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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 cannot be effectuated at the aforementioned address, I authorize the Defendant to contact attorney XXX for purposes of effectuating proper service on my behalf." Also, the last line of the Declaration says "Executed on this day XXX, at San Diego, CA." So, I'm thinking I should either strike Argument A or rewrite it such that it only says the declarant was unreachable* by the process server. * The subpoena will be issued on Monday and I'm guessing the declarant probably won't be available, but will know for sure soon enough. I go to trial this week as well, so am getting the subpoena in just under the wire. I won't have 5 days to file the objections with the court, but do plan on overnighting a copy to PRA's lawyers so that they are aware I plan to fight back with gusto. Is this correct? -- PS: I'm terribly behind. I have two cases in motion - but they will be months apart. Unfortunately, I haven't been organized and missed my chance to do the preliminary stuff on suit #1. Nevertheless, I am inspired by those that have crammed a lot of learning into a short time and come out the other side. I'm determined not to let being behind stop me from trying. (Also, I worry that not fighting this will send the wrong message when it comes to suit #2. So, I'm in it to win it.) The one thing I have done is read, read, read this forum! I've seen that the members here will help people who are willing to do the work - and I am willing to work hard. Will probably have more questions over the next week, but I'll keep them all contained in this thread. Thanks in advance!
  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 defendant at defendant's special instance and request I'm currently referencing HomelessInCalifornia's and ASTMedic's documents, but unfortunately, the only Cause of Action I have in common with their cases is the Account Stated. Any help is greatly appreciated!
  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 corrected case #, but again with no addresses for each possible witness, except for the Plaintiff attorney's PO Box and instructions to contact witnesses through the Plaintiff's Counsel (this screams denial of due process by Plaintiff's Counsel). And they amended without a stipulation CCP96 (d)No additional, amended or late statement is permitted except by written stipulation or unless ordered for good cause on noticed motion. So, my guess is that I include their transgression into my MIL, right? Since I had some extra time, I filed an evidentiary objection against the declaration in lieu and have had it served on Plaintiff's Counsel. But reading all these wonderful posts here, now I am realizing that objecting a CCP98 DEC in Lieu with a MIL would be a more technically correct to do it, right? In addition to the MIL, can I refashion my evidentiary objection as the "evidentiary objection in support of the MIL" and have it re-served on the Plaintiff's counsel, or should I leave it alone? I checked the Court's local rules and found out that MIL and Trial Brief are to be submitted on the day of trial. However, there was nothing in the local rules about a deadline to serve both on the opposing Counsel. In that case, do I just have to compliy to Rule 3.1548. Pretrial Submissions? Pretrial exchange: No later than 25 days before trial, each party must serve on all other parties the following: . . . (10)Motions in limine. So, I am using HomelessInCalifornia's excellent MIL as a starting point, but am adapting it to my case since I am dealing with an OC, and not a JDB. Now, are the days before trial actually calendar days before trial? I know when filing regular motions and figuring out how to calendar them, the Court days are actually used, but not calendar days. So, for the purposes of the Trial, does the xxx days before Trial mean Court days or calendar days? If it is calendar days and my calculation of 33 days before the Trial is right, according to the Rule 3.1548. Pretrial Submissions, do I need to (a) have my MIL mailed on the opposing Counsel at least 25 days before trial or does the opposing Counsel need to received the MIL 25 days before the trial? Since I'll need to do carefully modify HomelessInCalifornia's MIL to my needs, I was wondering if I can still use the POS-30 form if I have the Plaintiff's Counsel served by Express/Overnight mail. The POS-030 mentions "first-class" mail, so I am not sure If I can still use the form. Finally, I am planning to also subpoena the Plaintiff's CC98 affiant via the Sherrif Dept, but from what I have read and understood here is that I will not get the Sherriff's declaration of non-service literally until a couple of days before trial. So, I am guessing I just get the MIL served in the Plaintiff's Counsel, but actually bring the Declaration in support of MIL to the day of trial, with the Sherrif's declaration of non-service as Exhibit "A"? Is that correct? Also, what is the deadline to get the Trial Brief served on Plaintiff's Counsel? 25 days as with the other pretrial exchange documents? Many Thanks
  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 bring it up in court? Do I have the right to a Jury trial? If so, how do I ask for one? Any advice would be greatly appreciated.
  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 Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They mailed one letter saying i owed them money. i responded with something to the theme of, who are you and how do i owe you money. Show me proof and i will establish a payment plan 9. What state and county do you live in? CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) im within statute of limitations i think 11. What is the SOL on the debt? To find out: CA listed as 4 Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). current status is Jury trial set for january, last action was DECLARATION OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL CCP98 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) yes, they said that the debt appeared valid 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. i asked them to validate debt. not sure if it was the right way though. I did request the credit agency to do debt validation and they said it appeared valid 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Ive already answered with a general denial Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. exhibits are as follows : generic member agreement with handwritten chase an no sig ; bill of sale with no account number or name ; old credit card statements ; affidavit in lieu of live tetimony (latest) 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits So right now i was going to put a motion in limine (after i reasearch the format) and motion to strike the exhibits for hearsay, lack of standing, a few other points i have compiled. I saw this thread and im not sure if the defendant just left all the evidence and compiled a pre trial brief as indicated http://www.creditinfocenter.com/community/topic/311682-they-quit-dismissed-with-prejudice/ the scenarios is exactly the same except i am in California. It even has the same witness I also want to know how to look up other cases in california to use as reference - or am i allowed to reference the colorado cases the defendant used.?
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