dodgetruxman

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About dodgetruxman

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  1. Well my opposition that I filed worked. I got a letter from the court say that the plaintiffs motion was denied. So it finally looks like I will have my day in court after all this crap and arbitration. Now its time for me to get my ducks in a row. I need to serve discovery upon them. what else should I file, I want to nip this dam thing in the butt!
  2. I think I will type up a memorandum and give it to the court clerk on Friday the Hearing is Monday. I've got to get this to trial and I think they will drop it. I just received this from them yesterday. HP yes they did file the MSJ with the court and fee, I also filed my opposition to MSJ to the court with the fee. what would be a proper format and title for this? Just type it up as a short paragraph or two? I had no idea they could even file a response to my opposition to MSJ
  3. Now that I have filed my response, DNG has filed a response to my response. This is a major headache! The hearing is on the 6th on Monday. Im not sure there is anything I can do besides wait and see if it goes to trial or the Judge grants their MSJ
  4. the version I had cut and pasted on the last page is the one I sent in. hope I hear good news back.
  5. IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LANE COUNTY PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff, vs. me, Defendant ) ) ) ) ) ) ) ) ) ) Case No.: DEFENDANTS OPPOSITION TO PAINTIFF’S MOTION FOR SUMMARY JUDGMENT Comes now the Defendant, pro-se in response to Plaintiff’s Motion for Summary judgment. Hereby moves the court to deny Plaintiff’s Motion for Summary Judgment. Plaintiff is not entitled to summary judgment as a matter of law. In the opinion of Defendant, this opposition is well founded in law,and is not interposed for the purpose of delay. 1. POINTS AND AUTHORITIES In support of its motion, Defendant relies upon ORCP 47. Defendant’s Memorandum in Support of motion to deny Plaintiff’s Summary judgment, the declaration of, filed concurrently here within, and the pleadings and papers on file in this case. 2. OPPOSITION OF SUMMARY JUDGEMENT Pursuant to ORCP 47, Summary judgment is inappropriate where disputed issue of fact exists as to diligence in discovery of fraud so as to commence limitations period. Forest Grove Brick Works v. Strickland, 277 Or 81, 559 P2d 502 (1977). I Defendant, Deny the alleged debt, which creates a genuine issue of material fact. a. Defendant’s Answer did not admit key allegations of the Complaint. b. Defendant did not admit additional allegations through Discovery. c. There is no Substantial admissible evidence against Defendant. Plaintiff’s documentary evidence in this matter consists of random account billing statements, in which do not show account from zero balance to close. Furthermore there is no contract between Plaintiff and defendant. 3. FACTS The Defendant still must complete discovery. Per Oregon Rule 36. "Generally, summary disposition is premature if granted before discovery on a disputed fact issue.” Marilyn Froling Revocable Living Trust v Bloomfield Hills Country Club, 283 Mich App 264, 292; 769 NW2d 234 (2009). 4. ARGUMENT Plaintiff argues that Defendant’s answer does not raise a genuine issue of material fact, where as in fact the Plaintiff’s summons failed to put forth any material facts warranting a Judgment. "Summary judgment is appropriate only if the pleadings and designated materials considered by the Court show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." "There is a genuine issue of material fact when reasonable minds could differ on an issue after viewing the record in the light most favorable to the nonmoving party." West v. Gen. Motors Corp., 469 Mich. 177, 183, 665 N.W.2d 468 (2003). "The moving party bears the initial burden of showing that there are no genuine issues of material fact to be decided at trial." Celotex, 477 U.S. at 323, 106 S.Ct. 2548 This plaintiff-debt buyer’s summary Judgment motion is as deficient as in Davis v. County of Clackamas, 134 P. 3d 1090 - Or: Court of Appeals 2006. Held before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges affirm that "Subject to the provisions of ORS 40.415 [regarding expert testimony], a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness." There is nothing that suggests the certifying attorney had any firsthand knowledge concerning the exhibit or facts contained therein. The documents were at best hearsay. One who has no knowledge of a fact except for what he has read or for what another has told him cannot provide evidence to support a favorable disposition of a summary Judgment. See Pressler, Current N.J. Court Rules, comment on R. 1:6-6 (1994), and the cases cited therein. Sellers at 428-29 Thus, the opposition here fails to submit any admissible evidence. Instead, Plaintiff raises specious arguments which misconstrue the purpose of the Summary Judgment motion. For the reasons set forth in Defendant’s Motion Plaintiff, bearing the burden of persuasion, could have defeated this motion only by showing there is admissible evidence. Default Judgment also fails to establish a debt buyer’s prima facie case. “A creditor must prove more than merely the total amount remaining unpaid. Instead, as required to obtain a default Judgment by Rule 6:6-2(a), the creditor must set forth the previous balance, and identify all transactions and credits, as well as the periodic rates, the balance on which the finance charge is computed, other charges, if any, the closing date of the billing cycle, and the new balance.” 5. CONCLUSION Plaintiff’s submission does not satisfy the standard and, therefore, is insufficient in its motion. For the foregoing reasons and those set forth in the Defendant’s Motion, Defendant respectfully requests that the Court grant him this opposition to Plaintiffs Summary Judgment and also files a Motion for dismissal with prejudice. The foregoing with the attached papers, constitute the total response of this Motion Defendant, and the undersigned certifies to the filing of the original thereof and service upon the Plaintiff of a true, correct and complete copy thereof, including all attachments. I hereby certify, under penalties for perjury, that the foregoing answers are true, correct and complete. ________________________________________ Signature ________________________________________ Name Typed or Printed ________________________________________ Capacity in which signing SUBSCRIBED AND SWORN to before me on April 16, 2013 ________________________________________ Notary Public for Oregon My Commission Expires:______________ Lane County Circuit Court CERTIFICATE OF MAILING On April 16, 2013, I caused to be served the foregoing documents described as DEFFENDANT’S OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT via Certified Mail Return Receipt on the following: Daniel N. Gordon, PC Attorneys and Counselors at Law 4023 W 1st Ave / P.O Box 22338 Eugene, OR 97402 I declare under penalty of perjury under the laws of the State of Oregon that the above is true and correct. Dated APRIL 16, 2013 me (Defendant) The foregoing is an original document. me (Defendant)
  6. I have made my opposition for summary judgment but cant paste it here? I want to get it up so yall can take a look
  7. I Think after I file my response to their MSJ I will file for a Motion for dismissal without Prejudice, If I can Im not sure if that can be files after a MSJ. does anyone know? these rules and laws rly can get complicated.
  8. Thanks HP! how did your battle with DNG turn out. This info helps a lot, I need to get crackin and get this sent off, as I believe I only have 14 days to respond to SJ.
  9. I will gather there paper work and write up a summary of what they are saying. yes they did include an affidavit with it. From my understanding a Summary Judgment is there way of asking the court to grant them judgment and not go to trial, they think they have all the evidence they need. This DNG really is a persistent pain they wont stop at all, and I am going to go all the way with this if it gets to that point and I think it will unfortunately.
  10. This is how my appeal was worded minus the beginning stuff with plaintiff defend case legal stuff. THE ARBITRATION AWARD IN THE ABOVE CAPTIONED CASE WAS FILED ON THE 25TH DAY OF FEBUARY, 2013. A NEW TRIAL FOR ALL PARTIES ON ALL ISSUES IS HEREBY REQUESTED BY ___________________, DEFENDANT, THIS APPEAL IS FILED WITHIN 20 DAYS OF FILING OF THE AWARD AS PROVIDED BY ORS 36.425 (2) (a), AND THE TIME PROVIDED BY ORCP 10C, IF APPLICABLE, AND IS ACCOMPANIED BY THE REQUIRED FIRST DAY TRIAL FEE AND DEPOSIT.
  11. I will look this up on the circuit courts web page. Any help is appreciated! Just when I think im doing good at all of this it causes even more stress