HomelessInCalifornia

GOING TO TRIAL IN CALIFORNIA

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And, as in uffish thought he stood,

  The Jabberwock, with eyes of flame,

Came whiffling through the tulgey wood,

  And burbled as it came!

One, two! One, two! And through and through

  The vorpal blade went snicker-snack!

He left it dead, and with its head

  He went galumphing back.

"And, has thou slain the Jabberwock?

  Come to my arms, my beamish boy!

O frabjous day! Callooh! Callay!'

  He chortled in his joy.

 

I won.

 

I have told you this already but I am VERY proud of you.  You went head to head with a lawyer that does one kind of case every day, and you beat her.  Soundly.  All that hard work has paid off!

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The form is JUD-100, should be easy to complete, it is a fillin the blank...

 

Correct.  Add the word [PROPOSED] (in brackets) before judgment.  THe Court will cross that off when it signs your form.

 

When you get a copy of the judgment, be sure to send it to the credit reporting agencies and demand that they remove the tradeline.

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Hehe.  I love you guys.  Thank you.

 

Thank you.  I'm still figuring out how to fill out the Memo of Costs.

 

This was a fee waiver case, so no filing fees.

 

This was a fee waiver, so the sheriff's department did service of process of the subpoena for me for free.

 

I appeared in pro se, so no attorney fees.

 

However, I incurred significant costs for copies, travel, deliveries, and postage.  I'm told I can claim that under "Other" but I want to get several confirmations of that before I file.  The amount must match the amount on the Judgment that I am preparing for the court to sign.

 

I totaled up the costs which includes estimation of 5 reams of copies (it was actually more as I went through a full box plus two reams of paper) and it came to $803.31.  I asked for $725.52 in my trial brief, so that I guess is what I should seek to recover. 

 

While I am thinking of it, several people seem to think I won on Dismissal ... it was even better ... I won on Judgment after Trial. 

 

I have so much to tell you all about what went down, and I think I'll dole that out in fits and spurts for a few days, as I know most of you are wanting the redacted briefs ... so that's where I will prioritize.

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Hehe.  I love you guys.  Thank you.

 

Thank you.  I'm still figuring out how to fill out the Memo of Costs.

 

This was a fee waiver case, so no filing fees.

 

This was a fee waiver, so the sheriff's department did service of process of the subpoena for me for free.

 

I appeared in pro se, so no attorney fees.

 

However, I incurred significant costs for copies, travel, deliveries, and postage.  I'm told I can claim that under "Other" but I want to get several confirmations of that before I file.  The amount must match the amount on the Judgment that I am preparing for the court to sign.

 

I totaled up the costs which includes estimation of 5 reams of copies (it was actually more as I went through a full box plus two reams of paper) and it came to $803.31.  I asked for $725.52 in my trial brief, so that I guess is what I should seek to recover. 

 

While I am thinking of it, several people seem to think I won on Dismissal ... it was even better ... I won on Judgment after Trial. 

 

I have so much to tell you all about what went down, and I think I'll dole that out in fits and spurts for a few days, as I know most of you are wanting the redacted briefs ... so that's where I will prioritize.

The statute is CCP 1033.5.  Here is your best hook for copying costs:

 

(13) Models and blowups of exhibits and photocopies of exhibits

may be allowed if they were reasonably helpful to aid the trier of

fact.

 

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The statute is CCP 1033.5.  Here is your best hook for copying costs:

 

(13) Models and blowups of exhibits and photocopies of exhibits

may be allowed if they were reasonably helpful to aid the trier of

fact.

 

Even if they were exhibits that didn't come into use?  The copy costs alone were $550.

 

What about postage and deliveries?

 

Travel expenses?

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I know what most people here are most curious about is the Motion in Limine to Preclude Admission of Declaration in Lieu of Testimony Pursuant to CCP 98.  (Note:  I wrote it as a motion to strike, but as the judge pointed out the declaration would have had to be admitted first before being struck so he precluded it from admission.)

 

Indeed, this Motion was integral to winning my case.  The Declaration and all exhibits thereto WERE precluded from admission.

 

HOWEVER, the judge did allow plaintiff to try to get evidence into admission by whatever means she wished, so she chose to put me on the stand and question me about the alleged account statements and alleged charge off statement.  After she had asked if I had ever seen them prior to trial and I told her I had not, she sat down and I rose and objected to the evidence.  I had a whole list of objections on hand and prepared on sheets for each piece of evidence.  i read off the objections.  The two objections that got the evidence finally totally made inadmissible were:  LACKS FOUNDATION and LACKS AUTHENTICATION.  (hearsay and lacks personal knowledge did not play in the judge's decision, according to the judge.)

 

At that point, the judge asked the plaintiff if she had anything further to say.  She said no.  He asked if I had anything to say.  And I said, "Your Honor, Defendant moves for Judgment in Defendant's Favor."

 

GRANTED.

 

I attach the redacted version of the key MIL and will post the declaration thereto shortly as well as trial binder supplements and the MIL 454 (on which I lost) and the trial brief.

 

I will note that the judge felt these were amongst the best briefs he has seen over his entire career of over 20 years.

 

Obviously, if these were to be used by anyone, they would have to fill in the pertinent information, check for differences from their own case, omit what does not apply, and add in the details and circumstances of their own case.

 

And then they would have to check for formatting, and finally they would have to check the Table of Contents and Table of Authorities to make sure the page number referenced all matched. 

 

 

TARGET v ROCHA ORDER.pdf

 

REDACTED DECLARATION OF DEFENDANT IN SUPPORT OF MOTION IN LIMINE TO PRECLUDE ADMISSION OF DECLARATION 053013.doc

REDACTED MOTION IN LIMINE TO PRECLUDE ADMISSION OF DECLARATION IN LIEU OF TESTIMONY.doc

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How did the Target Case work out. I think you are probably the first person to use it. Did the judge know about it and take it seriously or was it a typical fight as would happen before the Target Case to get the CCP98 declaration excluded.

The judge had NOT heard of the Target case.  HOWEVER, he is an extremely knowledgeable judge who actually reads the briefs ahead of time and who cares about the law.  He was stunned and amazed.  He said he had thought of this same objection to evidence but never seen or heard of it actually used.  And now that it has been used, he feels it to be a "Sea Change."  (In other words, things are not the way they were before in the courts.)  He felt CCP 1987(a) was key to argument as well as the ability of the Court to "punish" the witness who does not appear in response to a subpoena -- by means of holding them in contempt and issuing punishments therefrom.  An out-of-state witness simply cannot be served by substitute service, and he challenged the plaintiff to show him one piece of case law evidencing that "In care of" service upon an agency in behalf of an individual was the same as "personal service" -- meaning that it was subject to the same disciplinary measures of the court if not observed.  Apparently, certain government agents, such as the judge himself, can be served "in care of" an authorized agent, and that would constitute personal service.  But the declarant was no such government or court official.  Without reading CCP 98 as requiring personal service, it left Defendants, most especially in pro per defendants who are not officers of the court and therefore who cannot issue subpoenas on their own, in a terrible predicament where they could be denied their rights of due process and cross-examination of witnesses.  He felt that the Target case applied about 99% to my case.  Although it was from a different district, and therefore not binding upon him, he did note that such decisions bear additional weight on the decisions of courts outside that district.

 

Critical elements here are to:  1) get the judge to read and look up the case law (particularly that noted in the Target case); understand 1987(a); and further understand that a Notice of Trial is no more a means for the court to hold the witness in contempt if need be than substitute service is, and not applicable to an in pro per defendant.

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I just read the MIL you just posted that went to trial. I would agree with the judge, this one was excellent. I can tell you worked hard on the format and it shows. Well done. Your arguments flowed very well and followed the previous argument very nicely. Did you end up using the MIL for BOP to exclude other docs.  

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I just read the MIL you just posted that went to trial. I would agree with the judge, this one was excellent. I can tell you worked hard on the format and it shows. Well done. Your arguments flowed very well and followed the previous argument very nicely. Did you end up using the MIL for BOP to exclude other docs.  

I did use a 2nd MIL re CCP 454 violation, which I will redact and post.  HOWEVER, it was a losing argument.  I was denied on that 2nd MIL.  it seems logical to me that the underlying transactions constituting a credit card account total should be disclosed as in an open book account, but the court didn't buy it and that particular argument seems to be a crap shoot from what I have heard.  I think it's worth submitting just on the off chance of winning it, and as a bone that the judge can toss to the plaintiff as a consolation prize, but that particular argument either needs more substantive case law I think, or a different tack to become truly dangerous in court.

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Cheat Sheets.  These were both for study purposes for me, and in my binder at trial for reference.

 

KEY CASES CHEAT SHEET.docx

 

OBJECTION CHEAT SHEET.docx  (NOTE: Blue are objections to testimony; Red are objections to evidence; Brown are objections to both; and Purple are special)

 

COUNTER TO DORSEY CASE.docx (NOTE: This cite is likely to appear in Plaintiff's Trial Brief at trial.  It is a nonsense cite to use for the argument they present.  I don't know why they bother.  I didn't have to get as far as arguing its relevance, but if the judge has eyes and a computer, it's a one-two punch to deflate this thing.)

 

CCP 581.docx (NOTE: Keep 3 copies of this in your binder.  If Plaintiff moves to dismiss without prejudice after trial has begun, you should Object on grounds of CCP Rule 581(e) and ask to approach the bench.  Give a copy to each of plaintiff and the judge (and keep the last for yourself.) I only got clued into this a few days before trial.)

 

http://www.courts.ca.gov/cms/rules/printfriendly.cfm  (Print 3 copies of the document in this link.  It's Rule of Court 3.1332.  Keep the copies in your binder, and be ready to give one each to the judge and the plaintiff if plaintiff asks for a continuance on the day of the trial.  Continuance requires written, 24 hour notice, for good reason.  If you're ready to go, don't let them screw around to fix their case or just harass you.  Object.)

 

CHECKLIST FOR CLOSING STATEMENT.docx Keep at least one copy in your binder and at least one backup in your case.  You don't really get a chance to prepare your closing, so I made a checklist to help remind me of what the plaintiff needed to do to prove their case.  If they didn't do it, then I won, so I figured I would improvise as I went down the list.  However, in my trial, I never had the need for a closing statement.  I just went straight to the motion for judgment.

 

OKAY, I HAD A WHOLE SECTION IN MY BINDER DEVOTED TO OBJECTIONS.

 

FOR EVERY PIECE OF EVIDENCE, I HAD PREPARED LISTS OF OBJECTIONS.  I WOULD OBJECT, TURN TO THE APPROPRIATE PAGE, AND READ THE RED MATERIAL TO THE COURT.  The black material is if the judge asks for supporting authorities or you feel the need to reference an actual code.

 

REDACTED OBJECTION - TESTIMONY OF WITNESSES MAGIC WEST, CHRISTIE COSTON AND VICTORIA MASON.docx

 

I'm having troubles getting more to upload.  I will attach more in another post.

 

 

 

 

 

 

 

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Okay, I'm back today to post more objections materials and trial binder stuff.  I will also redact my trial brief and post that today or tomorrow as well.

 

I got a few questions in private, the answers to which are worth sharing, so I'm sharing them in this post:

 

I filed both my MIL's and my trial brief and all 3 declarations thereto a week (7 days) before trial.  I kind of regret that.  I would have preferred to have done it about 5 days before trial so that plaintiff did not have quite so much time to absorb it.  However, of course, I cannot afford overnight drops and wanted to be sure I was in compliance with the court.  I filed all documents with the court on the same day as well.

 

Opposition is not going to give you anything more until the day OF the trial.  I got their trial brief and a new CCP 96 response from them, 2 hours before the trial.  Bullshit eh?  They have a week to work on their arguments, and defendant gets 2 hours in a hallway with no computer and no lawyer.  I find that unconscionable.

 

But the system allows Plaintiff to do that, so you have no choice but to take it.  I am going to try to redact the trial brief which they gave to me and post it so all can see AHEAD of time what these jackals are doing, at least in my case, and in response to my trial brief.

 

There were no real surprises in the trial brief OTHER than the fact that they changed the name of the alleged Original Creditor.  I was all set to object to the admission of their trial brief as there was no Amended Complaint and the brief was about a whole new entity.  So, watch for that kind of game.  It's just another added instance to remind you:  READ EVERYTHING CAREFULLY.  Word for word.  Pick over EVERYTHING that plaintiff submits to you (including their correspondence and phone messages and any other communication).

 

Also, in their new CCP 96 response (their list of witnesses and evidence), they added in a NEW piece of evidence.  It was a piece of evidence which they HAD produced during discovery (an affidavit of sale) but which they had NOT included in their previous CCP 96 response.  I was prepared to object to the admission of this new evidence as it had not been shown prior to trial (and I had the original CCP 96 response in my case as well as ALL other papers for the case), and I was prepared to object to it on the basis of hearsay, lacks foundation, lacks authentication, and does not comply with CCP 2015.5 (which requires any affidavits and declarations to be sworn to under the laws of the state of CALIFORNIA -- not any other state.)  I had also already analyzed the document for further inconsistencies and was set to put it into flames, as I suspected that with plaintiff's ... "conduct" ... up to that point, they were likely to make exactly this unethical maneuver.

 

So, I was prepared.  Be prepared.

 

As to court reporters, i went through the exact same worry as many of you are going through or will go through.  You can do a search on google and on the court's website for the availability of court reporters and electronic recording in the department in which your case is scheduled to be heard.  In my case, no such thing was on hand.  That meant I would have to pay for one, and -- like you -- I could not afford to do that.  So, you may have to do like me and request off the start that the judge note your objections in his or her minutes in case of appeal.  (You should ask that anyway, as it lets opposition know that if they really want to duke this out, and even if they win, you're going to drag it along into appeal -- and unless they have their witness with them, they WILL with an almost virtual certainty lose that appeal on the basis of the CCP 98 violation, unless you have some major flaw in your case or argument.)

 

Be prepared with a 170.6 notice.  I will post one.  No one here told me about it, but i found about this in my research.  You have it all set to go and in your trial binder.  If the judge is slapping you around and looking like they are the plaintiff's *****, then you can announce you wish to file a 170.6 notice and motion for a new trial.  170.6 recuses the judge.  Now, that's going to piss the **** out of that judge, and your new judge isn't likely to be any too happy to get your case, so use it ONLY as a last resort.

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