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 additional 2 calendar days notice if served by facsimile or express mail. (CCP §1005(b).) Papers opposing a motion or replying to an opposition are to be served so that delivery is ensured to be made to the other parties no later than the close of the next business day. (CCP §1005(c).) This time frame includes motions for summary judgment/adjudication as well. Proof of service of the moving papers must be filed no later than 5 court days before the hearing. (CRC 3.1300(c).)
  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 tried to follow Medics but I got lost somewhere along the process. Please any guidance would help. Thank you. relief-from-admissions-motion_1.pdf
  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 sanction to the severity of the discovery abuse.[6] Any concerns about potential harm to the propounding party are alleviated by the need to show no substantial prejudice and the availability of additional sanctions. (Ibid.) In contrast, precluding the withdrawal or amendment of deemed admissions is arguably more draconian than the previous practice because the nonresponding party may have as little as 15 days — the minimum notice required for a motion — to avoid an irrevocable admission May this apply? I noticed that I could not find (m) on 2033. but I did find (b) on 2033.300 (b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party s action or defense on the merits. thoughts?
  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 was issued by Chase The balance was $$$$ on XXXX date. I have made no payments since XXXX Account XXX was sold to Midland on YYYY Midland is the owner of XXX Thoughts?
  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 able to substantiate ownership of the account because she would not have personal knowledge of the the OL's business practices. Which is a necessary component in order to admit testimony that would otherwise be considered hearsay. Correct?
  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 legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Dont remember, little to none 9. What state and county do you live in? Fresno, Ca 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) As per JDB 7-11 (was within SOL at original time of filing) 11. What is the SOL on the debt? To find out: 4 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Status Open no pending dates However case was in a state of inactivity for almost 3 years. The last activity was in 09/16 when a affidavit in lieu of testimony was filed. I just found out about this today because I was called by place where I used to live that I received some important documents in the mail. So I checked the court website and seen their CCP 98 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes in 2013 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? See question 12 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Other than the original filing which was unvalidated and the current CCP 98 nothing much has been filed or happened. I did of course file a general denial and response back in 2013 in a timely manner. I did wish not to stir the pot since it seemed I might be able to wait the 3 years to have the case dismissed due to lack of prosecution but it seems they did The CCP 98 just in time. Im a bit at a loss because the case does not have any pending court dates. No pre-trial hearings or CMCs scheduled. I also have not received anything else. My questions: 1: the address on the CCP 98 is in excess of 150 miles, should I do nothing with that and simply file a MIL when the trial is scheduled? 2: Do I need to file a change of address with the court? 3: if they had asked for interrogatories and admissions would those have had to be filed? 4: I have some experience in criminal and civil law due to working as a court interpreter, but I want to act as much as novice as possible in order to not show my hand. Is this the course you would recommend. Besides a CCP 96 before trial, a brief and MIL with Supporting Argumets is there anything else I should have on my radar? Thank you you all in advance for your time & consideration.
  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.