Jump to content

Notice of submission, motion for summary judgement & summary adjudication


elopez
 Share

Recommended Posts

What to do at this point?

Here is info. regarding Case Summary in California:

Most recently served with Notice of submission; motion for summary judgement & summary adjudication; separate statement; declaration; Points & Authorities; Judgement; and order

These docs included exhibits i.e contract and statements.

CITIBANK SOUTH DAKOTA VS. Me

Case Type: COLLECTIONS CASE (Limited Jurisdiction)

Future Hearings

None

Plaintiff: CITIBANK SOUTH DAKOTA N.A.

Attorney: LAW OFFICE OF HARRIS & ZIDE - FLINT C. ZIDE

Defendant: Me

Attorney: None

Party Information

Histories ( Dates listed in descending order)

11/15/2007 PROOF OF SERVICE RE: FORM INTERROGATORIES; REQUEST FOR

ADMISSION; ADMISSION RESPONSE FILED. SERVED AS TO

COSTS OF $ 0.00 .

09/20/2007 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM.

09/19/2007 ANSWER FILED. WAIVER .

09/19/2007 ORDER TO SHOW CAUSE HEARING IS VACATED, RESPONSIVE

PLEADING HAVING BEEN FILED, CASE REMAINS ON CALENDAR FOR A NON-APPERANCE CASE MANAGEMENT REVIEW ON 02/25/08 AT

01:30P M, IN DEPT. 2CM

09/17/2007 PROOF OF SERVICE RE: SUMMONS AND COMPLAINT; CIVIL COVER

SHEET/ADDENDUM; ADR PACKAGE FILED. SERVED.

09/10/2007 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED AND FJUDGE PRO TEMPORE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING ON 02/25/08 AT 01:30P M., IN DEPT. 002 .

CERTIFICATE OF MAILING FILED.

08/24/2007 COMPLAINT FILED. RN ALH258280005.

08/24/2007 SUMMONS ISSUED.

08/24/2007 SUMMONS FILED.

Link to comment
Share on other sites

The notice of submission is probably for the documents you received being submitted into evidence.

The motion for summary judgment is, they are asking the court to grant them a judgment based on their complaint and documents alone with out trial.

The summary adjudication I'm not sure of, it almost sounds like redundancy on the MSJ.

If you made no denials in your answer to the complaint, this opened the door to the MSJ. If no facts are in dispute there is no need for a trial.

I read all your posts and you give no amount sued for, DOFD, SOL or really much of anything.

Assuming you made no denials in your answer.....To keep this alive to fight, you will have to take a stab at filing an objection to the MSJ and raise some dispute of the facts in it. May or may not fly at this point. Also object to the motion for summary adjudication.

Please come back and tell us what the two motions say.

Link to comment
Share on other sites

Ok...here is further info. re. my case with a brief summary explained for ea. of the docs that were submitted & mailed to me. The SOL is within the time frame as the account went bad in 2006 for the amount of originally $5,000 now at $6,500.

Ltd. Civil Case: Notice for Motion for summary adjudication; separate statement; declaration; points & authorities. The points are summarized below for each individual document; trial or court date is set for 4/08

1.Summary for judgment & summary adjudication in favor of plaintiff and against defendant submit on moving papers w/o appearing or trial due to no defense to complaint & no triabale issue as to material fact.

Plaintiff’s separate statement of undisputed material facts & references to supporting evidence.

1. Plaintiff submits the following:

a. Defendant has credit card agreement - attached exhibits

b. Purchases were made - attached exhibits

c. Defendant agreed to pay - attached exhibits

d. Defendant is indebted to plaintiff - attached exhibits

e. Failed to make payment - attached exhibits

f. Plaintiff has performed all conditions - attached exhibits

g. Plaintiff is entitled to cost of suit as prayed - attached exhibits

Declaration in support of motion for summary judgment & summary adjudication

1. Citicard record custodian’s declaration in regards to record keeping and amount of $6,000 due.

Exhibits attached are: statements & signed contract

Points & Authorities

1. Plaintiff seeks damages

2. Motion for summary judgment shall be granted if all the papers submitted show there is no triable issue.

3. Plaintiff has met burden of proof.

4. Court has no discretion to refuse summary judgment based on Krasley v Superior court.

5. Any opposition shall include a separate statement, which responds to ea. Material fact contended by moving party indicating whether the opposing party agrees or disagrees

6. Conclusion: defendant fails to raise material issue or fact or law in this case & plaintiff has established every element thus request judgment for $6,500.

Judgment doc is attached for judge to sign.

Link to comment
Share on other sites

What I thought was happening is indeed happening.

They will get their summary judgment if you do not have any plausible questions of their facts or defenses to their complaint.

What do you want to do?

As I see it, you can either roll over and figure out how to pay the judgment off. You can call or write-(recommended of the two) and beg for mercy and seek a settlement more favorable to you. You can come up with PLAUSIBLE questions of their facts or defenses to their complaint.

Even if you have to roll over and eat it, I would motion the court to go ahead and hold the hearing/trial for the purpose of brokering a settlement on the judgment with payments you can afford. Hopefully there by avoiding garnishment or attachments.

Link to comment
Share on other sites

Unfortunately it's not the answer I had hoped for but I was aware that they have provided enough info. to possibly win a judgment.

I thank you for the advice and will probably pursue to settle or just simply request a court hearing in hopes of making a payment arrangement.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...