Please Help With Opposition to Motion For Summary Judgment - California

[Rivertime]

I had posted this in another thread but I think the thread title might not have been accurate. I really need some help in formulating my opposition motion so I thought I would start another thread asking for help. In the other thread Skippy1960 suggested I post the Statement of Undisputed Facts so all who comment can see exactly what I'm up against.

Quick background: OC sold to JDB1, whos sold to JDB2. JDB2 is the Plaintiff. JDB2 subpoenaed bank records from OC, didn't really get anything new other than affidavits from OC. Discovery - got all that I'll probably get, 13 months statements only showing about $500.00 worth of charges (alledge account in suit 8K plus) and maybe 2 or 3 payments, un-readable cardmember agreement, and a few affidavits.

A bit of information, the “Declaration of Custodian of Records” is an employee of JDB2. The affidavit accompanying the records from the OC states “The records were made at or near the time of the occurrence of the mattes set forth in the records by, or from information transmitted by, a person with knowledge of those matters” not personal knowledge and it is not verified under California law.

Also, the alleged credit card agreement is mostly unreadable.

The affidavit of sale from OC to JDB1 does show my name, account number and amount, however is not verified under any state laws.

The affidavit of correctness from JDB1 to JDB2 also shows my name, account number and amount and it is also not verified under California Law.

Anyway, here are their statements:

Undisputed Material Fact: (UMF)

1. On or about x-xx-xxxx, Defendant Harry Callahan aka Dirty Harry completed, signed and returned a credit card application.

Supporting Evidence: (SE)

Declaration of Custodian of records declaration, page x, lines x-x Exhibit 1: Application

UMF

2.On or about x-x-xx, the bank issued defendant a M/C credit card, account number xxxx

SE

Declaration page x, line x-x

UMF

3. The “Cardmember Agreement” was sent to Defendant by the bank. It defines the terms and obligations for use of the credit card. Te agreement describes the consequences if the defendant fails to pay the credit card billings.

SE

Declaration page x, line x-x, Exhibit x: Cardmember agreement

UMF

4. Defendant utilized the credit card for purchases and made periodic payments on the account.

SE

Declaration page x, line x-x, Exhibit x: Statements

UMF

5. Defendant did not dispute the final billing, nor did the defendant report the card lost or stolen.

SE

Declaration page x, line x-x

UMF

6. Balance due is $8,xxx.xx, plus interest at 24.00 percent from date of charge off by Bank xx-xx-xx, to date of hearing xx-xx-xx, in the amount of $5,xxx.xx, plus attorney fees and cost of suite.

SE

Declaration page x, line x-x, declaration of accrued interest, memorandum of costs (summary)

UMF

7. The agreement specifies that Plaitniff is entitled to attorney fees and cost of suit.

SE

Declaration page x, line x-x, Exhibit x: Cardmember agreement

UMF

8. This claim has been assigned to Plaintiff.

SE

Declaration page x, line x-x, Exhibit x: Affidavit of Correctness, Declaration of Subpoenaing Attorney, Exhibit 101: Affidavit of Sale

Any help in putting together a wining response to this MSJ would be very much appreciated. I have been searching this forum high and low and have not been able to find much on MSJ’s in California.

Again, any help and input is very much appreciated.

Thanks,

rt

[BV80]

What was stated in the affidavit from the OC?

Did they have an affidavit or any document from JDB1 that references you or the account number?

[calawyer]

Very hard to help with a summary judgment motion without seeing it. You need to go to a law library and check out Weil and Brown, Civil Procedure Before Trial. There is a whole chapter on Summary Judgment.

You should also check out the Alameda COunty Superior Court website where you can view pleadings. I suggest you look at the "complex depsrtment" as the quality of filings tend to be better in those depsrtments. Here is a link: DomainWeb

Finally, you must calculate and calendar your opposition date. THat is very important as a late filing can cause the Court to rule against you. The rules can be found in CCP 437c : CA Codes (ccp:437c-438)

Good luck.

[Rivertime]

Hi all, back again if I can keep my head from exploding!

Calawyer – THANK YOU so very much for the guidance. I have gone to the law library and have the chapter on Summary Judgments sitting in front of me, very interesting, and detailed, information. I also keep reading CCP 437c-438 over and over again so as to not make a procedural mistake. I’ve got some time, the MSJ hearing isn’t from several weeks and as I understand it, my opposition needs to be filed “not less than 14 days preceding the noticed or continued date of hearing.”

When you say it’s hard to help without seeing the motion, would it be helpful if I listed all 5 of the items I received that I’ve outlined below?

1. Memorandum of points and authorities in support of MSJ

2. Declaration of Mr. Dumba$$ Attorney, subpoenaing Attorney [Evid Code

1561, subd. ©]

3. Declaration of custodian of records in support of MSJ (Employee of JDB2)

4.Notice of motion and MSJ

5.Statement of undisputed facts in support of MSJ

BV80 – Thank you for your response as well. To answer your questions, yes, they have an affidavit from JDB1 to JDB2 which shows my name and an account number and has some sort of spreadsheet looking thing with most everything blank except for my info and alleged account number.

The affidavit from OC states:

1. I am over the age of 18 years and not a party to this action.

2. My business address is 1234 Udontoweus Street, East Coast, Somewhere, 12345

3. I am a Document Review Spe******t and Custodian of Records for OCBigBank in the National Subpoena Processing Department located in East Coast, Somewhere.

4. The enclosed records are a true and correct copy of the original documents kept by OCBigBank in the ordinary course of business.

5. The records were made at or near the time of the occurrence of the matters set forth in the records by, or from information transmitted by, a person with knowledge of those matters.

6. It is the regular practice of OCBigBank to make such a record of transactions in the ordinary course of business.

I declare under penalty of perjury, under the laws of the state of Somewhere (not California) that the forgoing is true and correct.

It’s signed and notarized.

Thank you again Calawyer, BV80 and Skippy1960 who responded in another post.

This help is very much appreciated.

[rte]

Here's a link to a case in which an affidavit that was not signed under the laws of the State of CALIFORNIA, was not considered valid.

KULSHRESTHA - Google Scholar

If your plaintiff's affidavit is that type, I think you can throw it out. Seadragon has talked a lot about this.

[calawyer]

Hi all, back again if I can keep my head from exploding!

Calawyer – THANK YOU so very much for the guidance. I have gone to the law library and have the chapter on Summary Judgments sitting in front of me, very interesting, and detailed, information. I also keep reading CCP 437c-438 over and over again so as to not make a procedural mistake. I’ve got some time, the MSJ hearing isn’t from several weeks and as I understand it, my opposition needs to be filed “not less than 14 days preceding the noticed or continued date of hearing.”

When you say it’s hard to help without seeing the motion, would it be helpful if I listed all 5 of the items I received that I’ve outlined below?

1. Memorandum of points and authorities in support of MSJ

2. Declaration of Mr. Dumba$$ Attorney, subpoenaing Attorney [Evid Code

1561, subd. ©]

3. Declaration of custodian of records in support of MSJ (Employee of JDB2)

4.Notice of motion and MSJ

5.Statement of undisputed facts in support of MSJ

BV80 – Thank you for your response as well. To answer your questions, yes, they have an affidavit from JDB1 to JDB2 which shows my name and an account number and has some sort of spreadsheet looking thing with most everything blank except for my info and alleged account number.

The affidavit from OC states:

1. I am over the age of 18 years and not a party to this action.

2. My business address is 1234 Udontoweus Street, East Coast, Somewhere, 12345

3. I am a Document Review Spe******t and Custodian of Records for OCBigBank in the National Subpoena Processing Department located in East Coast, Somewhere.

4. The enclosed records are a true and correct copy of the original documents kept by OCBigBank in the ordinary course of business.

5. The records were made at or near the time of the occurrence of the matters set forth in the records by, or from information transmitted by, a person with knowledge of those matters.

6. It is the regular practice of OCBigBank to make such a record of transactions in the ordinary course of business.

I declare under penalty of perjury, under the laws of the state of Somewhere (not California) that the forgoing is true and correct.

It’s signed and notarized.

Thank you again Calawyer, BV80 and Skippy1960 who responded in another post.

This help is very much appreciated.

I just meant that I can't offer advice about particular things youwould want to challenge without seeing the papers. Every motion for Summary judgment is unique.

But the Kulshrestha case is excellent. I used this case a couple of times successfully. Also, the declaration recites the requirements of meeting the business records exception to the heasay rule in conclusionary terms. THe witness must show facts demonstrating that she has personal knowledge of each element. It is not clear simply from being a document spe******t that she would know records are prepared at or near the time of the incident. In fact, we don't even know whether she was employed by Big Bank when the records were prepared.

Take a look at the separate statement. You will have to file a response containing any contrary evidence and objections. See what you can dispute. That is a great place to start.

[skippy1960]

Hi all, back again if I can keep my head from exploding!

Calawyer – THANK YOU so very much for the guidance. I have gone to the law library and have the chapter on Summary Judgments sitting in front of me, very interesting, and detailed, information. I also keep reading CCP 437c-438 over and over again so as to not make a procedural mistake. I’ve got some time, the MSJ hearing isn’t from several weeks and as I understand it, my opposition needs to be filed “not less than 14 days preceding the noticed or continued date of hearing.”

When you say it’s hard to help without seeing the motion, would it be helpful if I listed all 5 of the items I received that I’ve outlined below?

1. Memorandum of points and authorities in support of MSJ

2. Declaration of Mr. Dumba$$ Attorney, subpoenaing Attorney [Evid Code

1561, subd. ©]

3. Declaration of custodian of records in support of MSJ (Employee of JDB2)

4.Notice of motion and MSJ

5.Statement of undisputed facts in support of MSJ

BV80 – Thank you for your response as well. To answer your questions, yes, they have an affidavit from JDB1 to JDB2 which shows my name and an account number and has some sort of spreadsheet looking thing with most everything blank except for my info and alleged account number.

The affidavit from OC states:

1. I am over the age of 18 years and not a party to this action.

2. My business address is 1234 Udontoweus Street, East Coast, Somewhere, 12345

3. I am a Document Review Spe******t and Custodian of Records for OCBigBank in the National Subpoena Processing Department located in East Coast, Somewhere.

4. The enclosed records are a true and correct copy of the original documents kept by OCBigBank in the ordinary course of business.

5. The records were made at or near the time of the occurrence of the matters set forth in the records by, or from information transmitted by, a person with knowledge of those matters.

6. It is the regular practice of OCBigBank to make such a record of transactions in the ordinary course of business.

I declare under penalty of perjury, under the laws of the state of Somewhere (not California) that the forgoing is true and correct.

It’s signed and notarized.

Thank you again Calawyer, BV80 and Skippy1960 who responded in another post.

This help is very much appreciated.

I think you have a good start regarding the out of state affidavit, not being proper, but I wouldn't rest my whole opposition on this.

You might post some of the Undisputed Facts from the Statement of Undisputed Facts. You really need to be able to knock some of these out of the game, to create the triable issue of fact, that needs to be heard by the judge to make a true determination.

Generally, from my experience the Memorandum of Points and Authorities is a document that tells the court they have met the civil procedures and SJ is proper. So not saying you won't want to oppose some of what is in that document, I would concentrate my efforts on the Statement of Undisputed Facts.

This means looking at things with a fine tooth comb. Example in the information you posted, the affiant for OC never says the statements were sent by mail to the defendant on a monthly basis and the defendant never disputed any of the statements.

Remember you need to blow as many holes in the undisputed facts as possible to force this to trial. I realize one assumes the statements were created they must have been mailed. Courts and evidence don't rely on assumption, it relies on testimony. In you case right now testimony is via affidavit. Civil law is less stringent, but still how does the court know 100% that the statements were sent, if there is no testitmony that they were sent.

Sometimes enough of these small things can add up, remember civil is about tipping the scale just enough in your favor.....

[Rivertime]

You might post some of the Undisputed Facts from the Statement of Undisputed Facts. You really need to be able to knock some of these out of the game, to create the triable issue of fact, that needs to be heard by the judge to make a true determination.

Generally, from my experience the Memorandum of Points and Authorities is a document that tells the court they have met the civil procedures and SJ is proper. So not saying you won't want to oppose some of what is in that document, I would concentrate my efforts on the Statement of Undisputed Facts.

This means looking at things with a fine tooth comb. Example in the information you posted, the affiant for OC never says the statements were sent by mail to the defendant on a monthly basis and the defendant never disputed any of the statements.

Remember you need to blow as many holes in the undisputed facts as possible to force this to trial. I realize one assumes the statements were created they must have been mailed. Courts and evidence don't rely on assumption, it relies on testimony. In you case right now testimony is via affidavit. Civil law is less stringent, but still how does the court know 100% that the statements were sent, if there is no testimony that they were sent.

Sometimes enough of these small things can add up, remember civil is about tipping the scale just enough in your favor.....

Thank you all for the all the detailed responses and the link, this is really good stuff.

Skippy1960, I've listed all their Undisputed Material Facts along with their Supporting Evidence in my first post in this thread. Additionally, I appreciate your observation about the mailing issue, being new to this I mistakenly carry assumptions that can probably be exploited on my behalf, I just have to look at it more closely I guess.

I am writing my responses this week and I will post to get some critique.

Thanks again to all who help and please keep it coming.

rt

[skippy1960]

These are very difficult to answer and time consuming to deal with. They are equally as difficult to help with because only you can see all the documents, as CaLawyer stated. Given that I will offer what I can.

1. First you need to determine if the Affidavit from the OC, will meet the requirements of CCP 2015.5. Hopefully not! This is from the case cited by rte.

"the plaintiff sought to prevent summary judgment by filing a declaration under penalty of perjury that showed a "place of execution" in another 795*795 state. (§ 2015.5.) Moreover, the document did not reference California's "laws." (Ibid.) The evidence was excluded, summary judgment was granted, and dismissal was affirmed on appeal.

We now decide if declarations signed under penalty of perjury outside this state satisfy section 2015.5, and are admissible in summary judgment and other authorized proceedings, even though the contents are not certified as true "under the laws of the State of California." The answer to this narrow question is no."

So in reading your thread, I believe you are saying the Affidavit from the OC is from out of state and doesn't reference the "under the laws of the State of California". Correct??????

Assuming this is true, then anything in the Statement of Undisputed facts referenced or support by the OC affiant should be "Objected to based on there is no legitimate testimony before the trier of fact to support the undisputed fact.

I can't tell which the 8 UMF's you list are being supported by the OC affiants affidavit, and which UMF is being supported by the JDB's declaration. Obviously the UMF's that are being supported by the JDB's declaration, can't be testified to based on personal knowledge and should be ruled as hersay.

Regarding UMF #1, the application if the judge compared the signature on the appication to your answer are they so similar that it would be clear you signed it?

[Rivertime]

Thank you so much for the quick response. I’m diving into this head on now and I’ve got to tell you, it is a bit intimidating, I REALLY appreciate the help.

Yes, affidavit from OC which accompanied the subpoenaed documents, the copy of an affidavit of sale from OC to JDB1, and the affidavit of correctness from JDB1 to JDB2 were ALL executed outside of the state of California and NONE of them say “under the laws of the state of California.” As a matter of fact, the affidavit of sale from OC to JDB1 has no verification of any kind, just notarized under a different state.

Regarding UMF #1, there is NO application with any signature of any kind, just a computer printout they’re alleging is an application showing my personal info and they claim in their declaration that it was a phone application and approval was given verbally. Their declaration by the custodian of records, by the way, is an admitted employee of the plaintiff, JDB2.

I hope this helps.

Thanks again,

rt

Edited September 25, 2012 by Rivertime

[calawyer]

Thank you so much for the quick response. I’m diving into this head on now and I’ve got to tell you, it is a bit intimidating, I REALLY appreciate the help.

Yes, affidavit from OC which accompanied the subpoenaed documents, the copy of an affidavit of sale from OC to JDB1, and the affidavit of correctness from JDB1 to JDB2 were ALL executed outside of the state of California and NONE of them say “under the laws of the state of California.” As a matter of fact, the affidavit of sale from OC to JDB1 has no verification of any kind, just notarized under a different state.

Regarding UMF #8, there is NO application with any signature of any kind, just a computer printout they’re alleging is an application showing my personal info and they claim in their declaration that it was a phone application and approval was given verbally. Their declaration by the custodian of records, by the way, is an admitted employee of the plaintiff, JDB2.

I hope this helps.

Thanks again,

rt

So an employee of JDB2 testifies to a conversation that you allegedly had with OC???

Anyone see any legal issues here?

[rte]

It's just hit home to me that even if the computer has a record, it is not necessarily true.

I found out yesterday that my SSA benefits got deposited into my credit union account instead of my DirectExpress card. The deposits had previously been made to the credit union but this was moved to the DirectExpress card months ago. I made many phone calls today to SSA, DirectExpress, and the credit union, and all they could determine is that a change was made in July but nobody could explain anything else. I never called to authorize such a change but they didn't know who did this.

Strangely enough, they couldn't change it back to DirectExpress. They just kept pointing the finger to somebody else. Finally, I was told to call my local SSA office, and it wasn't looking hopeful, but then I asked to speak to the manager, who was then able to put my deposits back to DirectExpress. At least she didn't point me to anybody else.

So there you have it. A change was made to my electronic deposits without any action on my part. Nobody knows who did it. They can only say it was done. They also explain the only procedures possible to do this, but since I didn't do those procedures, how did this happen?

This is a serious example showing that computers and electronic processes do get screwed up without explanation. There's nothing to stop the credit card companies from experiencing the same problems, so their hearsay papers cannot be taken at face value.

[Rivertime]

Say rte, do you feel like giving an affidavit??? Just kidding...

I do have a strategy question for the great legal minds on here:

I'm planning on attacking their affidavits by way of Objection when I file my Opposition and as a result, no affidavits then most all of their evidence becomes inadmissible hearsay. Or should I file a Motion to Strike with my opposition rather than an Objection?

Thanks again for all the help.

rt

[calawyer]

Say rte, do you feel like giving an affidavit??? Just kidding...

I do have a strategy question for the great legal minds on here:

I'm planning on attacking their affidavits by way of Objection when I file my Opposition and as a result, no affidavits then most all of their evidence becomes inadmissible hearsay. Or should I file a Motion to Strike with my opposition rather than an Objection?

Thanks again for all the help.

rt

Written Objection: Title Three Rules

Look at rule 3.1352 also.

[rte]

Thanks for the link, Calawyer. It's very helpful.

[rte]

I'd love to oppose creditors with an affidavit. Will have to figure out how to do this.

[Rivertime]

Thank you Calawyer for both the advice and the link.

As always, you're extremely helpful and very much appreciated...

[Rivertime]

I have a technical legal question and would very much appreciate some advice.

I am responding to Plaintiff's Statement of Undisputed Material Facts and came across a issue I'd appreciate input on.

I am objecting to their affidavits because as a matter of law they are improper and inadmissible and as a result virtually ALL their evidence will be inadmissible and so in opposing their UMF's I'm simply putting "DISPUTED.

Plaintiff has not provided any admissible evidence to support the fact.

See Objection No.XXXXXXXXX." I will point the judge to my objection motions as required.

I'm wondering if that is enough? I don't want to answer "Undisputed" on any of their facts particularly because of what I just read, here it is:

"When the opponent states that a fact is "undisputed," any objections to the evidence allegedly supporting that fact are waved. [Hurley Const. Co. v. State Farm Fire & Cas. Co. (1962) 10 CA4th 533, 540-541, 12 CR2d 629, 633]

Please chime in with some input, I don't want to screw this up.

Calawyer, any thoughts?

As always, thank you very much!

[skippy1960]

As you are begining to see answering a SJ motion is a real pain in the arse. From my experience it will be a 2 pronged approach-

1. Is filing your Rule 3.1354. Written objections to evidence.

You need to understand that should the judge decide to over rule one or more of those Objections, then this would mean the court is going to consider that piece of evidence.

So I would not rest my whole defense to the motion on the objections, neccessarily. Understanding that you need to be real careful how you would say all of the "Undisputed Facts" are Disputed without lying to the court.

Example of what I am saying, take UMF #3. I know you said it was very hard to read. But does the date line up with when the account was supposedly opened? If the date on the Card Agreement is a year or more after the account was opened. You can easily "Dispute" the UMF and point out the flaw in the evidence they have provided.

Hence should you loose the objection, based on the hearsay argument, the court then still needs to consider that the Card Agreement could not be the true agreement due to the timing...

I believe earlier you stated that there is no "signed application" only a computer printout with your information. Again UMF #1 "Disputed" the evidence submitted is not what it is purported to be, it says nothing about being an Application and has no signature, espiecally not the Defendants.

I believe considering this approach could be useful. Obviosuly, if CaLawyer says stand on the Objections save yourself the additional work....

This may help with the formatting of your responses aside from the Objections you plan on submitting-

Rule 3.1350. Motion for summary judgment or summary adjudication

Title Three Rules

[Rivertime]

Thank you so much Skippy1960. It is amazing to me that once the legal discrepancies are pointed out, I hit myself on the forehead and say "of course." I've been reading and studying so much my mind is turning into mush so I really appreciate a clear perspective.

You are certainly right, responding to this this is a major P.I.A. but with the help coming from you, Calawyer and others, it isn't as overwhelming an daunting as it might otherwise be.

I thank you for the guidance and appreciate the two pronged strategy. I think that's the way I'm going unless, as you say, Calawyer thinks the objection alone would be prudent.

PLEASE offer any other ideas regarding specific UMF's and an appropriate response, I like the way you think!

Really Skippy1960, thank you very much,

rt

[Rivertime]

Another reach-out for some help!

Does anyone know of any California case law excluding third party business records from a JDB? That is to say case law that does not allow a JDB to use an OC business records as their own?

I went and observed court again today and got to see an argument for an MSJ filed by an OC, Discovery. The judge seem pretty laxed on the technical points of the law. I saw a defendant attorney have his arss handed to him while he was trying to argue some technical flaws in the OC's affidavit using Taggart v. Super Seer Corp. and the judge just said "they (OC) have lots of Custodian of Records, she says she has personal knowledge. How many Custodian of Records do you think they have, 1,000's, you can't expect her to actually know all those details."

Anyway, what I learned today was to have answers for anything that might come my way. Hence the need to find case law that speaks to no third party business records. I think I've read Calawyer and Coltfan1972 commenting on this in the past I've just not been able to find anything.

Any guidance would be very much appreciated.

thank you,

rt

[Rivertime]

Wow, first I must thank the people on this board and the responders to this thread. All of you who help are very much appreciated, BV80, Rte, Seadragon, Thank you.

And a special HUGE THANK YOU to Calawyer, you are truly amazing, and another to Skippy1960, your perspective and strategy was very helpful, thank you, thank you, thank you!

I had my MSJ hearing. I showed up loaded for bear. When it was my turn I walked up to the Defendant’s table, unloaded my briefcase with a full 3” binder and a half a dozen file folders riddled with highlights and corresponding color coded tabs for reference, the whole nine yards. The Judge had actually read the pleadings. He said “well Mr. Rivertime, it appears your affidavit here denies Plaintiff’s first Undisputed Material Fact, that put’s that material fact in question which creates a triable issue. Since we only need one material fact to be in dispute, Motion for Summary Judgment DENIED!”

BAM! It was that quick, it didn’t even take 90 seconds.

For those that have to go through this, these MSJ are a real P.I.T.A. But I’ll take this as a win and start preparing for trial.

Since all the flaws in Plaintiff’s case were pointed out in the opposition papers, I’m wondering if it might not be a good Idea to call the attorney, let them know they are going to get smacked down at trial and see if they want to settle? Now don’t get too excited, by settle I mean they can dismiss the case with prejudice and remove ALL trade line references to this matter with ALL credit reporting agencies and in return, I will not pursue my costs. What do y’all think?

Anyway, thanks again,

rt

[skippy1960]

Congrats on your victory, step 1 completed they will need to bring a live witness if they wish to continue.

I personally would not be offering them any settlement. I don't like to seem like I am concerned. For me first to offer settlement shows weakness, and can end up negociating against themselves.

You made a first Big Point, you successfully beat MSJ. Note the attorney will clue them in about how organized you were with your binder and color coding.

If it were me I would hang tight and begin to study up on CCP 96 and 98, getting that live witness to trial, in case they choose to continue.....

[Rivertime]

Congrats on your victory, step 1 completed they will need to bring a live witness if they wish to continue.

I personally would not be offering them any settlement. I don't like to seem like I am concerned. For me first to offer settlement shows weakness, and can end up negociating against themselves.

You made a first Big Point, you successfully beat MSJ. Note the attorney will clue them in about how organized you were with your binder and color coding.

If it were me I would hang tight and begin to study up on CCP 96 and 98, getting that live witness to trial, in case they choose to continue.....

Will do, thanks.

They will actually need to bring up to four witnesses I think?

1. Witness from OC to testify to the correctness of the OC's business records that were sold and transferred to JDB#1.

2. Witness from the OC to testify that the alleged account was sold to JDB#1 (could possibly be the same witness from the OC).

3. Witness from JDB#1 to testify to the accuracy and correctness of the records sold and transferred to JDB#2.

4. JDB#2's custodian of records to testify to the accuracy and correctness of their own records.

Did I miss anything?

I think you're right, no phone call, I'll just continue to play. After all, having the CCP 98 subpoenas served will cost some money and make my claim for court costs go up, it will cost them more money...

In a twisted sort of way, this is kind of fun... VERY time consuming, but with all the great help here and actually prevailing, it's kind of fun.

All who read this, you too can fight and win. As I've said before, I was really overwhelmed when this thing started almost a year ago but now, with all the great help from here, I feel empowered. I don't want to speak too soon, but it looks good for a victory at trial.

PLEASE fight these bottom-feeders, they don't deserve the easy money default judgments bring them. The heartless approach these JDB's take is unforgivable. While observing in court one day I saw a JDB, who's judgment started out at about 4 grand and has grown to about 10 grand, attempting to move the court to make this guy sell his home because he had about 20 grand in equity. Unbelievable, they were will to kick this guy and his family out of his home for something they probably paid a few hundred bucks for.

Fight, fight, fight!

rt

Edited October 19, 2012 by Rivertime

[calawyer]

This is a very big deal. First time in my memory that someone from California defeated a summary judgment motion. There are a lot of documents to prepare and respond to and it is not easy to prepare for the argument.

You did a really great job on this one and should be VERY VERY proud of yourself.