easy619

Motion to Compel granted...this should be interesting

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So, my motion to compel documents was granted. Midland didn't even send a lawyer, they no showed. I wore a suit, everyone thought I was an attorney until I stated my name and in pro per. The judge even commented that my motion was very well prepared. Now comes the interesting part. I was granted the motion because midland was late responding to my request for production of documents, and hence waived all of their rights to objection. They have to give me everything with no right to object. Now we'll see what they really have. I used ASTmedic's motion to compel as a starting point and tweaked it from there. Things are going alright for me so far, thanks to lots of help from ca lawyer, astmedic's thread and lots of other stuff on here. Next step is to beat these JDBs. I'd be happy to share my motion and separate statement with anyone going through the same business.

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Excellent.  Nice going.  Get a proposed order in front of the judge Asap and, when it is signed,  serve it on plaintiff by express mail or by hand.  Time to comply with the order runs from service of notice of entry of the order not from the date of the hearing. 

 

If you need help with the proposed order, let us know.

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Hmm, I wasn't aware of that. I put one together after a little research. How does this look? How do I go about bringing this before the judge? I'll have to wait till monday. Also, how do I notify the court/plaintiff of a new address? 

proposed order - share.docx

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Hmm, I wasn't aware of that. I put one together after a little research. How does this look? How do I go about bringing this before the judge? I'll have to wait till monday. Also, how do I notify the court/plaintiff of a new address? 

The way we did it is we showed up early right before he started his day (so we had to look at judges calendar) then approached his clerk and asked to get it signed. Make sure you have 3 copies. 1 for judge 1 for you 1 to be filed with the courts. Then with the copy you will file with courts you will attach a notice order get that and your copy stamped. Make an extra copy of your copy and send to the otherside.

Thats how we were told to do it by judges clerk. Check with your judges clerk. Send an email to verify. Congrats on your motion.

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Just looked at your proposed order don't you mean the Plaintiff wavies all objections and not Defendant.

The other thing is add if plaintiff doesn't comply with the Courts order and Defendant doesn't receive a response by May 24th, all documents you requested will be precluded at trial.

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Bet they punk out and run for the hills very soon.

 

I hope so. I used your Motion as a starting point, it was very well done! Thanks for sharing with everyone. Helped make a daunting process a lot easier to tackle. The plaintiff dropped the ball on this one, allowing me to hit them in the mouth.

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Thanks for the advice. I'll have to run up the court house monday morning, then serve on plaintiff. Maybe I'll even drop it off in person. What does a Notice Order need to entail? I'm trying to find some info on them right now, but not having much luck yet. 

The way we did it is we showed up early right before he started his day (so we had to look at judges calendar) then approached his clerk and asked to get it signed. Make sure you have 3 copies. 1 for judge 1 for you 1 to be filed with the courts. Then with the copy you will file with courts you will attach a notice order get that and your copy stamped. Make an extra copy of your copy and send to the otherside.

Thats how we were told to do it by judges clerk. Check with your judges clerk. Send an email to verify. Congrats on your motion.

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Heading: NOTICE OF ENTRY ORDER

Date: date motion heard and granted

TO PLAINTIFF AND TO ITS ATTORNEYS ON RECORD HEREIN:

NOTICE IS HEREBY GIVEN that, on (date of hearing) , the above -entitled court duly entered an order granting the motion of Defendant's Motion to Compel (not sure what you mtc- bop, rfp etc) , attached hereto as Exhibit A.

Date: Signature of Defendant

Printed name of Defendant, In Pro Per

Exhibit A is the signed Court order.

Hth...

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Thanks! Should this notice be on pleading paper or formatted like a letter?

Heading: NOTICE OF ENTRY ORDER
Date: date motion heard and granted


TO PLAINTIFF AND TO ITS ATTORNEYS ON RECORD HEREIN:

NOTICE IS HEREBY GIVEN that, on (date of hearing) , the above -entitled court duly entered an order granting the motion of Defendant's Motion to Compel (not sure what you mtc- bop, rfp etc) , attached hereto as Exhibit A.


Date: Signature of Defendant
Printed name of Defendant, In Pro Per

Exhibit A is the signed Court order.

Hth...

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Ok, thanks everybody. Think I've got it ready to go, just needed to get it infront of my judge in the next 2 days. Now, I can't serve it in person myself, right? It still has to be a third party?

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Ok, thanks everybody. Think I've got it ready to go, just needed to get it infront of my judge in the next 2 days. Now, I can't serve it in person myself, right? It still has to be a third party?

Correct. You can't serve it and don't forget the pos.

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Hmm the clerk I spoke to told me I need to drop it in my judge's dept mail box with a self addressed envelope, and the judge will review it and send back. Aren't I on a time constraint here? It must be signed within 5 days of the hearing, correct?

 

I'm confused about the order of this all now, after reading some title three rules.

These are from the california courts website:

 

 

Rule 3.1312. Preparation and submission of proposed order

(a) Prevailing party to prepare

Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must, within five days of the ruling, serve by any means authorized by law and reasonably calculated to ensure delivery to the other party or parties no later than the close of the next business day a proposed order for approval as conforming to the court's order. Within five days after service, the other party or parties must notify the prevailing party as to whether or not the proposed order is so approved. The opposing party or parties must state any reasons for disapproval. Failure to notify the prevailing party within the time required shall be deemed an approval. The extensions of time based on a method of service provided under any statute or rule do not apply to this rule.

 

(B) Submission of proposed order to court

The prevailing party must, upon expiration of the five-day period provided for approval, promptly transmit the proposed order to the court together with a summary of any responses of the other parties or a statement that no responses were received.

 

 

 

 

I thought I need to have the proposed order signed first, and then served on plaintiff along with notice of entry. All i know is tomorrow (tuesday) will be 4 days after the hearing (fri). I'm going to try to catch my judge in the morning tomorrow and get it signed, or leave it in the dept mail if I have to. So I need to get the proposed order signed by judge, file a copy of the order and notice of entry with the court, and serve by overnight mail the order and notice on the plaintiff? Sorry, I just want to make sure this is done right!

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I hope so. I used your Motion as a starting point, it was very well done! Thanks for sharing with everyone. Helped make a daunting process a lot easier to tackle. The plaintiff dropped the ball on this one, allowing me to hit them in the mouth.

Funny part is I never even used the motion. I opted to just hold it back and let the evidence fall where it would.

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Yeah, I debated going that route, but I have a bit of a unique situation. plaintiff missed deadline and hence waived all objections, can't hide behind anything.

 

Funny part is I never even used the motion. I opted to just hold it back and let the evidence fall where it would.

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I just sent you a PM.  But for everyone else's benefit, here is the drill.

 

Hand deliver the proposed order to the judge with a cover letter enclosing the proposed order and a SASE for return.  Copy plaintiff.  No need for a POS on this.

 

After you get it signed, do a Notice of Entry.  This you will also file and have a POS.

 

Lastly, Helpme's notice is great except the title should be

 

Notice of Entry of Order.

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I just sent you a PM.  But for everyone else's benefit, here is the drill.

 

Hand deliver the proposed order to the judge with a cover letter enclosing the proposed order and a SASE for return.  Copy plaintiff.  No need for a POS on this.

 

After you get it signed, do a Notice of Entry.  This you will also file and have a POS.

 

Lastly, Helpme's notice is great except the title should be

 

Notice of Entry of Order.

So we should underline the word of thanks :) just joking Excellent advice.

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So, checking the ROA online today, my proposed order was rejected. It didn't come back in the mail today, so I don't know why. Do I have 5 business after the hearing or just 5 days to get the proposed order signed? I'm not sure why it was rejected, I took most of the word straight from the tentative ruling, including the deadline. 

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Hey easy,

I think you said it was a tentative ruling on your behalf. If so, did you copy exactly what the ruling stated in your order?

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So, checking the ROA online today, my proposed order was rejected. It didn't come back in the mail today, so I don't know why. Do I have 5 business after the hearing or just 5 days to get the proposed order signed? I'm not sure why it was rejected, I took most of the word straight from the tentative ruling, including the deadline. 

 

 

Check the local rules.  Some Courts want you to submit a word document so they can revise it.  It may come back with instructions also.  You will just have to wait.

 

Courts do not tend to have deadlines for the submission of the order.  You should be able to resubmit.

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Yeah, I copied it word for word. I'm not sure what the deal is.

Hey easy,

I think you said it was a tentative ruling on your behalf. If so, did you copy exactly what the ruling stated in your order?

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I didn't find any specific rules about motions or proposed orders on my county website. I'll see if there's any instructions attached when in shows up.

Check the local rules.  Some Courts want you to submit a word document so they can revise it.  It may come back with instructions also.  You will just have to wait.

 

Courts do not tend to have deadlines for the submission of the order.  You should be able to resubmit.

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