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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 Record Affidavit and an Affidavit for Attorney Fees. The motion fails to enumerate the facts at issues and which pages of attached evidence address the facts, it does have documents attached as evidence, all of which fail to show a direct link between the Plaintiff and account. (Attached) How do I specify issues of fact and objections if the motion is stated in a general manner? Strategically, if I go through all of the pleadings and motion and identify related evidence + weaknesses I do myself a disservice. I would be stating the grounds for their case, giving them all the info they need to strengthen their case, and it providing them with information regarding my strategy, knowledge base, and abilities. Can someone please help me with how best to address this issue? I know that I can request revisions by specifying things that are vague or ambiguous, but that my request is too general it will be denied, and am again unsure because their entire motion is too vague and ambiguous. I welcome your related experiences and advice. Thank you in advance. JDB-MSJ.pdf
I really appreciate any help I can receive to figure out: a) what to do in response to this document; and what angle the Plaintiff is preparing to play. Quick background: Served by JDBFollowed @Linda7's thread exactlyFiled my answer and a MTC private/contractual arbitration w/JAMS (with Exhibit B as a copy of the credit account agreement)Judge granted a MTC hearingDate is set and has been agreed upon by all partiesNow I have received this document in the mail: PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS Case No: xxxxxxxxxxx Judge: (this was left blank by them) Plaintiff, through counsel, hereby opposes Defendant’s motion to either dismiss or stay this matter so that the dispute can proceed through private arbitration via JAMS. Defendant argues that the terms and conditions governing this account includes an arbitration provision granting her this right. Defendant submits a sworn affidavit signed under penalty of perjury that the terms and conditions attached to the motion Exhibit B are “a true, unaltered copy of the XXXX credit agreement that contains the arbitration provision which governs the dispute between the parties for this alleged account.” Plaintiff intends to call Defendant Jazz Debtslave to testify before the Court under oath as to the source of these terms and conditions. Based upon information and belief, Plaintiff is relatively certain Defendant will not be able to lay a foundation for these contract terms.In the alternative, if Defendant is able to lay the foundation for these contract terms then the Plaintiff asks the Court to stay the proceedings so that the parties may return to Court after private arbitration and enter the arbitration award as a final judgement on the matter. My initial questions are: 1) Should I file an answer to this Opposition? 2) When will the plaintiff call me to testify before the court? During the MTC hearing? Or is this showing intent to schedule some other court hearing? 3) Obviously, the Plantiff is trying to keep this out of JAMS and drive me into state ordered arb. It looks like they want to attack my copy of the agreement. What can I most likely expect from being called to testify and how can I best prepare? 4) Can I requests documents from them that explain why they have "information and belief" that I will not be able to lay a foundation for the contract terms? T H A N K Y O U to this forum for your help! So far, at least, I have kept myself out of Oregon state arb -- this is no small feat!! I consider being granted the MTC private arb in the state of Oregon a little victory. Could not have done it without this great group of people
In their motion for summary judgment they have attached a copy of the requests for admissions interrogatories and request for production of documents my question is they never sent one for an answer, do they have to file that with the court when they send it? Just trying to come up with a good opposition...any help would be greatly appreciated