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MTC BOP Tentative Ruling


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No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judges
secretary at XXX-XXX-XXXX, stating that you submit on the tentative. Please include the hearing date, the case
name and case number on your telefax. Do not call in lieu of sending a telefax, nor should you call to see if your telefax
has been received. If you submit on the tentative without appearing and the opposing party appears, you run the
inherent risk of the hearing being conducted in your absence.
The court's tentative ruling is to:
Continue for proof of service or deny without prejudice as there is no showing that the motion was served on Plaintiff,
and thus the Court does not rule on the motion at this time.
TENTATIVE RULINGS

 

 

What does this mean...In English?

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No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judges

secretary at XXX-XXX-XXXX, stating that you submit on the tentative. Please include the hearing date, the case

name and case number on your telefax. Do not call in lieu of sending a telefax, nor should you call to see if your telefax

has been received. If you submit on the tentative without appearing and the opposing party appears, you run the

inherent risk of the hearing being conducted in your absence.

The court's tentative ruling is to:

Continue for proof of service or deny without prejudice as there is no showing that the motion was served on Plaintiff,

and thus the Court does not rule on the motion at this time.

TENTATIVE RULINGS

 

 

What does this mean...In English?

 

 

How did you send this to the Plaintiff? Did you send your motion with the Proof of Service? It looks like the Plaintiff was not served properly...my guess

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Yes, I did use Proof of Service.  Everytime i sent something it was with POS and CMRRR.

 

so based on" there is no showing that the motion was served on Plaintiff" was the motion received 16 court days + 5 days to tal of 21 court days prior to your hearing. So look at the date they received it based on cmrrr is it still the 21 court days notice?

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For a profession that's supposed to pride itself on its writing skills, that paragraph is certainly a mess.

 

My understanding is that "submit on the tentative" means you're willing to waive oral arguments and go along with the tentative ruling.  Since the tentative is against you, that would be less than ideal.

 

My guess is that either you forgot to include the signed proof of service for the motion when you filed the motion, or that proof of service got lost in the shuffle somewhere. I would consider appearing at the motion hearing with a copy of the signed proof of service. The good news is that it sounds like the worst case scenario is having to file the motion again later.

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They received it 11/9 with the hearing scheduled for 12/12.  The POS and MTC was mailed to the courts for filing with postage paid return envelope shortly after 11/9.

 

Will the Judge hear me tomorrow or do I have to notify the Plaintiff I will be going?

 

 

I would go to hearing and plead your case and show what you have and when they received it. Then go from there.

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It says "no notice of intent to appear is required," and goes on to warn that the party who submits to the tentative risks having the other side show up, so I should think you should be able to just waltz in without notifying anyone. But triple-check your local rules of court!

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I dont have the courts returned Stamped copy of my MTC BOP.  However, I have the Plaintiffs CMRRR receipt and their Opposition to MTC.  I also have my Stamped Copy from the court of my Response in Support of MTC further BOP and the Plaintiffs CMRRR for my Response in Support of MTC.

 

So they obviously received the MTC BOP because they sent me a Opposition to MTC.  None of their docs have been filed with the court when I check the case but all of mine are there.  Seems odd that they didn't record the MTC POS as it was attached to the MTC.  In fact, I had to add all the Exhibits to the POS.

 

So I guess I go tomorrow.  Will they call me up or is my MTC hearing removed?  Who should I talk to when I get there?

 

TY all,

 

JW

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First you should have telefaxed today, so the court knows you aren't submitting to the tenative ruling. Probably to late tonight. Show up tomorrow, you may need to reset the hearing, for a new date. Of coarse you do have proof of service, so they may hear the motion.

At the end of day, I never file by mail period. For the very reason you are experiencing, it was recieved, and mis-filed, so judge rules.

In my county the clerk would let get away with the following-

I would show up with my 3 copies of everything to be filed including a completed POS. I would then tell her I was going to the POS person who would be mailing the document right after I leave here. They would time stamp everything and done, with out the second trip to the clerks office.

It may work or not depending on your county and clerk. Generally I found if my information and filings were tight with no mistakes, it was no problem.

Best of Luck tomorrow, definitely want to show up, even if it ends in reschedule....

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It says "no notice of intent to appear is required," and goes on to warn that the party who submits to the tentative risks having the other side show up, so I should think you should be able to just waltz in without notifying anyone. But triple-check your local rules of court!

I would think they might set you up. Did you file the POS with the Court? If you did then you should be good. file that POS with the court. also did you give a copy of the POS to the other side? That will way heavy. I believe the court is dodging the bullet. Go to court and file the proof of service and the CMRRR(Make sure you make a copy of the CMRRR) It sounds to me like the judge is making rulings without the necessary being in the right. So definetly go there was a POS and the plaintiffs recieved it and the motion. If it was with the motion then you have to say that it was there I have incontrivertable proof and the court and plaintiff had notice of the motion. The issue is one that could become appealeable in the future but if you don't argue it it will be waived. So show up they will to say they didn't get it. I have to say that your judge sounds familiar same MO. ask the judge why he refuses to hear it for the record. It was properly served, the plaintiff signed for it so the cannot say they did not recieve it. I can find no reason why the court shouldn't grant the motion all the controlling caselaw says no response equals preclusion. They have nothing your honor. and I respectfully request you rule on this proper motion for preclusion.

 

The plaintiff's recieved it yet do not offer opposition, so the motion is unopposed and should be granted because it is meritorious. This motion is common in these types of cases, and shouldn't be ignored when they are meritorious. Represented parties get their motions heard even if their are errors. Plaintiffs offer no reason why it shouldn't be granted impartially.

 

The 2nd district court of appeals is binding on this court and it's decision is binding. It is not my fault the fail to respond but It is my right to preclude under CCP 454 with statute and caselaw in accord the court must grant the motion anything else would be prejudicial to my rights under the law.

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Well the clerk walked it in this morning saying..Oh this MTC BOP just came in. It was sent in early November! Anyway the want to continue it for Friday. Any advice on how to argue to get them to Compel or Preclude. Do I have to file another Motion to Preclude or will the MTC with Preclude language in it suffice?

Also, if denied, can I say that I will then have to file a MTC on my demand for POD?

Thanks for all the prompt replies.

JW

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Well the clerk walked it in this morning saying..Oh this MTC BOP just came in. It was sent in early November! Anyway the want to continue it for Friday. Any advice on how to argue to get them to Compel or Preclude. Do I have to file another Motion to Preclude or will the MTC with Preclude language in it suffice? Also, if denied, can I say that I will then have to file a MTC on my demand for POD? Thanks for all the prompt replies. JW

 

Have your Proposed order for the Judge that says they have to submit documents to you add ten days from the date of the hearing, if they don't produce then it is precluded. Lookup mutedebt's thread. I had mentioned to use ccp 116.222. Something like look what legislature requires of the Plaintiff in the lower Courts, how much more in this case when the amount is far greater. It was something like that but look at her thread.

 

Have you submitted your POD requests already?

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I think the motion would be sufficient. It is funny how the clerk just gave them the POS. You see the judge is dirty, the clerks are dirty, this whole industry is inapposite to way that things are supposed to go. Instead of correcting their pleading strategy, or tightening up their procedures they sling the influence. I cannot believe how the courts so despise self represented litigants that they would snuggle up to the debt collection industry.

 

I believe that with the judiciary on their own agenda, we need better oversight of the judiciary. You see how the court says oops harmless error but it would be a critical error. Also There is something amiss in that the court rulings are now slanted towards the CA's now that the number of defenses have increased.

 

The best protection for you against mistreatment by the court is have a couple of friends  in the court who can witness the bad conduct.

 

If you know someone is going to court for an important hearing, and you can, you should go and observe and bear witness for them. You also get more court time and see how the judge rules. I believe without a witness the bullying continues. Ok off the soapbox sorry.

 

For the motion, If it is continued till friday then prepare oral arguments and be ready. Try to take someone to witness it because I believe they will wait till everyone is gone to clear decks so to speak. Based on your tentative I believe someone here is really close to you. Maybe they will PM you.

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OK Iguess. JDB Lawyer came in and asked if they could file their Opposition to MTC BOP as they don't know why it was never received/filed before. Courts are pretty much furlowed/closed over the next few weeks so Judge calendared it to early January to hear MTC BOP. Why would an Opposition filining have any merit as to wether or not Judge would order them to compel? The tentative ruling stated that BOP was appropriate based on the insufficient information I have received.

Also, JDB attorney stated (we had Meet & Confer in hall after) that they don't have any additional info right now and would have to order it but they will get what they need. How can they even bring a suit without the necessary documentation to prove STANDING?

Thank you so very much for your help helpme. I went ahead and went with the CIV-130 form as it is fillable and had the POS attached to it.

http://www.courts.ca.gov/documents/civ130.pdf

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Also, JDB attorney stated (we had Meet & Confer in hall after) that they don't have any additional info right now and would have to order it but they will get what they need. How can they even bring a suit without the necessary documentation to prove STANDING?

 

Because they don't expect fighters like you. They like people who roll over and just take it. If you didn't respond like 95% of the people they sue, they wouldn't need it. Sad... but true.

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Hey JW,

 

All is not lost...it looks like your judge is being fair but has already ruled. You have a solid mtc. The judge has a reserach team that has already researched all the caselaws you had put in your mtc. Just hang tight....they have to send you their opposition so that you can get your reply in 5 days before the new hearing....you still have the other caselaws and now you have more time to research more...so all is not lost...just time....

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