Disappointing Results Dreamy Draw Justice Court Phoenix

[davephx]

I filed extensive Memorandum of law in both motion opposing a Summary Judgment and an extensive motion for reconsideration using arguments here and many more including recent I found mostly on the trying to get the credit cards affidavit which is very typical tossed -fighting the business record rule- where I thought I had some excellent recent case law on my site etc.

But lost the motions and to reconsider against the summary judgment. Thought these were usually relatively easy with good arguments to defeat.

I now have to decide to file a appeal to Superior Court but am a bit emotionally drained from so much work over the six months fighting this and other cases.

Unfortunately with my being wiped out in the recession I have more original debtor suits in the pipeline all in this court which only has one judge.

Ironically on an earlier case I got my motion to strike affidavit APPROVED. Same court. Maybe then it was just a clerk.

Also seems each Court/judge may have very different attitudes about affidavits but clearly lots of case law seems on our site. Yet I'm losing in this course using it.

Too bad lawyers won't just consult with you over what you have done or are pro se. I've talked to quite a few and they want big fees and to represent you on whole case not just review what you have done. That is why these forums can be so helpful sharing idea. I'd be happy share private with anyone my motions - but may not be very helpful since let to rejection and a Summary Judgment against me.

Interesting the judgment itself says for failure to appear but the date was continued to October 2010. How can I fail to appear at a date that has been continued. Other sides lawyer didn't appear either since nothing to appear for when continued to later date.

But according to a clerk must have been an error since they show I was ruled against for SJ and now my reconsideration denied.

I had thought of doing a lot of research on the Courts computers and try and get some cases to read the motions of the credit card company lost. I can get cases and overview of history on line but not the motions which I need help on badly.

The Courts computers are down, they don't know why and maybe a few weeks to fix. And they charge $24 per case to let you look at the file.

I am doing a new motion to toss based on failure to appear with Courts continuance approval but probably an easy error for the Court to correct.

Edited September 24, 2010 by davephx