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Anon Amos

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Everything posted by Anon Amos

  1. The problem at hand is that you keep trolling the CA threads for your own amusement when you aren't really concerned about the OP cases or know the rules here. The OP has not served the plaintiff YET, nor do the rules require it. He hasn't refused to serve, perjured himself, or sandbagged anyone (that's just you trying to stir the pot) The OP has to serve them 16 days prior to the motion hearing. Plaintiff's file complaints and wait for months to serve defendants. Motions, responses, proofs of service, etc , etc, must be filed timely and in accordance with the state and local rules (not what you believe most jurisdictions call for). @smitty009, you can serve them the mtc arb earlier then the 16 days, you don't have to wait. It may be a good idea to send it to them now just incase they drop the MSJ (unlikely) and head towards arb,
  2. There is only one jurisdiction the OP is concerned with, it doesn't matter what other jurisdiction are doing. Maybe you could go "help" people in these other jurisdictions, No one said a thing about doing that. The proof of service doesn't have to be filed with the motion nor is the OP late for serving notice on plaintiff. The OP isn't late for giving plaintiff notice and even if he was it wouldn't be perjury. You really get a kick out of clogging up these threads with no understanding whatsoever of our rules in CA. You aren't helping anyone here. There's no sandbagging going on. The OP will respond to the mtc at the appropriate time and in accordance with the rules (most likely has until 9 or 10 days prior to the msj and that is only if he loses the mtc arb). The OP is in pretty good hands (from people that are here for the right reasons and know the CA rules) and all the issues are being addressed without you making it difficult.
  3. 15 days may be cutting it close, but you need to see what your local rules say. I believe the CA Rules of court (and most local rules you have to serve them 10 days notice + 5 for mailing ) so you send your motion you filed with the court at least 15 days prior the hearing date. You can send it to them sooner, but you can't be later than the 15 days. I always sent them 20 days prior to the motion hearing date and made sure the court had ne on calendar to appear (it sounds like you have done most of this) read your local rule sand see if you are on the "tentative ruling system" and see what it says
  4. You did good here, because if they had the msj before your mtc arb, you may have lost the msj before your motion was heard. This way your mtc arb will be heard before their msj, showing the court there is in fact no need to hear their msj, because you have a right to arb, and that is where the case will be heard. You have to see your local rules for filing motions. You must have gotten on the calendar if you have a date set. Motions need a notice (the date the hearing will be), Points and authorities, and a declaration. You need to give the plaintiff at least 15 days notice of a motion, as well as a copy on the motion. It sounds like you must have filed something and gotten on record, so you always have to send plaintiff a copy of what you file with the court. They are suppose state age, but you need something stronger and more of an issue (this is just filler) Again, you need more issue (this is filler). No it doesn't, especially if you didn't sign anything. What matters is you need to show a trialable issue, a material fact issue and reason that this needs to survive the msj and go to trial. (this is only relevant if you happen to lose the mtc and have to fight the msj) This would be an issue of material fact that you could use against and msj. These questions would require the court allow you to exercise your right to trial and therefore defeat their msj. Another issue Is that you have a right to arb and requested it etc. No, they don't need a witness for an msj, because an msj basically needs to be un apposed and no issues at all to require a witness and trial. You have to present the issue to defeat the msj, then it would go to trial where you would use theses issue to show the witness is incompetent to testify. They would probably use someone on a declaration and you would subpoena the witness. All of this is only relevant if you don't end up in arb and head towards the msj and trial There's plenty of help here although the site isn't the quality it once was.
  5. There are no "magic bullets". If you want arb then I would do both: file the mtc arb ASAP, AND, prepare for and file an opposition to the msj . I would assume you would notify the lawyer you want arbitration as well as contact JAMS (some of the people who prefer arbitration will know about this).
  6. Unfortunately the Cali threads are no longer troll free at the time. It is 100% not personal. All of these cases are about economics. And yes it is normal.
  7. Not to mention that the court as well as your opponent will have no choice but to view you as a complete fool. It's sad to see this garbage in the Cali threads after all the effort that went into them, and all the victories that comes out of them.
  8. Hope you stop posting in Cali threads. You aren't helping any defendants here. The OP has the same hope as anyone else did here, the hope that they can get a dismissal. He has no money and is on disability, so not only can he get fees waived; his income is collection proof. Also, he got sued, so he has no choice but to respond to events that will take place in the litigation, and without the funds he can't settle (and needs that money to live on). I have seen Cap 1 dismiss here in CA 4 times, and the lowest amount case was $10k, the others were all around $20k (and I can assure you it was done without your "help"). They didn't "spend some real money to get a $20k judgment" which is just a piece paper when there's nothing to collect. These people knew if Cap 1 paid to get a witness here then the case was over for them and they would be collection proof anyway, or, it would get dismissed. They also knew they didn't have money or a lot of choices in the matter.
  9. Assuming you can get past their msj: you aren't very attractive to them as far as a law suit goes (even if they did have a right to try to collect from you for 20 more years), and in Cali they would need a live witness to appear at trial. Also your disability income is safe from garnishment anyway, so you are basically collection proof.
  10. No, you have to show 1 reason (issue of material fact) why it should be allowed to go to trial, where it can then be heard and ruled on the merits. They are saying there's absolutely no reason why this case should be tried because there's no issues at all, everything is as they say it is and it should just be ruled in the plaintiff's favor now, rather than going to the expense of trial. As Skippy said, there's no reason to continue a motion to deem RFA's admitted because you answered them.
  11. What is your purpose here? How are your comments (in the Cali threads) supposed to be of any use to defendants being sued here?
  12. You don't need to assert lack of standing, or anything else. You have denied all allegations with the general denial, and plaintiff bears the burden of proof.
  13. I would say it's close enough to claim the SOL as an affirmative defense.
  14. One area where you attack this case is their proof of "assignment" that they actually own a debt you were obligated to pay. Also, they need to lay a foundation for any cc statements they try to introduce into evidence, and need a live witness to do so.
  15. They don't have to file anything with the complaint, they don't have to prove anything in the complaint. You can file a motion for summary judgment but it's not recommended. You would have to have a firm understanding of all the rules and be able to draft motions very well. It's very hard to win a summary judgment that is being opposed. The only affirmative defense that does you any good is "time barred by the statute of limitations". If you can claim that defense then you should use it in the general denial. You can send a demand for BOP before you answer the complaint and it's a good idea to do so. Don't be late answering the complaint however.
  16. Congratulations! You did a great job, I'm very happy for you. Get your cost back (there's an easy form for this, and a lot of people here who have done it and know the steps)
  17. Did you get the complaint against you as well? That is what you need to answer. The court's in Cali don't get too concerned by "sewer service". Technically you have not been damaged by this and you know a suit has been filed against you, so you have been served. Do some research here, file a general denial (assuming the complaint isn't verified), and send them a demand for a bill of particulars (BOP, CCP 454).
  18. They may be saying they couldn't reach you for service and mailed the complaint to you, or left it with left it with someone else etc. You would need to see what the declaration says. I would go to the court and get the complaint and answer it. I wouldn't want anything to do with arbitration. Get a copy of the declaration as well.
  19. The best way (if it's a possibility) is to call them and negotiate a better deal. If you have the money; you can offer them much less, and pay it off in one lump sum instead of monthly payments. Some people have made the offer on a take it or leave it basis. If not, make sure you get receipts for your payments, and be very careful if you make payments to a bottom feeder.
  20. Probably not. Unless you believe it may be past the SOL, then you really don't need affirmative defenses. I wouldn't use arbitration in Cali. We have good laws and a good win rate here, and arbitration isn't nearly as effective as people claim in CA. I would demand a jury trial if it were mine, but I suspect that it wouldn't be for most people. It adds a very large amount of paper work and preparation. You also have to pay the jury fees. No problem. @BV80 Can you move this to the legal section?
  21. Very few people are ever able to upload files here. When your post aren't answered; post the word "bump" so your thread will come up to the top again. The threads get lost here. You don't need to file any motions for your RFA's to be accepted, but you do need to get to the plaintiff's motion hearing and defend your position that you did answer their RFA's. You may have been untimely answering them but plaintiff wasn't damaged by this mere oversight,
  22. There are several people here who can help you with what needs to be done, and you still have plenty of time to file your answer. It sounds like you are collection proof anyway, so don't get too stressed over this. Concentrate on getting things straight for you daughter, but just don't be late answering the complaint.
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