HomelessInCalifornia

GOING TO TRIAL IN CALIFORNIA

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PS ... If I'm not mistaken I started out with ASTmedics trial brief and MIL and tailored it to California and Midland Funding and then Seadragon and helpme expanded it ...  Then I proofed it all and had it all set to go.  So you should not have much to change in there other than the particulars.

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Thanks, Aticnib.  If I see an Upland address I'll be sure to let you know. )

 

You may be confusing me with someone else in the forums.

 

The only address I have been provided so far is for the attorneys' offices in Woodland Hills, California. They use this same address as well for the witnesses they name in their response to RFP who they claim can testify as to "Plaintiff's business practices."

 

To date they have provided no name(s) or address(es) other than that.

 

They have named no witnesses for any other purposes (including as to who can testify as to the validity of the Original Creditor's claimed monthly statements or redacted loan schedule or charge off statement or to the copies of the card member agreement or credit card application they claim to have produced in the Response to the RFP but have not produced as yet.

 

They have named no witnesses who can testify to the Original Creditor's business practices at all.

 

They have provided no "Affidavit in Lieu of Testimony" to date either.

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Maybe I am confusing you.  I am multi-tasking at work and trying to help whoever is in Cali.

 

I don't know how they can even think they are going to go to trial when they have not even provided you with an Affidavit in Lieu!!!

 

Isn't your trial coming up???

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Homeless,

Since your trial is on 6/13 (?) Please look at your court's local rules and see if they have specifics on how and when to provide plaintiff with you MIL and trial brief. In my case, MIL/trial brief had to be personally served and I could serve it up to one day before trial. So check your court. You don't want to give them any technical issue and your stuff gets denied and thrown out.

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CCP § 98, here’s the deal.  Judging from your stated trial date, plaintiff has until the 14th of this month to serve you their CCP 98 Affidavit/Declaration in Lieu Of Testimony.  That is to say plaintiff’s CCP 98 POS must show a service date of NO LATER than 5-14-2013 or their CCP 98 will be deficient.  So having said that, I would be very surprised if they do not send you one.  If they do and they are consistent, Kayla Haag will be your huckleberry as she was mine and Aticnibs. 

 

Aticnib’s offer is a good one.  I had the Upland office served and they refused to accept service in care of which made my bogus address argument even stronger.  Yet another deficiency in plaintiff’s CCP 98.  The three legs supporting the CCP 98 have now been eliminated and as a result, it should net be allowed once you object.

 

My case was solidly over 10k and they didn’t bring her out.  

 

rt

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Oh, one more thing, if you haven't received the CCP 98 by a few days after the 14th, check the court and see if plaintiff filed it and did not send you a copy.  That's what they did to me, they never served me with a copy.

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I wonder if they read this forum????  They are so darn sneaky! @Rivertime

 

They still have not sent me notice of dismissal probably hoping I miss the deadline for requesting reimbursement of all my expenses.

 

If they know that WE know the "hag" is their gig, then they have to resort even worse tactics!!!

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It's not worth it to bring her out @Rivertime!!!

 

All this lady could do is give live testimony that is hearsay.

 

I so badly want Midland Funding and all JDB 's GIG to be UP!!!

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Yep, trial is set for 06/13/13 (3 hours after the MSC).

 

I have on my calendar that Plaintiff needs to submit CCP 98 by 05/14/13.

 

That means I should see it in my mailbox by 05/19/13.

 

My case is being heard in the Larson Justice Center in Indio, CA of the Riverside County Superior Court.

 

I have the Local Rules for the Riverside County Superior Court. The Local Rules state nothing about deadline to file MIL or Trial Brief.

 

I did find online a link for pretrial rules for the 'WESTERN REGION" of the Riverside County Superior Court. However, I do not find anything telling me what Region the Larson Justice Center is in, so I don't know if this even applies.

 

The link is:  http://www.riverside.courts.ca.gov/civil/pretrialrules.pdf

 

If this link pertains, then the MIL must be served before 10 days of trial.  I do not know if that means 15 days before trial if I serve by mail.

 

The link says that the trial brief should not be submitted before trial and should be brought to trial, but does NOT say anything about service on opposition.

 

... I have a headache :(

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Yep, trial is set for 06/13/13 (3 hours after the MSC).

 

I have on my calendar that Plaintiff needs to submit CCP 98 by 05/14/13.

 

That means I should see it in my mailbox by 05/19/13.

 

My case is being heard in the Larson Justice Center in Indio, CA of the Riverside County Superior Court.

 

I have the Local Rules for the Riverside County Superior Court. The Local Rules state nothing about deadline to file MIL or Trial Brief.

 

I did find online a link for pretrial rules for the 'WESTERN REGION" of the Riverside County Superior Court. However, I do not find anything telling me what Region the Larson Justice Center is in, so I don't know if this even applies.

 

The link is:  http://www.riverside.courts.ca.gov/civil/pretrialrules.pdf

 

If this link pertains, then the MIL must be served before 10 days of trial.  I do not know if that means 15 days before trial if I serve by mail.

 

The link says that the trial brief should not be submitted before trial and should be brought to trial, but does NOT say anything about service on opposition.

 

... I have a headache :(

Just read it. the MIL is due 10 COURT days not 10 regular days, which means when you count backwards form your trial date, you don not include weekends and holidays. So the 10th Court day is May 30th, which means it has to be in Plaintiff's hands on that day but it also states retain the Court's copy and submit it on the day of Trial. So you will on the day of trial bring the courts copy of Trial Brief and MIL and not beforehand.

 

hope this helps....you're doing fine....we're all here to help...

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Yep, trial is set for 06/13/13 (3 hours after the MSC).

 

I have on my calendar that Plaintiff needs to submit CCP 98 by 05/14/13.

 

That means I should see it in my mailbox by 05/19/13.

 

My case is being heard in the Larson Justice Center in Indio, CA of the Riverside County Superior Court.

 

I have the Local Rules for the Riverside County Superior Court. The Local Rules state nothing about deadline to file MIL or Trial Brief.

 

I did find online a link for pretrial rules for the 'WESTERN REGION" of the Riverside County Superior Court. However, I do not find anything telling me what Region the Larson Justice Center is in, so I don't know if this even applies.

 

The link is:  http://www.riverside.courts.ca.gov/civil/pretrialrules.pdf

 

If this link pertains, then the MIL must be served before 10 days of trial.  I do not know if that means 15 days before trial if I serve by mail.

 

The link says that the trial brief should not be submitted before trial and should be brought to trial, but does NOT say anything about service on opposition.

 

... I have a headache :(

 

Those rules are very similar to my court’s rules except mine said we needed to have a pre-trial conference 10 days before and exchange all the info.  It also called for the moving party (plaintiff) to schedule.  They did not so I didn’t worry about it.  The best I can determine is those rules did not apply to limited civil matters.  It was almost as though limited civil matters are just a few notches above small claims.

 

Regarding your MIL.  There are no hard clear rules on MILs.  Your best bet, and this is what I did, would be to call or visit the court and talk to your judges clerk and ask how the judge prefers to have MILs submitted.  My court wanted them by noon the day before trial.  So, I submitted my MIL at 11:30AM on Friday, my trial was on a Monday, and I faxed a copy to plaintiff at about 4:30PM Friday afternoon.  Don’t follow what I did, you need to make the decision as how to mess with plaintiff, I’m supplying this info for entertainment purposes… LOL !

 

rt

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Edit!

 

Helpme has it correct, I just read it again.  However, I believe being "served" means you, or the person whos is signing the POS, must drop it in the mail and sign and date the POS on the 30th, it does not necessarily need to be in plaintiff's hand.  Once it is mailed, it is considered served.

 

rt

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The Larson Justice Center is NOT in the Western Region of the Riverside County Superior Court, so I don't know if that link even applies.  (Complaint shows it as being in the "Desert Region.")

 

I called the Clerk's Office of the Larson Justice Center and they were less than helpful. They said they wouldn't know when deadlines are. They referred me to the same general website with the same general Local Rules info that says nothing about MIL or trial briefs.

 

The Larson Justice Center is in the Desert Region of the Riverside County Superior Court, and I can find no links providing any pretrial rules or trial rules or local rules different from the local rules for all over Riverside County Superior Court Civil Cases.

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If I understand service rules correctly, you have to add 5 more days for mail service.  So, that's means service would have to be by May 24 -- and that's if the 10 days rule even applies in the Desert Region. 

 

I cannot serve in person.  The plaintiff's office are in Woodland Hills, which is a 3 hour drive each way from here. I couldn't afford the gas.

 

Plaintiff must serve their CCP 98 by May 14 (or is it by May 9 if they serve by mail?). i won't expect that to arrive till May 19.  I haven't read yet what a MIL is or does, but I presume I will have to base it in part on the CCP 98 (if any).

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Mmmph.  After much run around, I did get a direct line to the Clerk in Dept. 1C where the case is to be heard. I had to do a general search not on the court's own website to track down a lead and then the department.

 

Deadline on Motion in Limine is at the discretion of the individual court.

 

Unfortunately, The "Commissioner" assigned to the case won't be in till May 28 and the clerk could not answer for him.  If he follows the 10 day rule imposed by the Western Region, the deadline is May 24 (to serve by mail). The clerk said go ahead with the 24th deadline.

 

As to the Trial Brief, she said to serve by 7 days before trial. That would mean trial brief is due in the court's hands by 06/07/13.  I don't know as yet how I am to accomplish that.  I guess that means I would also have to serve it on Plaintiff by 06/02/13 (if by mail).

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PS:  I'm thinking about what the paralegal told me.  Here is her quote...

 

"You won because we filed notarized Statement of Denial + Subpoena CCP 98 all in proper order.   Statement of Denial is my “Secret Weapon” which should always be filed at the very end.  Sort of like the cherry on top!  Thanks for helping me keep my winning track record."

 

So is this BS or what?

Partial BS. The subpoena did it & the sworn denial did absolutely nothing (that was not already covered by you answering the complaint).

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I may throw up.  Plaintiff doesn't even have to serve their CCP 96 Response til 06/02/13. That's the same day the judge wants me to mail the Trial Brief I think (if I have to add 5 days for mail).

 

I wouldn't even expect to see the CCP 96 response till 06/07/13.

 

***** Brain freeze.

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... The alleged Assignment and Bill of Sale is dated April 19, 2012.

... The alleged Affidavit of Sale of Individual Account is dated March 21, 2013.

... The alleged date of sale is "On or about April 16, 2012."

... The Complaint was filed on February 4, 2013 and served with the Summons on February 9, 2013.

 

if these documents weren't prepared for the purposes of litigation and not in the course of regular business, I don't know what is. Wow.

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I called the Clerk's Office of the Larson Justice Center and they were less than helpful.

 

 

See if you have a local law library, sometimes they are very helpful, some of them even have a chat area on their website.

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Mmmph.  After much run around, I did get a direct line to the Clerk in Dept. 1C where the case is to be heard. I had to do a general search not on the court's own website to track down a lead and then the department.

 

Deadline on Motion in Limine is at the discretion of the individual court.

 

Unfortunately, The "Commissioner" assigned to the case won't be in till May 28 and the clerk could not answer for him.  If he follows the 10 day rule imposed by the Western Region, the deadline is May 24 (to serve by mail). The clerk said go ahead with the 24th deadline.

 

As to the Trial Brief, she said to serve by 7 days before trial. That would mean trial brief is due in the court's hands by 06/07/13.  I don't know as yet how I am to accomplish that.  I guess that means I would also have to serve it on Plaintiff by 06/02/13 (if by mail).

 

Both of these can be served on the same day you file them.   7 days before trial is just about perfect.  They will know that you are aware of their tricks but will likely not have enough time to get the witness to come here from out of state.

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I may throw up.  Plaintiff doesn't even have to serve their CCP 96 Response til 06/02/13. That's the same day the judge wants me to mail the Trial Brief I think (if I have to add 5 days for mail).

 

I wouldn't even expect to see the CCP 96 response till 06/07/13.

 

***** Brain freeze.

 

 

No.  THey must serve a CCP 96 response 20 days after your request (plus 5 for mailing).  WHen did you serve the request?

 

Also, they must serve the CCP 98 declaration 30 days before trial.

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I could be wrong so please domeone correct if this is incorrect info, but, the extention of time is usually when responding to something and the statute that dictates the procedure will reference the time line shall adhere to CCP 1013.  So I think these MIL and brief deadlines your talking about do not require any additional time. 

 

Again, if you can get intouch with that specific judge's clerk, they will know what they want regarding MILs.

 

rt

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