Search the Community

Cach, LLC, represented by Mandarich, sued me for breach of personal guarantee on alleged defaulted loan for $205K. Trial is 4/16/18 and FSC is 4/10/2018. All docs with exception of Trial Briefs have been submitted. Trying to get them to dismiss for lack of standing that is more egregious than usual. Here's what I wrote to their lawyer (who hasn't been a member of Cal Bar for even a year):In the Complaint CACH alleges that it is the “assignee of original creditor Bank of Internet,” but the “Bill of Sale” offered as EXHIBIT 1 to the JOINT EXHIBIT LIST states that CACH purchased some “Charged-Off Accounts” from “On Deck Capital Inc.” In your preparation of the JOINT LIST OF STIPULATED FACTS you inserted a “slash mark” between BANK OF INTERNET AND ON DECK CAPITAL, INC., in what I believe to be a fraudulent attempt to merge the two separate entities into one, because you know that your documents not only cannot prove that CACH has a valid assignment, and therefore lacks standing to sue, but that the documents contradict each other. You did this deliberately to mislead both the Court and me, and I believe that this is a violation of Code of Civil Procedure - CCP § 128.7. This is his reply: I have received your letter and understand your concerns. If you will please notice, the Loan Agreement you signed has both Bank of the Internet and OnDeck at the top of the document. As you can see on that document, Bank of Internet was the lender and OnDeck was the servicer. Thus, this was not an attempt to mislead you or the court. I now live 3,000 miles from Santa Monica where the Trial will be held. I'm pretty sure I can win at trial, but I would like to not have to go to the trouble and expense of flying to California. I'm waiting to hear back from Court if they will grant my request to attend the Final Status Conference on April, 10, 2018. Also, I've told plaintiff repeatedly that I am judgment proof (I have a fee waiver) and even if they got a default judgment because I didn't appear, they couldn't get anything. Sorry this is so long-winded! Thanks for your help!

Can anyone please tell me why a plaintiff in California does not need to file a proof of service? I am sued by a collection agency thru. a law firm, and I really need to find out if they do not need to file proof of service and went ahead file a default judgement. Thanks!