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Found 8 results

  1. 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
  2. Does anyone know where I can find examples of Trial Brief(s) and Declaration(s) in Support of Defendant's Trial Briefs for the following Causes of Action? Common Counts: 1. An open book account 2. For money had and received by defendant for the use and benefit of plaintiff. for work, labor [yes, that's really how they listed it in the complaint] 3. For goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff 4. For money lent by plaintiff to defendant at defendant's request 5. For money paid, lent out, and expended to or for defenda
  3. So I'm about three days out from my CCP96 filing, and I want to put together a great defense trial brief for the judge. Does anyone have a good resource for the language and what should be included in the brief? I'm taking on Mandarich, and I'm in California.
  4. Writing my trial brief now... its due really soon. Plaintiff missed responding to CCP96 and I am motioning to preclude all evidence. However, they did provide some of the usual garbage to a BOP request. not sure whether to address this or not in the brief. I'm anticipating they will fail to file a brief so im trying to be as concise as possible
  5. Needing help how to best compose a trial brief against cach. I have the transcript uploaded. Also, I want to share anything that can help others going through the appeals process! All i have right now is http://www.courts.ca.gov/documents/SampleFormK.pdf so I can pattern my brief. No idea where to start at this time. Thanks in advance to all the people here!
  6. Hi All, I have 33 calendar days before my Trial Plaintiff (OC) - Citibank South Dakota, N.A, Plaintiff's Attorney - The Moore Law Group Amount sued for - around $17,000 CCP 96 request served and BOP served on the Plaintiff Plaintiff responsed to CCP 96 request and BOP and supplied the CCP98 declaration in Lieu by Dorothy Ruiz. I sent them a letter by CMRR, noting that I was planning to object since they violated the statute by not providing proper witness addresses, as well as put the wrong case # on their response. They sent me an amended CCP96 response just a few days ago, with a corre
  7. Through the kind and thoughtful help on this forum I was able to defeat a MSJ and I am now scheduled for a trial date in 2 weeks. I have to send in a Trial Brief outlining my case. Can anyone help with form or advice on content? I am being sued for approx. $5,000 CC balance. I am worried if I lose (which a court ordered mediator told me I would) that they will be able to garnish my wages? Can anyone help me on that subject? Should I ask for arbitration? I believe that the attorney who filed is really a JDB and does not represent the CC company like he claims. How can I prove this or brin
  8. 1. Who is the named plaintiff in the suit? Equable Ascent Financial LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Tara Muren ESQ SBN 260154 Michael Mixer ESQ SBN 99073 John Clinnin ESQ SBN 153881 3. How much are you being sued for? $4000 4. Who is the original creditor? (if not the Plaintiff) CHASE BANK USA 5. How do you know you are being sued? (You were served, right?) SERVED 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? YES as far as i know Process S