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Motion Granted or Granted in Part


rainbow
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(Admin if you think I am in a wrong place, please let me know.)

Hi everyone,

I need your insight on this.

The JDB plaintiff’s attorney filed a Motion in request for admission be deemed to admitted and Monetary award, Ccp.2033.280, complained that I did not response to the request for admission. He totally lie and take an advantage of a new pro se. I filed the opposition brief with answer to admission attached.

Before the hearing day the judge said my Response is lack of verification, not in compliance with Ccp sect. 2033.240(a), the motion is granted unless I serve a verification within 10 days, and I pay the attorney fee $225.

I did not contest the tentative ruling but mailed the verification and a check to attorney office.

When I check the court website and find out the clerk had entered the motion is GRANTED. I think the motion would be GRANTED IN PART just for the sanction part only not in whole because I did comply and send the verification.

My question is if my thinking is correct, what form or what court procedure allows me to correct this? I look up hard and could not find any.

So far, 45 days has passed from the ruling day, I have not received any notice from the court clerk as well as the JDB’s attorney.

Any input is valuable to me,

Thank in advance

Edited by rainbow
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He totally lie and take an advantage of a new pro se.

First, lose that mind set real quick. You go pro-se you are assumed to know the law like a 20 year veteran atty.

You could try a motion to reconsider. What I do is ask that all motions be scheduled for oral arguments. This way the other side can't sneak anything by and you are right there in court and can have a question and answer exchange with the judge.

It worked great for me. I was able to not let anything get by me, made the other side argue their crazy arguments to the judge (and got to see the judge look totally confused with some of the b.s). It's a lot easier to argue b.s. in a motion than to get in front of the judge and make that argument.

But the best part of all is it totally ticks the other side off they have to pay an atty to be in court all the time.

I'd get oral arguments on anything pending or in the future. Get it all on the record.

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Deemed admitted is different than "you didn't answer at all." You may very well have answered, but your answers may have been total BS according to this attorney. Therefore, he can petition the court to deem your answers as admitted, which he has obviously done. We have no clue as to what you were asked or how you answered. Like Coltfan said, when you represent yourself, you are expected to perform at the same level as the attorneys you oppose and profess to be able to beat. Sorry, but I do not see that ability in your post. The judge gave you a smackdown, learn from it. Keep this up and you'll be writing a lot of checks. Hard cold reality, I know, but as Coltfan and others will tell you, don't get into something you don't understand fully.

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Thank Coltfan, your help leads me to the California Code of Civil Procedure Section 1008 (e) “this section specifies the court’s jurisdiction with regard to applications for consideration of its orders and renewals of previous motion, and applies to all application to reconsider any order of a judge or court, or for the renewal of a previous motion, whether the order deciding the previous matter or motion is interim or final...”, I think this is what I am looking for.

Legleagle, Sorry, my main question is how to correct or change the judge’s order, so I briefly said how the attorney filed the motion against me and did not get into the content of the lawsuit.

The law says that the response to admission must be served within 30 days, otherwise you’re deemed to admit everything. I prepared and served it on the plaintiff, and 30 days later the attorney filed the motion, made the court believes that I did't response. Lucky me, I have proofs. I attached the response and the certified mail receipt in the opposition. The judge looked at the response and noticed that I missed the verification part, I was nailed because of this.

Compared to a 7-8 years trained lawyer, I learned to reply just in 7-8 days and made a big mistake. But I won’t make a same mistake twice.

Thanks

Edited by rainbow
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Compared to a 7-8 years trained lawyer, I learned to reply just in 7-8 days and made a big mistake. But I won’t make a same mistake twice.[/quote

That is what is important. I really would get in front of the judge any opportunity you have. You need to make sure you don't get something slipped past you and you have little time to gain credibility. Every time you appear in front of the judge and know what you're doing, you're gaining credibility that could be very important a few months down the road.

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