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Lost against Midland - what is next???


olgamo29
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The judge has overruled all of my objections to Midland's evidence as "hearsay". I kept saying that OC documents are not Midland's records, and she asked their laweyer - "Isn't it true that they become your records after purchasing?" Then I pointed out that the bill of sale dosen't have a specific account number, and she said -"They buy it in bulk, and your is one of them"

I am so upset. Now there is a judgement against me. What are my options?

I have filed an answer, served all the discoveries, served the BOP, filed 2 motions in limne(which she IGNORED, stating that they are only heard during jury trials),

The judge admitted their Affidavit in lieu of Testimony and OC's statements and awarded them the full amount plus the interest of 10% plus the court fees!!!!!!! And reprimanded me on not paying the on the obligations:((((((

What are my options? Where do I go from here?

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I am researching it. I feel that the judge totally disregarded the fact that all their evidence was hearsay. They did not have to prove anything! They just sat there and smiled, and she kept referring to them for support. In my opinion she did not take me seriously because I am not a lawyer. What is the proper language for the Motion to Vacate? And which arguments hold true in court?

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Not a motion to vacate, but appeal. If it went just like you posted, you have a slam dunk appeal. Talk about misapplying the law? Are you sure there was not a time to object and you might have waited too long?

Courts make bad rulings. That is why we have appeal courts. The state of Arizona told Ernesto Miranda he did not have the right to be told he could request an attorney prior to answering questions.

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If the OP decides to appeal, she's got a very narrow window of time to appeal...

Yep, probably 30 days.

The only thing I agree with the Judge on is the issue of the motion in limine. I see it posted here all the time, but that is also my understanding of a motion in limine. It's to keep one of the sides from trying to introduce something they know will not be admitted but they want the jury to hear anyway (letting a skunk loose in the courtroom). Never understood why you would file a motion in limine for a bench trial.

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I filed a motion in limine to keep out the ccp98 witness declaration and all th evidence because it was heresay without her and they didn't follow the rules for using a ccp98. I believe thats why they dismissed the case. I had every right to file the MIL in that case and get a ruling in my favor and omit all that stuff. Without all that stuff they had no case. I wanted the judge to omit it from the trial.

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The motion in limine is needed to close out the BOP - if the issues with a defective BOP are not raised, then the plaintiff can use it to skunk things up....

Right, but who cares if you skunk it up in a bench trial. The Judge will just not consider anything that is not admitted. The reason for filing the motion is dead on, I just don't see why you do it for a bench trial.

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The motion in limine is needed to close out the BOP - if the issues with a defective BOP are not raised, then the plaintiff can use it to skunk things up....

Right, but who cares if you skunk it up in a bench trial. The Judge will just not consider anything that is not admitted. The reason for filing the motion is dead on, I just don't see why you do it for a bench trial.

It's like in criminal court. A Defendant in jail will be allowed to wear a suit if it is a jury trial, and they will be dressed in an orange jump suit and handcuffs if it is a bench trial. The jury does not care what the judge tells them to consider or not consider. You can't tell the jury to not take into consideration that the Defendant is in custody. You file a motion in limine to keep that skunk in the cage and away from a jury.

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So, my best course of actions is an appeal or a motion to vacate? If I appeal, would this be heard with a different judge? I want to file something as soon as possible, I am very mad. The evidence is clearly hearsay, but that was totally ignored. The plaintiff did not have proof without hearsay that they own the account. Instead, the judge started going over the OC statements and asking me about purchases and saying that I had to think better then not to pay.

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One thing I would do a.s.a.p. is see if you get an automatic appeal by de novo. This means no appealable issue needed and the record does not travel with the appeal.

This sounds like a possible small claims judge. Generally speaking, those cases you can appeal by de novo.

If you can't by de novo, then yes, it will be heard by an appeals court. It's actually a pretty big deal going to the appeals court level. Very doable, and people do it all the time, but it is a big deal. Also, you can't argue new facts at the appeal level. If you get an appeal de novo, then you can. You actually get the whole case tried over.

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I filed a motion in limine to keep out the ccp98 witness declaration and all th evidence because it was heresay without her and they didn't follow the rules for using a ccp98. I believe thats why they dismissed the case. I had every right to file the MIL in that case and get a ruling in my favor and omit all that stuff. Without all that stuff they had no case. I wanted the judge to omit it from the trial.

I agree that is why you won. I'm just saying, unless CA is different which I know it is on some things, you don't need a motion in limine. You just object at trial. A motion in limine is used to keep the jury from hearing it, even if you get your objection granted.

For example, you don't want the other side to ask their witness if this is the original contract, payment records, and records indicating you have not made a payment in two years and the amount due is 5K.

You then object as the witness is not from the O.C. and qualified to speak on the authenticity of the documents. The Judge agrees. However, the jury has just heard there are records showing you have not paid and what the amount due is.

The Judge tells the jury to disregard those documents or the question that was just asked. Yeah right !! So I agree that is why you won, but I don't think you needed a motion in limine to do it.

The movie A Tim To Kill is a perfect example. The cop that lost his leg due to the guy killing the thugs that raped his daughter is on the stand. The defense asks the cop if his client should be convicted. The cop yells no, cut him loose, over the objections from the prosecutor.

The judge grants the objection. Then tells the jury to disregard a one legged cop, who was shot by the defendant and is the reason he now only has one leg, that just yelled, "Cut him loose."

Um yeah, sorry Your Honor for the improper question, no way was I just trying to get the jury to hear such an important response that I knew would be met with an immediate objection. :twisted:

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judgment

Yep, probably 30 days.

The only thing I agree with the Judge on is the issue of the motion in limine. I see it posted here all the time, but that is also my understanding of a motion in limine. It's to keep one of the sides from trying to introduce something they know will not be admitted but they want the jury to hear anyway (letting a skunk loose in the courtroom). Never understood why you would file a motion in limine for a bench trial.

So there are appellate forms on the judicial council site the first thin is get a fee waiver filed, fill out notice of appeal APP-010 It isn't hard to fill out.

post a recap of the issues and findings and the minute order. time is of the essence 15 days for the date the court mails you the judgment. also look into a surety bond for appeal, to prevent garnishment.

I know people say file a motion to vacate but is apparently clear the judge is on their side. PM me what court it is.

a motion for JNOV and Motion for new trial gains you some time. Fill out fee waiver FW001 make sure you check the trial court fees and the appellate court fees.

I think you have one of thosejudges who were prosecutors that get on the civil bench.

Welcome to the appellate suck.

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So, my best course of actions is an appeal or a motion to vacate? If I appeal, would this be heard with a different judge? I want to file something as soon as possible, I am very mad. The evidence is clearly hearsay, but that was totally ignored. The plaintiff did not have proof without hearsay that they own the account. Instead, the judge started going over the OC statements and asking me about purchases and saying that I had to think better then not to pay.

So you didn't subpoena the witness? Did they put you on the stand? Who was there to authenticate the statements or BOS or even the OC agreement? Who was the attorney over this case. I won against Midland by subpoenaing their CCP 98 affiant. I also had a BOS that was a bulk w/ no name or account number on it. Yet in my case we never got that far.

I'm so sorry you didn't win. This really makes me mad too! :twisted:

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One thing I would do a.s.a.p. is see if you get an automatic appeal by de novo. This means no appealable issue needed and the record does not travel with the appeal.

This sounds like a possible small claims judge. Generally speaking, those cases you can appeal by de novo.

If you can't by de novo, then yes, it will be heard by an appeals court. It's actually a pretty big deal going to the appeals court level. Very doable, and people do it all the time, but it is a big deal. Also, you can't argue new facts at the appeal level. If you get an appeal de novo, then you can. You actually get the whole case tried over.

Where do I find this information? When you say a pretty big deal, what exactly do you mean? Is it a jury trial?

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So you didn't subpoena the witness? Did they put you on the stand? Who was there to authenticate the statements or BOS or even the OC agreement? Who was the attorney over this case. I won against Midland by subpoenaing their CCP 98 affiant. I also had a BOS that was a bulk w/ no name or account number on it. Yet in my case we never got that far.

I'm so sorry you didn't win. This really makes me mad too! :twisted:

I had the documents supporting the hearsay: She did look at the bill of sale with CROSSED-OUT account numbers, and said: "Oh well, they buy them in bulk, you account was one of the batch, isn't it right? - to the plaintiff's attorney!!!!!!!!!!!!!!!!"

I am sooooo mad. I kept saying that the records are not the records of the Plaintiff - she said - well they bought the account, now they are - isn't it right? to the plaintiff's attorney!!!!! again1

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So you didn't subpoena the witness? Did they put you on the stand? Who was there to authenticate the statements or BOS or even the OC agreement? Who was the attorney over this case. I won against Midland by subpoenaing their CCP 98 affiant. I also had a BOS that was a bulk w/ no name or account number on it. Yet in my case we never got that far.

I'm so sorry you didn't win. This really makes me mad too! :twisted:

The plaintiff's attorney got a free ride. She did not make him prove anything. She admitted all the evidence and I felt like a deer caught in the headlights. I believe, it also bothered her that I was not a lawyer. She actually asked if I were a law student, and told me to study harder. I replied that I am not in a legal profession.

There was no one to authenticate any of the documents, I kept fighting to object. And she said "why do you keep objecting?" I already overruled. However, there were several documents, but she wouldn't allow me to object.

And made me feel stupid for filing the motions in Limine - after I mentioned that I did. "Why did you file them? They are only heard in the trial". Dismissing them completely:(

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Where do I find this information? When you say a pretty big deal, what exactly do you mean? Is it a jury trial?

Just Google the court or post the name of the court. Won't take but a second to figure out.

Assuming you can't appeal by de novo, the appeal is not a trial. You will argue the errors the trial court made, without raising any new issues. The appeal court will then affirm (agree) with the trial court and deny your appeal, send the case back to the trial judge and compel the judge rule the way the appeal court orders, or the best, reverse the decision and rule in your favor with no new trial.

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Unfortunately, while you can appeal that courts ruling, It's not by De Novo.

This is from the California Court of Appeals website.

If you appeal, the appellate court will review the trial court record to decide if a legal mistake was made in the trial court that changed the outcome of the case.

The side that appeals (the appellant) can ask the appellate court to decide if certain kinds of legal errors (mistakes) were made:

Prejudicial error: This kind of error is a mistake about the law or court procedures that causes substantial harm to the appellant. Prejudicial error can include things like mistakes made by the judge about the law, incorrect instructions given to the jury, and errors or misconduct by the lawyers or by the jury. The mistakes must have harmed the appellant.

How the appellate court reviews the trial court’s decision — Standards of review.

If you are appealing a decision that involved the trial court's use of discretion, the abuse of discretion standard is used by the appellate court in its review. Any decision that involves the judge using his or her discretion (such as whether to admit certain evidence in the trial) comes under this standard. Abuse of discretion occurs when the trial court judge makes a ruling that is arbitrary or absurd. This does not happen very often.

Remember, the appellate court will not consider new evidence. An appeal is not a new trial.

Winning an appeal is very hard. You must prove that the trial court made a legal mistake that caused you harm. The trial court does not have to prove it was right, but you have to prove there was a mistake. So it is very hard to win an appeal.

Well all I will say is it appears, while rare, the Judge made an absurd ruling on a matter of law and that ruling was prejudicial to you. In fact, it cost you the case.

Also, according to you, you did raise objections. Therefore, those objections will be on the record and will not be considered new matter your just now raising.

Looks like you have perfect grounds to appeal;

You raised objections on the record,

Those objections were about a matter of law the Judge was ruling on,

The Judge's ruling caused prejudicial harm (not a harmless error) to you,

So looks like It's time to appeal. Bad news is, according to the website, it will cost you $325.00 to do so.

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doesn't have a court reporter, and puts everyone on notice that you are objecting in writing.

Right, but who cares if you skunk it up in a bench trial. The Judge will just not consider anything that is not admitted. The reason for filing the motion is dead on, I just don't see why you do it for a bench trial.

It's like in criminal court. A Defendant in jail will be allowed to wear a suit if it is a jury trial, and they will be dressed in an orange jump suit and handcuffs if it is a bench trial. The jury does not care what the judge tells them to consider or not consider. You can't tell the jury to not take into consideration that the Defendant is in custody. You file a motion in limine to keep that skunk in the cage and away from a jury.

As far as not letting it into bench trial I remind everyone that the judge is acting as the jury, but has the experience to not let excluded evidence color their decision:roll:

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