rikkivs Posted March 24, 2012 Report Share Posted March 24, 2012 It is a few days to trial and there are two things that don't make sense to me:1.they didn't do discovery2.they havent served a ccp 98 declaration in lieu of testimony and it's way past the time to submit one3.i sent them quite a few letters and they dont call me back seems like they ractice avoidancewhat tricks are they trying to pull that I may be missing? i am gettin nervous and am dealing with cognitive decline. Link to comment Share on other sites More sharing options...
rikkivs Posted March 24, 2012 Author Report Share Posted March 24, 2012 good luck to you angeline. Link to comment Share on other sites More sharing options...
calawyer Posted March 24, 2012 Report Share Posted March 24, 2012 It is a few days to trial and there are two things that don't make sense to me:1.they didn't do discovery2.they havent served a ccp 98 declaration in lieu of testimony and it's way past the time to submit one3.i sent them quite a few letters and they dont call me back seems like they ractice avoidancewhat tricks are they trying to pull that I may be missing? i am gettin nervous and am dealing with cognitive decline.No tricks. Business as usual with these guys. File and ignore. They were hoping to get a default and it didn't happen. THey may try to settle with you right before trial, they may show up and dismiss or they may just wing it. THey will not have a response, however, to your factual defense. Link to comment Share on other sites More sharing options...
rikkivs Posted March 24, 2012 Author Report Share Posted March 24, 2012 Yes I was getting confused because my health has cause some mushiness in the brain a bit. Thanks for explaining that to me because for the life of me I cannot understand their avoidance and lack of serious action. I am not complaining, however, but it makes me pause to see if I am getting arrogant or if there is something over my head since this insecurity persists due to the minor brain damage experienced recently. Please be well all of you and good luck with your cases. The help given to me here is invaluable and I hope to give it back whenever I can:) Link to comment Share on other sites More sharing options...
1stStep Posted March 24, 2012 Report Share Posted March 24, 2012 Is there a CMC coming up, or has the discovery window otherwise closed? Link to comment Share on other sites More sharing options...
rikkivs Posted March 24, 2012 Author Report Share Posted March 24, 2012 conference in a few days and trial in just a few days after that. Link to comment Share on other sites More sharing options...
calawyer Posted March 24, 2012 Report Share Posted March 24, 2012 Yes I was getting confused because my health has cause some mushiness in the brain a bit. Thanks for explaining that to me because for the life of me I cannot understand their avoidance and lack of serious action. I am not complaining, however, but it makes me pause to see if I am getting arrogant or if there is something over my head since this insecurity persists due to the minor brain damage experienced recently. Please be well all of you and good luck with your cases. The help given to me here is invaluable and I hope to give it back whenever I can:)Don't blame yourself at all. I have to say that I always hate it when I get a bad lawyer on the other side of one of my cases. It is usually not too difficult for a lawyer to figure out how to respond to a valid motion or discovery device. But it is even hard for me to figure out what to do when the other side does things wrong all the time. And for non-lawyers, it is even harder. You all can research how to do things correctly, but you don't have any "legal intuition" that helps out when the other side does something hairbrained, like falsely promising that an out-of-state witness will be at one of 3 addreses set forth in a CCP 98 affidavit.Fortunately, I think Judges are starting to get it. I hope yours sees that you paid this off a long time ago and the plaintiff hasn't a clue what payments or credits have ever been made on your account. Link to comment Share on other sites More sharing options...
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