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Cross posting actions 30 days out from trial

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Thank you for your response. You said it has to be hand served 30 days prior. The plaintiff is in San Jose. It wouldnt be possible to show up at their office tomorrow. I will instruct my wife to subpoena the witness. What are some other options we can pursue?

If they supplied a fax number on the pleadings it is prima facie evidence of allowance of service via fax use the following proof of service:


Most printers have fax and fedex kinkos have fax services you can also use your computer's modem to fax.

then also next day mail it that also counts as service.

Subpoena the declarant 20 days before trial(you are going to have to take the subpoena to the court for the judge to sign)


prepare your CCP 98 declaration this one is the last in the list the other stuff you may need as a GUIDE(use this one as a GUIDE don't just mail this one):http://www.creditinfocenter.com/forums/there-lawyer-house/307888-response-bill-particulars-2.html#post1138246

and send this (make sure you fill it out):http://www.courts.ca.gov/documents/disc015.pdf

Fill out the proof of service check the By fax box fill it out have some one other than the plaintiff who is over the age of 18, list the two documents, and actually fax it to them, get a transmission report for the fax and save it just in case they say they didn't recieve it(yes they will do that)

Then express mail or priority mail it to them make sure you get a signature or CMRRR for it.

Go to the court and file they Declaration inlieu of live testimony.

Study hard for your case. and prepare the trial brief using your declaration as a guide.

Sorry couldn't help sooner it is Valentines Day and I was busy:)

Do all this tomorrow then start looking up the following issues standing, improper declaration, business record exception to the hearsay rule, improper authentication, and the requirements for the causes of action(you didn't mention what they were).

Check out this post:http://www.creditinfocenter.com/forums/1147211-post110.html

read the trial briefs and understand how they apply to your case.

read this post:http://www.creditinfocenter.com/forums/1131122-post60.html

use the lexis nexis link to research the cases and understand them.

For the record, H&H will send and attorney who likes to question defendants and get them to admit to the debt by asking questions about the billing statements, did you buy stuff here, what did you by from here, that kind of thing. one admittion and they win, I don't recall is a way of answering.

So and this is imperative, Your wife must come on here and learn or she will be a sitting duck in court. I will help in that instance but if you are going to tell her what to say you may not get the same results as if she participates here on the board. She can do it with the research and support from you and everyone else.

you have thirty days till trial and you were asking about the pre-trial paperwork, that means you have alot more studying. The judges in long beach are a little harsh because most are former prosecutors so tighten your arguements.

So push to get that stuff out tomorrow, and study, study, study, both of you.

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