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Found 2 results

  1. Hi all. I've read all I can about how to handle a lawsuit with Hunt and Henriques. However, there are some things going on that weren't covered and I'm a little off track. Help? Below are events and questions pertaining to those events. Please someone assist me. Here is the order of events and next steps: Case Filed: Mar 16 2021 Served: Apr 1 2021 Defendants Answer: Jun 21 2022 (i know late) Bill of Particulars: Jul 7 2021 Plaintiff responds by attaching account statements. A person not a part of the case signed the paper with the wrong date and a name crossed out. ??? The Plaintiff (lawyers) have filed most of their papers using someone not a part of the case and with inaccurate dates. Is that a thing I can do something with ??? ??? does anyone have a case record in California that proves account statements are not valid proof ??? Case Management Conference: Scheduled for Aug 19 2021 Plaintiff files Case Management Conference Statement : Jul 21 2021. claims we met and conferred which we did not. Plaintiff send requests for Documents, Admissions, Interrogatories. Set One : Dated May 10 2021 - actually sent Jul 20 thereabouts. Defendant sends responses to Request for Documents, Admissions, Interrogatories : Dated Jun 26 2021 to be in accordance with time frame. Proof of Service sent. Filed with the court on accident, actually. Sent Certified Mail but forgot Return Receipt. Plaintiff files Motion for Order That Matters in Rqst for Admission of Truth of Facts be Admitted, Along with Proposed Order : Dated March 16 2021 : Filed Jul 25 2021. Based on fact that they never received the Response. Defendant files Memorandum and Evidence in Support of Opposition to Plaintiff's Order for Facts be Admitted : Aug 16 2022 Defendant files Case Management Statement : Aug 17 2022 Case Management Conference : Aug 19 2022 - Trial Date Ordered for Jan 9 2023 Plaintiff's Motion for Facts Admitted is Denied. Oct 3 2022 ... out of sequence ... I know that Bank of America doesn't have an arbitration clause but I found some other compelling arguments so I tried this... Defendant Files Motion to Compel Private/Contractual Arbitration To Stay Proceedings Pending Arbitration : Jul 7 2022 : Recorded Aug 23 2022 in Court records. Plaintiff sends me Memorandum in Opposition to Motion to Compel Arbitration : Jul 25 2022. Doesn't appear in Court Records. Defendant Files Reply to Memorandum in Opposition : Aug 10 2022 ??? Court returned Motion WEEKS later stating I didn't pay $60 and to re-submit original(s)... Should I re-submit this Motion at this point ??? (Today is Oct 10 2022 and a Trial date is set for Jan 9 2023) The is also a returned Defendants Reply to Opposition of Arbitration stating I didn't pay $60 and to re-submit. ??? yes / no Next Steps: Defendant will send Request for Production of Documents : End of Oct 2022. Any and All types of evidence. ALL DOCUMENTS relating to or constituting ANY assignment between Defendant and Bank of America ALL DOCUMENTS relating to or constituting ANY assignment to plaintiff ALL DOCUMENTS constituting statements of alleged account number ending in 6839 showing all payments and credits from inception until present (WHICH THEY ALREADY HAVE AS AN EXHIBIT IN REQUESTS FOR DOCUMENTS, ADMISSIONS, INTERROGATORIES) Defendant will File Motion to Compel Bill of Particulars : Nov 2022 ??? yes / no Defendant will subpoena witness(s) propounded as evidence to back up the bank statements ??? yes / no Then what ??? Next Steps ??? QUESTIONS: Is there a successful example of a motion in limine to prevent the use of any evidence at trial ?? When do I file this ??? Do I file this ??? Am I missing anything? Am I screwed? Help? Kevin
  2. I was sued by Midland Funding -Open Books Account- Trial date set for November 10 Today is 31 days out and I received their CCP 98 today; I did send a CCP 96 overnight mail to be delivered tomorrow (day 30). I am going to subpeona Andy MIn who submitted the declaration at the closest of the 5 addresses listed and will file a motion in limine After he can't be served. My questions are about the paperwork I received today: An Affidavit Signed by Tina Weedin of Missouri She's a robo-signer as I've seen her name listed on this forum many times starting as far back as 2012. Also her information is incorrect...can I subpeona her or have her affidavit thrown out in the motion in limine or is it a trial defense (wrong information) that I have to wait to use? An Affidavit of Sale of Account by Original Creditor signed by Patricia Hall stating transferred records are true. Signed in SD. Bill of Sale and Assignment stating records were kept and reflect all material in the banks data base by Patricia Hall Certificate of Conformity saying the stuff regarding Patrica Hall conforms with SD laws. How do I get these things thrown out? This is the first time I've seen the Affidavits as the evidence sent in discovery had only the copied billing statements.
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