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OSC Re: Dismissal UPdate..what to do Next?


dejr1
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Message bodyToday I sent Demand for Bill of Particulars to plaintiffs atty as suggested by one of the attorneys on this most informative web site. I also received today via POD mail from plaintiffs atty 4 items.

1).A copy of a declaration from the plaintiff to the court requesting a discharge of the OSC, scheduled for oct 25th 2011, without sanction, and a rescheduling of the CMC on the very same day, stating that due to a "calendaring error" they were un aware of the sept 12th CMC,because the date was inadvertently removed from their Master Calendar.

2).A copy of The plaintiffs CMS,,dated the 22nd of sept, 2011

3.) Plaintiffs Request for Admissions.

4).Form Interrogatories.

My Questions are:

A. With regard to the declaration from plaintiffs atty under penalty of perjury that they were un aware of the sept 12 CMC hearing is an out right LIE. I saw the plntiffs ATTY coming out of the elevator in great haste towards the court rm from which I was currently exiting on the morning of sept 12th at approx 9:05am. The court had made its ruling..we were dismissed and heading out of the court room...when I and my friend witnessed the plaintiffs atty coming toward us.

That's lie #1.Also in the declaration the plntiffs atty states that the "plaintiff is concurrently filing our CMS"

That statement is inconsistent with what the plaintiffs atty told the court on july 18th which was the 1st CMC that the plaintiffs had to have continued do to the fact that I never received my copy of the plaintiffs CMS. The Atty told the court that they had the wrong address and that the CMS was returned to their office marked undeliverable...so the judge granted the cont. to the 12 of sept.

If the plaintiff is concurrently filing their CMS.which is dated the 22 of sept...then what was returned to the atty's office marked undeliverable way back in mid july....the atty told the court it was my copy of their CMS...but according to this declaration dated the 27th of sept...that CMS wasnt in existence until the 22nd of sept!!!!

So they Lied about having knowledge of the court date, because I saw them there, and they lied about sending me a copy of the CMS to get a continuance for which the never showed.

Can or should I file my own declaration to the court declaring under penalty of perjury these attempts to mislead the court..in hopes that the judge will deny plaintiffs request to discharge OSC and dismiss my case..or is this a waste of my time... and secondly..I just became aware that I am suppose to file a CMS as well. I have a copy of the plaintiffs to work off of..but of course there are going to be some differences.... Is there a sample of a CMS filed by a defendant? Ive only been able to find samples of plaintiffs CMS

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the court declaring under penalty of perjury these attempts to mislead the court..in hopes that the judge will deny plaintiffs request to discharge OSC and dismiss my case..or is this a waste of my time... and secondly..I just became aware that I am suppose to file a CMS as well. I have a copy of the plaintiffs to work off of..but of course there are going to be some differences.... Is there a sample of a CMS filed by a defendant? Ive only been able to find samples of plaintiffs CMS

No. The Court will discharge the OSC and will not dismiss the case for something like this (although it might sanction the plaintiff anyway because the excuse is lame). And getting your declaration will not help. Think of a parent with two kids telling vastly different stories. You just can't tell sometimes who is telling the truth and you resent being asked to decide. Save it for something that matters where you have some documentary proof (i.e. plaintiff claims it didn't receive something and you have a CMRRR).

THe CMC statement is just a form. Take a look and if you have any questions, ask them.

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No. The Court will discharge the OSC and will not dismiss the case for something like this (although it might sanction the plaintiff anyway because the excuse is lame). And getting your declaration will not help. Think of a parent with two kids telling vastly different stories. You just can't tell sometimes who is telling the truth and you resent being asked to decide. Save it for something that matters where you have some documentary proof (i.e. plaintiff claims it didn't receive something and you have a CMRRR).

THe CMC statement is just a form. Take a look and if you have any questions, ask them.

Thanks, I will do just that! I have down loaded a fillable copy of cm-110 and will get back to this wonderful forum with any questions I might have..thanks again

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