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Found 7 results

  1. Introduction: Sued by JH Debt Portfolio Equities, LLC (JDB2), debt purchased from Oliphant Financial, LLC (JDB1) whom purchased from OC (Capital One) Account and Debt are unknown to me (Pro Se Defendant) Responded to Petition with General Denial and Special Exceptions, requested Disclosures from Plaintiff (required multiple additional requests to comply to get documents) Responded to Plaintiff's Request for Admission with Denials. Current Delimma: Plaintiff (JDB2) filed Motion for Summary Judgment. In the motion the Plaintiff specifically refers to Bussiness Reco
  2. Hi. I have to go to court next week to defend myself against a Motion for Summary Judgement from Midland Funding. I have never been to court and do not know what to expect. Following is link to the Complaint, my Answer, Plaintiff's Motion for Summary Judgement and my Objection to Motion and Request for Documents. Also please see my responses to common questions below. Thank you in advance for any advice you might offer. *******EDIT - If you can't open files below see other link in my next post below ************ Complaint:
  3. I'm writing up my Objection to Plaintiff's Declaration in Lieu using @h8spleadingpaper's objection as a exemplar. I have a few questions and am hoping the California folks can help me out. For Argument A ("Failed to Comply With CCP Section 98") H8 states the declarant "does not say where the declaration was executed. He also does not give an address in California where he may personally be served." For my case, the declarant does give an address in La Jolla, CA where "this affiant is available for service of process ... during the 20 days immediately prior to trial. If service is of process
  4. A motion in Limine A motion to Strike An objection Does one pack more of a punch? Are they are filed the same way? Thanks
  5. In the process of preparing my objections to evidence that was sent to me and I have no clue how to prepare it. Can someone send me some examples of MIL or objections to evidence ( affidavits). Subpoena'd the Custodian of Records and she was served today, so not sure if I still include the objection to the CCP98 if not then all i have to object to are the affidavits thats why i"m in need of example of an objection that is tailor to the affidavits and not so heavily on the CCP98 (being that she was served today) Correct me if I'm wrong. Thanks all
  6. Hi, I've been studying the Plaintiff's (Plaintiff (Citibank) is also OC) witness' CCP98 declaration in lieu of live testimony, and am trying to go through the exercise of poking as many holes through it as possible. I am still planning on serving a subpoena on this witness, but am looking for some help in coming up with various objections to each declaration paragraph. It will help during trial I have used parts of Seadragon's defendant CCP 98 declaration, as well as bits and pieces of other declarations online. I have come up with some stuff on my own, too. I'd really appreciate if so
  7. Business Records and Hearsay Objections, court procedure? I would like to ask a procedural question. If a plaintiff attempts to introduce a “business record”, and the defense objects that it is not qualify as a business record, but the plaintiff has the required support for admitting said business would this typically be handled in a courtroom? Would the judge sustain the defense’s objection, but then offer the plaintiff an opportunity to demonstrate compliance with a business records exception? Is there such a thing as 'tentatively sustained'? Or would the judge defer on a r