Major Gut Check in Court today………….

[daybyday]

Things are tough when you are a Pro Se!

Summary: Breach of Contract Lawsuit from OC.

First day at court - Attorney for OC did not know that we answered summons and made discovery request. Continued 3 weeks out. Received notice from law firm 3 days later of pop up hearing 3 days later for motion to extend time for answers to discovery. We could not make the court date and really had no objection, so judge granted extension in our absence. Continued 5 weeks out.

Received discovery shortly thereafter (most all objections) and the following day received Motion for Summary Judgment from Plaintiff. Filed our Response to MSJ within 30 day time frame, included additional material facts, motion to strike affidavit, motion to strike application, motion to strike agreement. The Plaintiff has 15 days to reply to our response to MSJ.

Second Day at Court - Time had not expired on Plaintiff’s opportunity to reply to our response to MSJ. Different Attorney for OC. Had no knowledge of proceedings to that point. Continue 7 weeks out.

Oh well, didn’t want to waste the day, as long as we are there, we filed MSJ on Plaintiff. This really pissed the law firm off! Week later, received Motion to Strike Defendant MSJ. A very poorly composed, document full of allegations of faulty reasoning. New pop up hearing set for 3 days out to hear motion to strike Defendant MSJ.

I was out of town and could not get back. Mrs. Daybyday was going to have to go to court by herself. We wrote up an Objection to Motion to Strike Defendant MSJ and filed the day before hearing. In our objection, we requested any sanctions the court may deem proper on the motion to strike MSJ for being burdensome on the Defendant and wasting court resources, on the grounds that the MSJ procedure allows the non-movant the opportunity to express everything stated in the motion to strike. Its referred to as a Response to MSJ.

Coached Mrs. as much as possible. Both of us very nervous. This is a new learning experience for us. Was our MSJ good enough? Was our Objection good enough to survive another round?

Third Day at Court - Attorney from first court day was there to represent OC. After docket call and almost 1 1/2 hours later, attorney calls Mrs., she was the last on his list. Asks her why she is there? ---Jaw hits floor--- “You really don’t know why I’m here?” Mrs. explains why she’s there. Attorney retrieves docket file, looks over. Compliments her on the construction of the MSJ and asks if we had a certain lawyer write it up. No judgment on Plaintiff’s motion to strike MSJ, continues to the original hearing date now 5 weeks out.

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So now my questions:

The Plaintiff did not reply to our response to MSJ that included additional material facts in the prescribed time frame, with admission or denial. Does that make the additional material facts admissions?

The time frame for the Plaintiff to respond to Defendant’s MSJ expires in 15 days. Does the Plaintiff’s motion to strike extend the time frame for responding to the MSJ?

Is there anything else we can do to stop the abuse of pop up hearings, especially when their attorneys have no clue as to why we are there?

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[skippy1960]

Sounds like a great battle going on, sounds like you might want to check your calendar and when it is convient for you to be in court schedule a pop up hearing for some unknown reason..

Wish I was from your area, just a thought maybe the reason behind your pop up hearing is to complain and ask for sancations for the last 3 pop up hearings where the Plaintiff has no clue what they are doing in the case>>>>>

[hopefulscambeater.]

I think (IMO) they knew what you were doing there, they expected a no show verdict (being pop up) and when she showed that plan was "sunk" so "time to play dumb" (IMO they were "so certain " they didn't even bother with a "plan b" )

[JodyLive]

Sounds like a great battle going on, sounds like you might want to check your calendar and when it is convient for you to be in court schedule a pop up hearing for some unknown reason..

Wish I was from your area, just a thought maybe the reason behind your pop up hearing is to complain and ask for sancations for the last 3 pop up hearings where the Plaintiff has no clue what they are doing in the case>>>>>

Yeah that actually sounds like a logical reason - something they'd do. Good luck with everything!