calawyer

FINALLY! A great California opinion on CCP 98

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Calawyer,

 

Can this case be used now in motions, briefs, etc. If so, do you know its official name. Also, can the cases references in this case be used. Is there any way you know of to see all the documents in this case. Santa Clara does not have internet documents. Thanks Calawyer for finding this as it is fabulous news. 

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Wow, this is what defendants have been struggling with.  Finally there's progress in that point about personal service.  There have been courts that don't care if the witness was not available at the address they provided, and they admit the declaration!  I'm not sure if this case may be referred to in other lawsuits, but it sounds like a good start.

 

Well, this makes my day.  Nice change from doing cancer research.  Thanks, Calawyer!

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Calawyer,

 

Can this case be used now in motions, briefs, etc. If so, do you know its official name. Also, can the cases references in this case be used. Is there any way you know of to see all the documents in this case. Santa Clara does have internet documents. Thanks Calawyer for finding this as it is fabulous news. 

 

 

Yes, you can cite this case.  It is hot off the press today so it does not yet have an official citation.  I will post the citation when it becomes available.  This case will significantly shorten our Motions in Limne.

 

All case filings from the target case should be available.  Just search for Target or Rocha and you should be able to find it.

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And as calawyer knows....how much I'm very familiar with Tara Muren....Woohoo..

 

thanks Calawyer...this was great to read....

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Wow, That is a real eye opener. That would literally make the judgment in my case void. Hmmmm I may have to motion to vacate void judgment now. Great case Calawyer. It backs up what have been saying all along.

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Hey Calawyer you think that we should stop leaving the subpoena after the 2nd or 3rd attempt when the witness isn't avaiable???

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Enjoy:  http://www.courts.ca.gov/opinions/documents/JAD13-03.PDF

 

Big shout out for Fred Schwinn, a tireless, excellent, debt collection defense attorney.

 

This is a huge win for those fighting their cases, thanks for sharing. The alternative of a deposition testimony in CCP 98 (B) is not likely to be cost effective even if done via phone.  Consider all the scheduling that would need to take place, it could really slow a case down.

 

Will be interesting to see how they go about overcoming this case ruling.  Puts a dent in the business model.

 

Of coarse the number of people that fight is still very low unfortunatley, but the winning % should go up for those that do....

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If the JDB’s begin to get more of a black eye because of this ruling I think they will simply not fight as hard.  A defendant answers, maybe a BOP and a little discovery, and they will probably go away.  I would think it would be much too expensive for them to continually pursue a case where they know that ultimately they do not have the proper evidence to win   There is so much low hanging fruit out there for them to go after with their default judgments, it really doesn’t make sense for them to work that hard.

 

At least that’s how I hope it will turn out!

 

Almost makes me wish I had another case looming out there... I did say almost... LOL!

 

rt

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Almost makes me wish I had another case looming out there... I did say almost... LOL!

 

rt

 

 

i got some guys.... i can forward them your number...

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How would I use this in my MIL going forward...specifically as Calawyer mentioned that it would shorten the MIL.  Does anyone have a new sample MIL with this new case?

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How would I use this in my MIL going forward...specifically as Calawyer mentioned that it would shorten the MIL.  Does anyone have a new sample MIL with this new case?

 

Homelessincalifornia just posted an insert:  http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/page-7

 

 

You can have a lot of fun with that case.  I will post more later.

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You should be! Redact it!  if you could be so kind as to email me it. You know where to find me! I would love that as I have trial in a few days!

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Homeless in California,

 

 

 

Go to "More Reply Options" at the botton of the page and click it, then "upload the file" using the advanced uploader. Or on the "More Reply Options" when you reply to the post and there will be a "Attach Files" box showing up so that you could "Browse..." to where you save the files and the click on "Attach This File". 

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