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jims86lxihb

Trial set for begining of Feb Citibank and Hunt & Henriques have questions

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Here's the standard set of questions and answers.

1. Who is the named plaintiff in the suit? Citibank

2. What is the name of the law firm handling the suit? Hunt and Henriques

3. How much are you being sued for? $11,600

4. Who is the original creditor? Citibank

5. How do you know you are being sued? Letter from court

6. How were you served? In person

7. Was the service legal as required by your state? Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

Dunning letter

9. What state and county do you live in? California, central california

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sep, 2009

11. What is the SOL on the debt? Sep, 2013

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Set for trial beginning of Feb 2013

13. Have you disputed the debt with the credit bureaus? No

14. Did you request debt validation before the suit was filed? No

15. How long do you have to respond to the suit? Already set for trial, beginning of Feb.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Copies of all statements, affidavit, and signed contract.

Additional facts.

1. I cannot settle for any dollar amount, period.

2. I have a attorney retained to file chapter 7 bankrupcy. HOWEVER, I cannot file for serveral months since I will have to surrender one of my vehicles that I have to have for work. Reason is, I have family that can donate a car to me, but that simply cannot happen until June of this year at the earliest.

3. I have zero income to spare for a wage garnishment.

So, here are my question's or thoughts that I need help on.

Do I?

1. File ccp98 within the 30days of trail date.

2. File arbitration request with JAMS and with plaintif

3. File abritration request with JAMS and with plaintif and also sending them the name and address of my retained bankrupcy attorney.

I appolgize in advance for any informantion I forgot to include

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I'm not sure if California is an either file an answer or file arbitration state or if you can do both.  That's what I would find out.  Once you know, then you can make your decisions on which or both you will do.  

 

It's my personal opinion that giving out bankruptcy attorney information will only piss off a judge if they find out you are only intending to file bankruptcy at a later date.  You may be able to delay things with normal court procedures like discovery, continuances, etc.  Sometimes these things take a very long time in normal court proceedings.   Since it's a large amount I doubt arbitration will put them off much.  

 

Did you not answer the suit? 

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Since you've retained an attorney for bk, you should be talking to him.  He would know what you should or should not do.

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I'm not sure if California is an either file an answer or file arbitration state or if you can do both.  That's what I would find out.  Once you know, then you can make your decisions on which or both you will do.  

 

It's my personal opinion that giving out bankruptcy attorney information will only piss off a judge if they find out you are only intending to file bankruptcy at a later date.  You may be able to delay things with normal court procedures like discovery, continuances, etc.  Sometimes these things take a very long time in normal court proceedings.   Since it's a large amount I doubt arbitration will put them off much.  

 

Did you not answer the suit? 

I've thought about a continuance, but cannot come up with any legal basis for the request.

I filled my answer back when the suit was originally filled. I filled a BOP request at the same time. Hunt sat on the case for a very long time and I suppose I could have got them for insuffecient responce to the BOP request. However it was case of no news was good news since the case was going nowhere. That is until they up and sent every everything the BOP demanded recently along with a request to set a trail date.

Their has been no discovery. Given what they have, and my take on California discovery law I don't see me being able to demand discovery before the trail date.

Citi will have to weigh JAMS fee's, which would be very high vs the economic likely hood that I can actually pay should they prevail in that forum. Hunt did a hard pull on my credit and yet still filled in court. Sorry unless I can prefect printing money in my garage, nobodies getting a cent.

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Since you've retained an attorney for bk, you should be talking to him.  He would know what you should or should not do.

Oh I have. Net result is me having to surrender my car. I commute out of town, no car = no job and no more income from that job. I simply lack the income to spring for a new car to replace one I'd have to surrender in bk. I have a family member that is willing to help, but cannot do so until he gets his bonus in June.

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Hold off on the BK,You stand a good chance the creditor will not want to pay the fees.

Borrowed this post from the other site for information purposes,citibank california arbitration case.

 

Rough flow of JAMS procedure:

1.) You (or creditor) initate arbitration by sending in paperwork and instructions (link in JAMS post). DO NOT SEND $250 CONSUMER FEE!

2.) JAMS sends a letter about 2-3 weeks later to all parties indicating "Notice of Demand for Arbitration."

3.) After creditor receives notice of JAMS arbitration and realizes how expensive it is and they have to freight nearly 100% of bill under JAMS consumer rules, some creditors take this oportunity to negotiate to make you go away, some scream bloody murder. What you do is dependent on who you are dealing with. Some creditors are slimy...they will scream "commercial", (which means 50/50 JAMS fee pay, BAD) you just need to stick to your guns and say the consumer arbitration clause applies to all disputes between parties. The initiator is given benefit of the doubt...usually. I've gotten clear commercial issues treated under a consumer arbitration clause by AAA because the consumer clause had expansive language including "all disputes". So hold these jokers feet to fire on consumer designation of arbitration. (If it gets flipped to commercial, which has never happened to me, you can refuse to pay your 50% and arbitration will die if creditor doesn't pay.)

4.) 6 weeks to 6 months later, non consumer party pays the $850 initial fee, and your $250 consumer fee if you demanded other guy pay. If creditor does not pay, JAMs gives you option to pay for them. If no one pays, ARBITRATION DIES. (So does creditors claim if under court order to arbitrate. They would be in violation of court order.)

5.) ONCE INITIAL FEES AND DUTIES ARE PERFORMED BY BOTH SIDES, (Most of the time this is just making sure fees are paid, sometimes there is preliminary argument over arbitration clause.) a "NOTICE OF COMMENCEMENT" of JAMS arbitration is sent. A list of 5 arbitrators is sent to you. Search their bios and google them! Generally you want arbitrators with strong history of consumer rights or knowledge of consumer law. You get to strike 2 names and rank the remaining 3 by preference. Non consumer party is billed $2000 for preliminary arbitrator retainer.

6.) After a $2000+ supplementary JAMS bill is paid by creditor, 4-8 months from filing (2-4 weeks after commencement) an initial scheduling telephone conference is scheduled with arbitrator. You go over issues like:

1.) deadline for answer and counterclaim
2.) streamlined vs. comprehensive rules
3.) discovery deadlines
4.) potential witness and discussion if expert witnesses are going to be part of the arbitration
5.) number of allowed depositions
6.) dispositive motion timeline (motions for dismissal, SJ, or other motions that would possibly resolve the case.)
6.) where arbitration hearing will be held, how many days hearing will take.
7.) in my conference we discussed who pays legal fees. Arbitrator ruled in my conference that Cap1 arbitration provides that each side bears costs "regardles of outcome". (Meaning I could run the bill and Cap1 could not recover.) This is not to say another arbitrator will not interpret it differently.


The 1st scheduling conference will set the timeline very clearly. I wanted quick arbitration, and we set a hearing for 6 months out. We never got past my 1st motion. We took 3 months to get proper settlement language and arbitrator held over his services until the settlement was cemented. I literally walked away from my debt in the settlement and killed 2 lawsuits with it!


http://www.consumerfinance.gov/credit-cards/agreements/issuer/196/ Citibank agreement with arbitration

http://www.jamsadr.com/rules-download-rules/

http://www.consumerfinance.gov/credit-cards/agreements/issuer/196/

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

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so fight the lawsuit...

So that's one vote for option 1. file ccp98 and fight.

To be sure, you did read that the OC has sent me all statements since inception and the signed application, correct?

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Hold off on the BK,You stand a good chance the creditor will not want to pay the fees.

Borrowed this post from the other site for information purposes,citibank california arbitration case.

 

Rough flow of JAMS procedure:

1.) You (or creditor) initate arbitration by sending in paperwork and instructions (link in JAMS post). DO NOT SEND $250 CONSUMER FEE!

2.) JAMS sends a letter about 2-3 weeks later to all parties indicating "Notice of Demand for Arbitration."

3.) After creditor receives notice of JAMS arbitration and realizes how expensive it is and they have to freight nearly 100% of bill under JAMS consumer rules, some creditors take this oportunity to negotiate to make you go away, some scream bloody murder. What you do is dependent on who you are dealing with. Some creditors are slimy...they will scream "commercial", (which means 50/50 JAMS fee pay, BAD) you just need to stick to your guns and say the consumer arbitration clause applies to all disputes between parties. The initiator is given benefit of the doubt...usually. I've gotten clear commercial issues treated under a consumer arbitration clause by AAA because the consumer clause had expansive language including "all disputes". So hold these jokers feet to fire on consumer designation of arbitration. (If it gets flipped to commercial, which has never happened to me, you can refuse to pay your 50% and arbitration will die if creditor doesn't pay.)

4.) 6 weeks to 6 months later, non consumer party pays the $850 initial fee, and your $250 consumer fee if you demanded other guy pay. If creditor does not pay, JAMs gives you option to pay for them. If no one pays, ARBITRATION DIES. (So does creditors claim if under court order to arbitrate. They would be in violation of court order.)

5.) ONCE INITIAL FEES AND DUTIES ARE PERFORMED BY BOTH SIDES, (Most of the time this is just making sure fees are paid, sometimes there is preliminary argument over arbitration clause.) a "NOTICE OF COMMENCEMENT" of JAMS arbitration is sent. A list of 5 arbitrators is sent to you. Search their bios and google them! Generally you want arbitrators with strong history of consumer rights or knowledge of consumer law. You get to strike 2 names and rank the remaining 3 by preference. Non consumer party is billed $2000 for preliminary arbitrator retainer.

6.) After a $2000+ supplementary JAMS bill is paid by creditor, 4-8 months from filing (2-4 weeks after commencement) an initial scheduling telephone conference is scheduled with arbitrator. You go over issues like:

1.) deadline for answer and counterclaim

2.) streamlined vs. comprehensive rules

3.) discovery deadlines

4.) potential witness and discussion if expert witnesses are going to be part of the arbitration

5.) number of allowed depositions

6.) dispositive motion timeline (motions for dismissal, SJ, or other motions that would possibly resolve the case.)

6.) where arbitration hearing will be held, how many days hearing will take.

7.) in my conference we discussed who pays legal fees. Arbitrator ruled in my conference that Cap1 arbitration provides that each side bears costs "regardles of outcome". (Meaning I could run the bill and Cap1 could not recover.) This is not to say another arbitrator will not interpret it differently.

The 1st scheduling conference will set the timeline very clearly. I wanted quick arbitration, and we set a hearing for 6 months out. We never got past my 1st motion. We took 3 months to get proper settlement language and arbitrator held over his services until the settlement was cemented. I literally walked away from my debt in the settlement and killed 2 lawsuits with it!

http://www.consumerfinance.gov/credit-cards/agreements/issuer/196/ Citibank agreement with arbitration

http://www.jamsadr.com/rules-download-rules/

http://www.consumerfinance.gov/credit-cards/agreements/issuer/196/

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

Your reply echo's what I've been reading about ARB. Thank you for all the detail in your reply. Do you think I would cover my bases and also file CCP98 as well as the JAMA filling?

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I would file before the case goes to trail

IT PROVIDES THAT ANY DISPUTE MAY BE

RESOLVED BY BINDING ARBITRATION. ARBITRATION

REPLACES THE RIGHT TO GO TO COURT, INCLUDING

THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE

IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION,

A DISPUTE IS RESOLVED BY AN ARBITRATOR

INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES

ARE SIMPLER AND MORE LIMITED THAN COURT

PROCEDURES.

Agreement to Arbitrate:

 

 

Either you or we may, without the

other’s consent, elect mandatory, binding arbitration for any

claim, dispute, or controversy between you and us (called

“Claims”).

At any time you or we may ask an appropriate court to

compel arbitration of Claims, or to stay the litigation of

Claims pending arbitration, even if such Claims are part of a

lawsuit, unless a trial has begun or a final judgment has been

entered.

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I'll do the JAMS filing first before notifying Citi , it is notorious for taking cases to AAA if you don't file and pay for JAMS first.

 

I would attach JAMS paperwork to my MTC so when the court orders arbitration it will show JAMS as the forum.

 

After order for arbitration is granted it may take another 2-3 months to sort out payment details, then you get to select the arbitrator, by then it will be around four to six months, afterward comes teleconferences,discovery and disclosure, extensions, motions, etc. by then you'll be good to drop the bomb. Even if you need more time or judgement is awarded you can appeal per the terms of Citibank's contract and get a do over  ! This time triple the amount of the first arbitration courtesy of Citibank's clause !

 

In my opinion Arbitration is the way to level the playing field with this OC, but gotta be patient.

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You can fight and then if you lose motion for new trial or JNOV or both and then appeal but as soon as you file BK everything is stayed. You may try to get the trial date pushed back by stipulation with plaintiff's and request some interrogatories for ESI then plaintiff's will really have to ask for more time to produce. also the way you are fighting is going to be based on evidence foundation, reliability, and witness(not declaration) testimony.

 

So the cases for that are in re: Vinhee, Taggart v. Super Seer Corporation, a few others and really make them work for it.

 

If you haven't done discovery now is the time. If the court hasn't ruled on arbitration then if you or them have done discovery then you have to either argue that the jurisdiction of the court is trumped by arbitration in a motion to compel discovery or you have to do discovery(which will blow arbitration) and push for more time. The courts are not going to want to push the trial date back so you have do either or.

 

Let us know which way you want to go right now because if you are going to fight you have discovery cutoff coming up soon. Personally I think your arbitration ship has sailed so if you are going to fight you have to fight hard out of the gate.

 

To get in ESI requests look up the ESI RFPDzip file and do some form interrogatories. They will be sending a CCP 98 declaration soon so prep your trial brief accordingly(I have some arguments for vinhees and taggart.) get those discovery requests out pronto. and prep for trial I think you didn't push hard enough for arbitration and they dragged azz to eat up discovery time.

 

since you said they had everything you have to trash their witness look at the in RE vinhee, and Lorraine v markel decision to see how to do the witness knowledge trashing.

 

Sorry arb didn't work out for you. 

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I'm not sure if California is an either file an answer or file arbitration state or if you can do both.  That's what I would find out.  Once you know, then you can make your decisions on which or both you will do.  

 

It's my personal opinion that giving out bankruptcy attorney information will only piss off a judge if they find out you are only intending to file bankruptcy at a later date.  You may be able to delay things with normal court procedures like discovery, continuances, etc.  Sometimes these things take a very long time in normal court proceedings.   Since it's a large amount I doubt arbitration will put them off much.  

 

Did you not answer the suit? 

I think I agree tht the judge will be pissed about the BK as he has wasted judicial resources. If you fight hard now then file BK the court won't be so mad.

For the record:

IF YOU ARE GHOSTING THE BOARD AND DON'T SAY HIGH HOWDY MONTHS BEFORE TRIAL THEN WHEN YOU HAVE 30 DAYS OR LESS WE WILL NOT BE ABLE TO HELP VERY MUCH. PLEASE COME IN FROM THE DARK AND POST WE DON'T BITE AND CAN HELP PREVENT THIS FROM HAPPENING.

Sorry for the caps and oversized font but people can be stubborn and not ask for help when they think they got it but a vital part such as compelling arbitration has not stopped the trial clock.

 

Oh and OP welcome to fight club.

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You can fight and then if you lose motion for new trial or JNOV or both and then appeal but as soon as you file BK everything is stayed. You may try to get the trial date pushed back by stipulation with plaintiff's and request some interrogatories for ESI then plaintiff's will really have to ask for more time to produce. also the way you are fighting is going to be based on evidence foundation, reliability, and witness(not declaration) testimony.

 

So the cases for that are in re: Vinhee, Taggart v. Super Seer Corporation, a few others and really make them work for it.

 

If you haven't done discovery now is the time. If the court hasn't ruled on arbitration then if you or them have done discovery then you have to either argue that the jurisdiction of the court is trumped by arbitration in a motion to compel discovery or you have to do discovery(which will blow arbitration) and push for more time. The courts are not going to want to push the trial date back so you have do either or.

 

Let us know which way you want to go right now because if you are going to fight you have discovery cutoff coming up soon. Personally I think your arbitration ship has sailed so if you are going to fight you have to fight hard out of the gate.

 

To get in ESI requests look up the ESI RFPDzip file and do some form interrogatories. They will be sending a CCP 98 declaration soon so prep your trial brief accordingly(I have some arguments for vinhees and taggart.) get those discovery requests out pronto. and prep for trial I think you didn't push hard enough for arbitration and they dragged azz to eat up discovery time.

 

since you said they had everything you have to trash their witness look at the in RE vinhee, and Lorraine v markel decision to see how to do the witness knowledge trashing.

 

Sorry arb didn't work out for you. 

Thank you for your reply. I'm confused why you would think my arbitation ship has sailed and why you end your post, "sorry arb didn't work out for you".

This is the lauguage of the cardmember agrement uses.

At any time you or we may ask an appropriate court to

compel arbitration of Claims, or to stay the litigation of Claims

pending arbitration, even if such Claims are part of a lawsuit,

unless a trial has begun or a final judgment has been entered.

I fully intend on filling for arb with JAMS.

I will also file ccp98 and ccp96 as a plan B, my afiant is the same one that got thrown out in another California court with the same lawfirm and Citibank.

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Here is a pre trial checklist:
60 days before trial:
1. start the trial brief research and creation.
2. make an outline of issues for trial(you should by this point know this)
3. if you haven't done some discovery things you better do this on this day or the next at the latest.


35 days from trial:
1. All discovery completed on your part
2. Send other parties CCP 96 statement:http://www.courts.ca.gov/documents/disc015.pdf
3. check discovery sent to you for the declaration in lieu of live testimony. Check to see if it has these words or something like it:

"I certify (or declare) under penalty of perjury under the laws of
the State of California that the foregoing is true and correct":
_____________ _________
(Date) (Signature)

If not prepare to excluded it before trial in limine(look it up).

4. Get all discovery and or evidence(except evidence for impeachment) to the plaintiff no later than day 35 before trial(if you are not using a calendar to keep track of the court dates you could lose, Judges are not like bosses and let things slide)

5. send your trial brief and declaration in lieu of live testimony to the plaintiff's by this date. This should be a red circled date on your calendar.

6. Check your courts local rules for motions in limine if they have to be sent by the discovery deadline do so. If not mark 5 days sooner on the calendar to make sure you get it out.

20 days before trial:

1. Subpoena the witness identified in the CCP96, CCP98 declarant at the address stated in the declaration(recommend using the sherriff's office they are cheaper and thorough and debt collectors don't lie to them)

2. Make your trial issue outline and prepare for oral arguement. Ignore calls from the lawyer. but listen to the voicemail to see if it is a meet and confer.

3. Make sure you understand(not just read) all the cases you cite and the reason you are citing them.

4. Make up your trial binder

10 Days out:

1. if you haven't done so file the motion in limine and send it to plaintiffs with proof of service. The courts all have different rules for MIL so you have to check 60 days out.

2. Stop reasearching everyday make it every other day so your brain can analyze your research.

3. Start practicing your Oral arguements. Best if you have someone listen to you (like the built in conversational hostage known as a spouse ) to help Identify the tone and presentation errors that make the court not want to listen. Eliminate the whinney or, loudly stated or, rightously indignate tone. Think Mr. Spock style where you argue the points in a calm manner using non pointing hand gestures(in the military the people use the whole hand to point). Make your points quickly and practice with your oral arguements partner for various objections(attorneys use these to preserve for appeal an issue and to disrupt your informational flow. Learn all the objections available and use them at appropriate times to disrupt the plaintiff and to preserve issues on appeal) Objection, hearsay will do in a pinch.

5 days out:

1. try to relax(I know it is tough with so much on the line) On this day no case, no CIC, watch a movie, read a book, you are taking the day off(all day make a vacation day at work and take this day for yourself). By order of Seadragon I will not respond to posts and PM's if you are 5 days from trial(unless you just found out about CIC and are playing SERIOUS catch-up) I invite everyone to ignore posts and requests from the 5 days before trial posters so they can relax(and yes I mean calendar days, shees you are starting to sound like a lawyer dang.)

2. I mean it no other things case related posts. wine discussion is the exception in the wine forum and off topic.

4 days out:

Go over your evidentiary objections again. and try to figure out what objections they are going to raise.

2 days out.;

Have everything organized for trial. read the court opinions for any financial institution case on this link:

California Courts - Opinions

pay attention to the slip opinions for the appellate divisions and the supreme court.

Night before trial:
sleep, sleep, sleep. If you don't know it now you'll just have to wing it. ke sure you look nice for court. but get alot of sleep. Your taking the whole day off so you can relax and feel good before court.

If you have a spouse hug them and thank them for being patient while working on this.

Trial Day:
Think battle and everything you wear as your armor and every piece of paper as your weapon. Listen to public enemy on the way to court. when you are waiting in the hall do the crossword from the paper. Take someone to take notes for you and so they can be a witness to what happens. take a recorder and ask the court if you can record for note taking purposes and for historical reasons.

Do not get to the court earlier than necessary to get through security and 5 minutes before the doors open. Do not sit on the bench. stand next to an attorney, don't fumble through your stuff. Check the court calendar and see what number you are on the calendar. Check in with the clerk walk through the doors like the attorneys do and stand in line for the clerk.

When or if the plaintiff's attorney approaches you give them the serious warface, ok just look serious not scared. listen to what they have to say and DO NOT ACCEPT PIECES OF PAPER FROM THEM. If they try to give you anything, say the discovery cutoff was 30 days ago I cannot accept it. That is all. and with assurance say to them Good luck. do not settle with them but if they do talk settlement offer a counter proposal of 40.00 dollars.

when waiting for your case to be called observe the courts demeanor and try to guage the response your case will elict from the court.

Standard trial procedure is this:
Motion in limine(this is going to be contentious and the plaintiff's are going to bluster)

Plaintiff's opening statement(don't object during this)

Your opening statement(request to defer your opening statement untill the plaintiff rests their case, this is so they don't tailor their case to trash your opening statement)

plaintiff introduces the witness or the declaration in lieu of live testimony(objection on hearsay,lack of personal knowledge, improper foundation) and argue strongly for the objection and bring that standing issue right out there in the open.

direct examination of the witness
cross examination use the trial questions on here
redirect
recross
and so on till the court says stop.

when the plaintiff rests move for a directed verdict
note the courts ruling on this.

If they deny the directed verdict object politely and state for the record you are objecting for reasons in defendants case in chief.

make your opening statement if the plaintiff interrupts object to that right away stating I was professional and didn't interrupt go over the points you are making an any evidence you will be introducing.

call the witness to the stand(your witness or their witness for some questioning abuse)

make your closing argument if allowed and then request a Statement of Decision.

then quietly wait for the court to speak write down anything they rule on. when the court allows leave with them and in the hallway say "Have a nice day"(military speak for Go f yourself)

go to your car and have your freak out(it's ok happens all the time) and then go home and hug your spouse and your kids and all of you go out to dinner.

That is the best way I know feel free to add to it.

 

Fr Seadragon:

 

Check list for trial in california

1. all affidavits supplied in discovery from out of state comply with CCP 2015.5 if not then cite Kulshrestha v. First Union Commercial Corp., 33 Cal. 4th 601 (Cal. 2004)(precedent for CCP2015.5 out of state affidavit without the california statute statement of perjury)

2. all affiants are employees or have Personal knowledge if not cite Herrera v. Deutsche Bank National Trust Co.,
196 Cal. App. 4th 1366 (Cal. App. 3d Dist. 2011 n.5)(this is about hearsay declarations it is a partially published opinion) and
Cooley v. Superior Court,
140 Cal.App.4th 1039 [45 Cal. Rptr. 3D 183](2006)

3. all evidence complies with the evidence code for foundation and exceptions rules if not then cite: CCP 436 and strike it

4. No showing of standing then cite these;
A litigant's standing to sue is a threshold issue to be resolved before the matter can be reached on the merits. (Hernandez v. Atlantic Finance Co. (1980) 105 Cal. App. 3d 65, 71 [164 Cal. Rptr. 279].)

Standing‘goes to the existence of a cause of action.’ [Citation.]” (5 Witkin, Cal. Procedure (4th ed. 1997) Pleading, § 862, p. 320.)

 

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Is there anyone out here that have met Dorothy Ruiz  in a court after serving your subpoena ? And did you win the case against Citi ?

 

Any sharing would be really appreciated !!!

 

Cheers !

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Is there anyone out here that have met Dorothy Ruiz  in a court after serving your subpoena ? And did you win the case against Citi ?

 

Any sharing would be really appreciated !!!

 

Cheers !

 

You need to start your own thread since many times people won't notice your question tucked in another thread.

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Update

I have sent notice of abritration election for JAMS to Citi and Hunt and Henriques. Next day I filled for a ex parte hearing for a continuence so Citi and their attorneys can stay the court action and honor my arb reqest. Hearing was today and trial was continued to Feb 26th. Sent out arb demand to JAMS today.

[edit]

Update trail has been stayed pending arb.

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Hello Jims86lxihb,

 

(This is only for your added info as you have already started the ARB).

 

You mentioned you are a candidate for BK , thus, maybe  judgement proof, if in case you lose the case (which I doubt - I had two cases with H&H recently- 9.5K & 11.9K respectively,  which they dismissed without prejudice ---one reason I guess is the fact they figured I  was judgment proof- I had communicated the same to them!).  Filing BK immediately thereafter will give protection to your assets and future earnings.

 

The CCP96 then CCP98 is an excellent Plan B for you, if ever  (BOP and CCP 96 is all I did BTW) -- and be ready to face them in court ---access Sandra Pacheco's case with trial briefs for your reference- it is all laid out there.  Look up thread under SkippyB for Sandra Pacheco's case, and ASTMedic for further reference plus all the wonderful advice in this thread on how to deal with the live witness, if any.

 

All the best,

Homeschool Mom

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I was not being contentious but letting people know of a very real problem in the maor counties of California. Judges routinely deny those motions so having the backup plan is essential. To fight if you are not allowed arbitration has to be done. If you let the court rule by default because you didn't participate in the trial, the appellate division will say that you didn't adequately move for anything to preserve the issues for appeal.

 

You can and should move to dismiss due to the courts lack of subject matter jurisdiction, also you should not have participated in discovery, and you should only have fought jurisdiction the whole time. In the majority of these cases if you participate in discover you have waived the arbitration, this is the area the courts excercise it's jurisdiction and states that defendants waived arbitration.

 

So it is imperative to have a defense when that occurs.

 

I am not dogging arbitration, I am just saying the plaintiffs are oily in getting it waived. The courts go along because they make alot of money from these suits.

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BK is also useful to the extent that it short circuits their ability to "forgive" the debt and hit you with a 1099 for the full amount of the debt, thus sticking you with a tax liability which is not dischargeable in BK.

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