WWOW Posted August 13, 2012 Report Share Posted August 13, 2012 (edited) My last trial of three trials (2nd with Midland) is over. The judge made a tentative ruling based on our trial briefs and the plaintiff's judgment was denied WITH Prejudice. The attorney for the plaintiff's told the judge that she was there to request a dismissal without prejudice and argued that the subpoena was not served timely....(it was served timely)....but the judge said it didn't matter, that the plaintiff failed to provide sufficient evidence to support its only cause of action, Account Stated.My first case with Midland, I neglected to prepare the proper due diligence timely so I was receiving the plaintiff's answer to rfp, and CCP 96 after the case had already been dismissed. Neither one of us even filed a trial brief...I had one ready, but as it was short cause, wasn't sure if we were suppose to file it. I basically won because the subpoenaed legal spe******t was not there and their case was based on the affidavit.This case I followed the order of business but only prepared a trial brief after receiving a copy of theirs....I want to sincerely thank the person who posted a link of a trial brief written by an attorney for a defendant in San Mateo Superior Court....it was soooooo helpful!I did screw up slightly, as the judge said since she had already ruled on the case, I should have submitted my request for reimbursement of costs, so they were denied....but she did smile and remind me that the ruling was "with prejudice"I hope that I do not have to use the resources of this site in the future, but if I do, I know where to get support and help.THANK YOU all so much!!!! Without your help, I know I would have had 3 judgments against....and special thanks to the "regulars"...racecar, coltfan, seadragon, leagleagle, calawyer (and apologies as I know I am missing a few, but you are sincerely thanked too.) Edited August 13, 2012 by WWOW 1 Link to comment Share on other sites More sharing options...
Amerikaner83 Posted August 13, 2012 Report Share Posted August 13, 2012 Good job! Link to comment Share on other sites More sharing options...
Credator Posted August 13, 2012 Report Share Posted August 13, 2012 Congratulations!That's the way to do it. A round of Subpenas for everyone! The OP is buying! Link to comment Share on other sites More sharing options...
Biddybaby Posted August 13, 2012 Report Share Posted August 13, 2012 Nice!I LOVE outcomes like this! Link to comment Share on other sites More sharing options...
pcmech Posted August 13, 2012 Report Share Posted August 13, 2012 Midland getting their a** handed to them is always a sight to behold. Never gets old. Link to comment Share on other sites More sharing options...
kutuzov Posted August 13, 2012 Report Share Posted August 13, 2012 Great Job!!!! Link to comment Share on other sites More sharing options...
SkippieB Posted August 13, 2012 Report Share Posted August 13, 2012 My last trial of three trials (2nd with Midland) is over. The judge made a tentative ruling based on our trial briefs and the plaintiff's judgment was denied WITH Prejudice. The attorney for the plaintiff's told the judge that she was there to request a dismissal without prejudice and argued that the subpoena was not served timely....(it was served timely)....but the judge said it didn't matter, that the plaintiff failed to provide sufficient evidence to support its only cause of action, Account Stated.My first case with Midland, I neglected to prepare the proper due diligence timely so I was receiving the plaintiff's answer to rfp, and CCP 96 after the case had already been dismissed. Neither one of us even filed a trial brief...I had one ready, but as it was short cause, wasn't sure if we were suppose to file it. I basically won because the subpoenaed legal spe******t was not there and their case was based on the affidavit.This case I followed the order of business but only prepared a trial brief after receiving a copy of theirs....I want to sincerely thank the person who posted a link of a trial brief written by an attorney for a defendant in San Mateo Superior Court....it was soooooo helpful!I did screw up slightly, as the judge said since she had already ruled on the case, I should have submitted my request for reimbursement of costs, so they were denied....but she did smile and remind me that the ruling was "with prejudice"I hope that I do not have to use the resources of this site in the future, but if I do, I know where to get support and help.THANK YOU all so much!!!! Without your help, I know I would have had 3 judgments against....and special thanks to the "regulars"...racecar, coltfan, seadragon, leagleagle, calawyer (and apologies as I know I am missing a few, but you are sincerely thanked too.)Super! Gives me hope. I'm the member who posted the link to the court docs for San Mateo and I plan on using the same trial brief if and when I need it-good to know you used it successfully. One question-Do you submit the requisite forms for costs at the time of the trial? Carol-Lynn Link to comment Share on other sites More sharing options...
WWOW Posted August 13, 2012 Author Report Share Posted August 13, 2012 Carol-Lynn, I didn't think to ask as I have filed MC-10's after the case was dismissed....someone else would probably confirm, but I believe in the trial brief, I should have asked for costs, etc.Also, I had to create the trial brief into a word.doc, so if you don't want the labor of doing that, just let me know and I will forward it to you.....I did omit the section on the second cause of action for "book account" as my case was only account stated.....Thanks again for the link...it really saved me!!! Link to comment Share on other sites More sharing options...
rte Posted August 13, 2012 Report Share Posted August 13, 2012 Awesome job, congrats! And it's your third win. You must live a charmed life.I'd love to get a word document of your brief, too. If that's okay with you. Thanks! Link to comment Share on other sites More sharing options...
ADSOFT Posted August 13, 2012 Report Share Posted August 13, 2012 Good Job Congrats. and to the JDB s out there Link to comment Share on other sites More sharing options...
racecar Posted August 14, 2012 Report Share Posted August 14, 2012 Always like to hear good news like that. Link to comment Share on other sites More sharing options...
1stStep Posted August 14, 2012 Report Share Posted August 14, 2012 Congrats... file your MC-010 Link to comment Share on other sites More sharing options...
saint al Posted August 14, 2012 Report Share Posted August 14, 2012 Outstanding Link to comment Share on other sites More sharing options...
Linda7 Posted August 14, 2012 Report Share Posted August 14, 2012 Congratulations on a job well done!!! Link to comment Share on other sites More sharing options...
calawyer Posted August 14, 2012 Report Share Posted August 14, 2012 Congrats on a job well done.Here is the rule on costs:Rule 3.1700. Prejudgment costsTrial costsA prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.Title Three Rules Link to comment Share on other sites More sharing options...
Beergoggles Posted August 14, 2012 Report Share Posted August 14, 2012 Good Job! Link to comment Share on other sites More sharing options...
My~Cuz~n~Vinny~ Posted August 14, 2012 Report Share Posted August 14, 2012 All RiGht and Out~a~Sight !!!!! Congrats ! Link to comment Share on other sites More sharing options...
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