theMagi In Cali

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About theMagi In Cali

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  1. That case law would be great. I attached their admissions to the back of the forms I sent you. I do believe there is a "gotcha RFA" in them. Maybe more that one.
  2. Hi calawyer. I just checked the account online and seems that a motion was filed on 06-26 for judgement. Hearing will be on 07-24-17. Any suggestions?
  3. Also it would seem I need to file the proof of service by July 26th.
  4. Thank you so much calawyer. But I believe I have 16 court days prior to hearing to file so that would mean file by July 16th and an addtional 5 days to serve via mail so that means I have to send them the motion by July 5th. Does that sound right? These are the local rules: Motions Generally must be served and filed at least 16 court days before hearing, with an additional 5 days notice given if served by mail within California, an additional 10 days notice if served outside of California, an additional 20 days notice if served outside the United States, or an
  5. Thank you calawyer. I did go head and made the change of address as well as set a date (08-03-17) for the hearing on the motion to be relieved of deemed admissions. Attached is a copy of the motion I plan to file. I am a looking for your input (or anyones for that matter). It feels very simplistic but that is the best I can do on my own. I got the sample from a self-help link for the Sacramento Court house. I deleted any reference about local Sacramento rules. Also Attached at the end is a copy of the admissions I need to respond to. I was also hoping to get some guidance on this. I
  6. calawyer if you have some advise, I found the following. 1: Wilcox v Birtwhistle the court found that: Construing subdivision (m) to permit the withdrawal or amendment of deemed admissions is consistent with the Legislature's intention to remedy these problems. By eliminating the time limits on obtaining relief, subdivision (m) is much less draconian than the previous practice — which only gave a nonresponding party 30 days after receiving notice of the deemed admissions to obtain relief. Applying subdivision (m) to deemed admissions also allows the trial court to tailor the sa
  7. Also the hearing (motion) to admit the admissions has been herd and minute orders states it has been admitted.
  8. Hi guys I have some bad news. But I am hoping you guys can help anyway. The above mentioned case went with out activity since Sep 2016. But in May Admission were sent to me. (I did not get them my own fault since I moved) and I did not respond in time to the date of the hearing for the Motion for Admissions which was in May of this year (05/04/17) So as it stands the Admissions have been admitted in to evidence. So am I screwed. If all their admission are now by default true is their any defense? The admissions are basically this: I had account xxx, Account XXX
  9. No there is none on the caption. I just finished calling the court who informed me that not hearings have been scheduled. No the address is in the state but more that 300 miles away. I understand the maybe I will still subpoena once a trial date is set. Seems the CCP 96 will be something I should start preparing as well as a MIL for this declaration in lieu of live testimony. Anything else you suggest? As I undesrtand even if the person named on the CCP98 does show up to court, because they are an employee of Midland Funding and not of the OL, she would not be
  10. I say this is a Zombie Case cause it had no activity or signs of life for almost 3 years. 1. Who is the named plaintiff in the suit? I am 2. What is the name of the law firm handling the suit? Hunt & Henriques 3. How much are you being sued for? ~2300 4. Who is the original creditor? (if not the Plaintiff) Chase (Actually Washington Mutual) 5. How do you know you are being sued? (You were served, right?) Served in 09/2013 6. How were you served? (Mail, In person, Notice on door) Personal Service 7. Was the service l
  11. Thank you Homeless, I have been following your thread which has been very informative. Could you (or anyone) provide some insight on what the letter requesting verification is? As to the BOP, I have seen some samples on some threads that I am going to go look at. But if anyone has a good sample on hand I would appreciate a link.
  12. Wanted to give everyone an update on my case. I had Untill yesterday to file my response and did so last week thanks to everyone's help. The online status of the case reflects the response as filed and served. Could I get some confirmation on my next step? I plan to send them a request for a BOP. I know they will object to it and blah blah blah. Should that be my next them or should I ask for standard discovery first? Thank you all.
  13. I did read it and you are right. I did see though that one of the options is to pay it in installments. I might ask for that.