knew about the case, so you weren't damaged by lack of service. If you missed a trial date or went to default because of it then that would be a different story. I wouldn't worry about the service, fight the case, and object to the evidence.
  9. I think you had a cmc that was vacated. You may have to call the clerk just to make sure. Plaintiff may be responding to a cmc that was vacated. You are supposed to fill out a cmc statement 15 days prior to a cmc, but you need to have a cmc scheduled to do so, and you need to go to the cmc (if one is on the docket).
  10. Agreed 100%. The courts here really aren't the least bit concerned how you were served.
  11. It's comments like this and people like you that are a real disservice to members here. In this thread the OP disputed the "bill" and even got it removed from her credit report, so there's nothing other then yourself (and plaintiff) at this time even acknowledging it as a bill, when clearly you have no information about it. No one does. And, once again; you were asked to move on, this time by a moderator @BV80
  12. We now have to go through this with you on every Cali thread even though you've been asked to leave numerous times by the OP's. You don't do any good for defendants here and no one needs a resident troll to "help".
  13. There is no "docketing dept" that is going to help people get a continuance, and it is extremely unlikely to ever get a continuance in CA. a motion for continuance is also a lot of work.
  14. It takes a long time and work. That's why I wouldn't rush getting the complaint. Always use time against them. Keep an eye on the docket and they will serve you when they get around to it. The court is giving them 2 years before they get concerned about it (that's what the OSC hearing about).
  15. Regardless of what's in the complaint your response is most likely going to be the same. It's either going to be a general denial or an answer form, so there's no rush to see the complaint (and it was just filed). You can still start learning now and do research before you are served. I personally would wait to be served, but you can go get a copy as you said.
  16. That's not the trial hearing, it's am order to show cause hearing for why plaintiff shouldn't be fined for not filing for default judgement and or showing proof of service (if you ignored the case and 2 years passed by).
  17. My local rules say no highlighting of anything due to its possible effect on scanning and copying, and for that reason I never highlighted. I doubt any issue will come of it, but personally I wouldn't, and if I did; I would use a yellow highlighter. Again, I doubt anything will come of it (but I can't recall ever seeing it done), the main thing is to get it filed and served on plaintiff. I don't think people harbor any sore feelings or wounds here, it is very common to have to weed the trolls out of the threads. They usually aren't that persistent and disappear in the first few pages, as they really aren't trying to help anyone.
  18. Obviously there is something wrong with you other then being a troll. His motion hearing isn't until July, the rest of us are now in May. Serving the plaintiff the same day as filing is a good safe method but it wasn't what happened nor was it an option at the time. The OP has been saying all along he is going to serve it ASAP and explained the reasoning behind it. Give it a rest already. Oppositions and replies to them don't all have to be filed within the next15 days. A notice of a motion hearing and motion must be served at least 15 days prior to the hearing +5 for mail service. I told him he had to serve 20 days prior to the mtc motion hearing at the latest. You were asked by the OP to leave his thread, why don't you do so? Get a hobby.
  19. Well said. I think it carries more weight when it comes from the people they are supposedly trying to "help" and they can see that the OP's feels this way as well.
  20. Thank you, please do....This may very well be the best advice ever posted in these forums. Constant comments from trolls is one of the top reasons quality members stop posting when they could actually help. It really doesn't take that much time to help people with what you already know (or point them where to research), it's dealing with all the delays from the useless information and bachground noise from worthless members.
  21. I did say he can serve it earlier then the 16 days and that it was also a good idea. Not only that, but the rule has been posted here. You aren't telling anyone anything that hasn't already been posted, and you aren't doing any good for OP's here either.
×
×
  • Create New...