varesa01

Response to Demand for Particulars

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Thanks. Sounds as though I will be leaving the compel for written discovery out of my letter!

Never thought that I'd express any love for lawyers but this site has definitely changed my anti-lawyer stance! It's the "good lawyer" site :)

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Thanks to all the help I received from Calawyer and Rikkivs as well as many others, I WON TODAY :)

I am a dufus and did not do all as I was told. I lost templates given me and even with my incompetence, I beat the JDB, Equable Ascent.

Went to court today for trial and their lawyer took me aside and said

"let's step outside to talk about a settlement". I said, "I'm not going to settle. You have no standing." She then said she was asking for dismissal without prejudice. I understand that they are now able to file again if they wish, but doubt that they would want to deal with anyone again who won't give up.

If I had to do over again I would do a better job and after the non-response to the Bill of Particulars within the 10 days and after non-response to my follow up letter, file a Motion to Compel.

I do not know whether or not that would have resulted in their dismissing the case but even if not, after their non-response to Discovery, I would have filed a Motion to Compel.

Before the trial, when I received their affidavit in lieu of appearance by their witness, I immediately filed "Notice to Appear" compelling their witness to appear in person. When I saw only the lawyer walk into the courtroom I realized that I had it in hand.

Bottom line is the help received on this site saved my sanity! If anyone wants to contact me with any questions, I would be very happy to respond.

As I said, if I can win against a JDB, than anyone can :)

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Thanks to all the help I received from Calawyer and Rikkivs as well as many others, I WON TODAY :)

I am a dufus and did not do all as I was told. I lost templates given me and even with my incompetence, I beat the JDB, Equable Ascent.

Went to court today for trial and their lawyer took me aside and said

"let's step outside to talk about a settlement". I said, "I'm not going to settle. You have no standing." She then said she was asking for dismissal without prejudice. I understand that they are now able to file again if they wish, but doubt that they would want to deal with anyone again who won't give up.

If I had to do over again I would do a better job and after the non-response to the Bill of Particulars within the 10 days and after non-response to my follow up letter, file a Motion to Compel.

I do not know whether or not that would have resulted in their dismissing the case but even if not, after their non-response to Discovery, I would have filed a Motion to Compel.

Before the trial, when I received their affidavit in lieu of appearance by their witness, I immediately filed "Notice to Appear" compelling their witness to appear in person. When I saw only the lawyer walk into the courtroom I realized that I had it in hand.

Bottom line is the help received on this site saved my sanity! If anyone wants to contact me with any questions, I would be very happy to respond.

As I said, if I can win against a JDB, than anyone can :)

Congrats to you. You should fill out the simple form to claim your costs. http://www.courts.ca.gov/documents/mc010.pdf

Even if you are only claiming the filing fee you paid to answer, that should be several hundred dollars and you are entitled to recover it from the plaintiff.

Nice going.

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I actually have that form stashed away :) One of the few things I did right.

Again, I can never thank you enough for all your help and the help of so many others. Never thought I'd say that there's a special place in heaven for lawyers, but there is for lawyers such as yourself who spend so much time helping the uninformed such as myself fight back against these unscrupulous JDB sharks.

THANKS AGAIN and have a very happy New Year. Thanks to you, I can guarantee that I will :)

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I actually have that form stashed away :) One of the few things I did right.

Again, I can never thank you enough for all your help and the help of so many others. Never thought I'd say that there's a special place in heaven for lawyers, but there is for lawyers such as yourself who spend so much time helping the uninformed such as myself fight back against these unscrupulous JDB sharks.

THANKS AGAIN and have a very happy New Year. Thanks to you, I can guarantee that I will :)

Thanks. Makes it all worthwhile.

Remember, you have a short timeframe to file the cost memo. Here is the rule: Title Three Rules

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Thanks. I take it that I first receive a notice from the court that confirms the dismissal and then I have 15 days from that time to file? I will drop by the clerk at the court after 7 days with the filing, regardless, if I don't hear anything. It's only five minutes away and so even if they tell me that I have to wait, it will be a worthwhile trip.

The $225 filing fee is just a drop in the bucket for them but enough drops could make for some real hurt for them!

You should get a belt and put a notch in it every time there is a win, tied to your help. Legal power in the hands of the good guys :)

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