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NotaLawyer's Achievements


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  1. Sorry... maybe you missed my remark, I'm NOT PAYING A CENT!
  2. Anticipating a case dismissal/settlement agreement (though not what it will be called for various reasons)... JDB asked what it would take for me to agree to settlement if I agreed to drop pending future FDCPA/RFDCPA suit and agreed NOT to post anything with name of JDB... (btw - I pay $-0-) I have my own wish list of what I want to see in the agreement, but was looking for input from all of you clever people to see if I should add additional items that I may have not thought of. Thanks in advance for your input.
  3. RELATED OFFSHOOT QUESTION: Should I consider trying to get the issue of legal standing bifurcated? If so, when and how would I go about this? Or should I just wait to go the course on the discovery to serve on the Plaintiff (planned for next week)?
  4. ^ I'm so sorry once again - still having computer problems that are stopping me from correcting/editing post that shows characters where I did not place them. Should be: (b ) Summary Adjudication (c ) Bifurcation
  5. Too bad about my letting the Motion to Exclude fall through the cracks. Learn from my mistakes. Well, time to go forward and not worry about what I should have done, or could have done... As to Local Rules - this is what I found - and it does not seem to address the issue directly. As such, it appears that I would be able to combine them IF I followed the rules. LASC LOCAL RULES effective July 1, 2011 3.57 MOTIONS IN LIMINE (a) Required Declaration. Motions made for the purpose of precluding the mention or display of inadmissible and prejudicial matter in the presence of the jury must be accompanied by a declaration that includes the following: (1) Specific identification of the matter alleged to be inadmissible and prejudicial; (2) A representation to the court that the subject of the motion has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that counsel has refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted in evidence; (3) A statement of the specific prejudice that will be suffered by the moving party if the motion is not granted; and (4) If the motion seeks to make binding an answer given in response to discovery, the declaration must set forth the question and the answer and state why the use of the answer for impeachment will not adequately protect the moving party against prejudice in the event that evidence inconsistent with the answer is offered. ( Summary Adjudication Improper. A motion in limine may not be used for the purpose of seeking summary judgment or the summary adjudication of an issue or issues. Those motions may only be made in compliance with Code of Civil Procedure section 437c and applicable court rules. © Bifurcation of Issues Improper. A motion in limine may not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues. That motion may only be made in compliance with Code of Civil Procedure section 598. (d) Timing of Ruling. The court may defer ruling upon a motion in limine, and may order that no mention or display of the matter that is the subject of the motion be made in the presence of the jury unless and until the court orders otherwise. If the court so orders, or if the motion is granted, it is the duty of counsel to instruct associates, clients, witnesses, and other persons under their control that no mention or display be made in the presence of the jury of the matter that is the subject of the motion. (Rule 3.57 new and effective July 1, 2011) Of note: Not real happy with 3.57(a)(2) - Really kind of spoils the "surprise" element of filing the MiL! What is the opinion of this board about the word "discussed"?! Do you think written communication properly certified return receipt would cover this? I could see sending out a letter and giving the Plaintiff 5 days for a response before I filed - that might work.
  6. In my case the Plaintiff had the complaint for; breach of contract, money lent and account stated. I served a BofP and got what I believe to be faulty results back. I did a couple of Meet and Confer letters even though I believe it isn't required for the BofP. I've HELD OFF on the Motion to Compel because I'm personally going to try and use the strategy of filing a Motion(s) in limine later and in the meantime will be doing my own discovery now that I know what the Plaintiff has or in this case what they don't have. You might want to try and reconsider the Motion to Compel on the BofP... Comments made to me were along the line of why allow the Plaintiff the opportunity to supplement via the motion - why not try and get the issues/docs/evidence excluded? At any rate, good luck - I'm right in there with you.
  7. Yes it is something I need to do further consideration of - and again would love to have Calawyer drop in for some input on this issue. FYI... There is NO AFFIDAVIT!!!! (which frankly amazed me). The Plaintiff sent, as Seadragon so eloquently said, "crap". I believe that the Plaintiff realized he screwed up with the validation letter (giving me the wrong account #) and that is why he left off not only any reference to the original creditor but also left off any mention of any account # in the actual complaint! And of course it was an unverified complaint with 3 causes; breach of contract, money lent and account stated.
  8. ...Let me ask another question based on your comments here - I am almost done with my discovery (which I believe I've done a vg job on - LOL at least in my own mind). Doesn't the discovery I propound on the Plaintiff reopen the door for the Plaintiff to provide further documentation that wasn't provided in the BofP? And if so, wouldn't that be the back door the Plaintiff would need to "add" to (which I really don't want). So in other words, how can the Plaintiff be limited to the docs sent in response to the BofP when I've asked them for additional docs in my discovery propounded on him? I see my Discovery as a double-edge blade here. However I really can't ignore some of the devastating Admissions I've got, and with the attachment of the exhibits where he must acknowledge his own statements, I've painted him into a corner with the fact that he failed to do a proper validation, etc. And yes there is that "play with them a little" - LOL !!! The more that he has to spin his wheels and sweat it out and wonder/worry makes me a very happy camper.
  9. That's a very good idea - I'll be filing my CMR soon so I'll make it a face to face talk with the clerk before they start up for the day. I wasn't able to find a specific answer in the local rules as to combining or separate MILs...
  10. I would love it if Calawyer could address the matter of combining... And thank you for your input as well!
  11. I've been getting recent input from "another site" in which some of the lawyers are saying that typically each piece of challenged evidence would get its own motion and within each motion I can argue multiple reasons why it should be precluded. If this is indeed the case, then it appears I WOULD need a Motion for EACH Bill of Sale and a Motion for the Statements = 3 Motions. Too bad - more work, but want to make sure I prep it properly ahead of time and not get the motion(s) denied.
  12. Thank you Seadragon for your input. Maybe I should also be more specific as relates to my case...<br /> I have received what I believe to be faulty documents in response to a Bill of Particulars I served. I received a illegible, page numbers non-existent (impossible to tell if all pages from same document), improperly dated (subsequent to the actual commencement of the account) terms and conditions agreement. I received two (2) "Bill of Sale(s)" which of course do not provide any PII and reference account schedules that were not included, have dubious signatures, etc - I received partial account statements (for Account * *IMPORTANT NOTE HERE: The validation letter sent to me by the Plaintiff had Account A (NOT MINE!), The Complaint for Money was unverified and referenced NO ORIGINAL CREDITOR by name/address and NO ORIGINAL ACCOUNT # (or any account # for that matter). And finally in the response I sent back to the Plaintiff in response to their Discovery I objected to their use of Account B (which was mine) and did not provide any responsive information while correctly objecting and making other responses as applicable. The Plaintiff sent M&C letter admitting their mistake and the Account A they used when validating the debt was indeed not mine, but belonged to another defendant and that the Account B they referenced in the Discovery they propounded on me was correct. I'd like to focus on getting all of these responses to my Bill of Particulars excluded and think I might have foundation for this in various examples I stated above, as you pointed out; business records, inadmissible evidence, foundation, etc.; But do I have to prepare a motion for each document, i.e.; Bill of Sale (A), Bill of Sale (, Statements = 3 Motions? Or combine them into 1 Motion using the multiple reasons? Again - much thanks for the quick response</p> ----------- Forgot to add... I am of the opinion that it would serve me better to do the Motion in limine vs. a Motion to Compel. The strategy of getting the items excluded right off vs. giving the Plaintiff time to pull together more items to supplement his response.
  13. Let me start out by saying I HATE being in the position of having to defend myself in pro per against a Junk Debt Buyer in Los Angeles County. I find the whole process stressful and frustrating and would love to hide my head in the sand until it all goes away. It's tough trying to learn on the fly and prepare the best defense possible (although boards such as CI are amazing!), etc. However, now that I've made my official moan and groan, I do realize that my best defense lies in preparing myself for a long haul, in anticipating and preparing for each step of the process BEFORE the issue becomes urgent. Even though I have not even had a trial date scheduled (CMR coming up in about 2 months), and I am still in the process of propounding discovery on the Plaintiff, and I anticipate trying the 'ol Motion to Dismiss I need to also focus on what I believe will be my fall-back before trial... Motion(s) in limine! I've been researching how to prepare a proper Motion in limine and have found some good information already. For example, I have found that some of the common types of motions in limine have included: - Evidence that consumes unnecessary time or duplicative testimony or evidence - Evidence that creates a substantial danger of undue prejudice - Evidence that confuses the issues or is misleading when weighed against the probative value of the challenged evidence - Evidence that lacks foundation - Inadmissible business records or other writings relied upon by a witness - Evidence that raises authenticity issues - Evidence that would be barred by the discovery rules - Exclusion of experts not disclosed in response to a CCP 2034.10 demand - Exclusion of witnesses not listed in the witness list - Exclusion of expert opinions based on speculation - Limiting expert opinion to those opinions provided in deposition testimony - Opinions from lay witnesses - Limiting witnesses to only those identified in discovery There are many items in the above list that I strongly believe I could lay a foundation. I want to throw a wide net over the foundations to exclude... if it works, then without the evidence then it subsequently leads to the logical dismissal (hopefully with prejudice). --------------------- What I have not found is an answer to my questions (remembering that this applies to Los Angeles County Superior Court): Can I combine several of these types/basis issues into a single motion? If not, why not? If so, how would I go about structuring the Motion/Title, etc? Any other input? Thank you all in advance for your assistance in this matter! I look forward to hearing from you.
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