uumars Posted June 4, 2013 Report Share Posted June 4, 2013 Hey guys, I'm having my trial against cap1 today so I'm getting a little bit nervous and anxious. I would like to thank everyone that helped me get to this step, it is impossible for me without your generous helps. Well, hopefully everything goes well, wish me luck and I'll keep you guys updated!-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Update: The Plaintiff's attorney tried to settle before judge arrives, of course I said no. Yay! The Plaintiff's attorney dismissed(dismissed without prejudice) the case before the judge showed up. Many thanks to Calawyer, thank you for your guidance and patient on responding many stupid questions I had. Thanks to Sea Dragon and Anon Amos that helped with my interrogatories. I can't be thankful enough for your supports and kindness. Can I ask Plaintiff to reimburse the processing fees now? 4 Link to comment Share on other sites More sharing options...
calawyer Posted June 4, 2013 Report Share Posted June 4, 2013 I am thinking about you. Good luck!!!! 1 Link to comment Share on other sites More sharing options...
calawyer Posted June 4, 2013 Report Share Posted June 4, 2013 Hey guys, I'm having my trial against cap1 today so I'm getting a little bit nervous and anxious. I would like to thank everyone that helped me get to this step, it is impossible for me without your generous helps. Well, hopefully everything goes well, wish me luck and I'll keep you guys updated!-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Update: The Plaintiff's attorney tried to settle before judge arrives, of course I said no. Yay! The Plaintiff's attorney dismissed(dismissed without prejudice) the case before the judge showed up. Many thanks to Calawyer, thank you for your guidance and patient on responding many stupid questions I had. Thanks to Sea Dragon and Anon Amos that helped with my interrogatories. I can't be thankful enough for your supports and kindness. Can I ask Plaintiff to reimburse the processing fees now? I am so happy for you. Nice going. Can you imagine, asking the other party to settle and then, when they say NO, dismissing the case? Unreal. You are entitled to your costs. That may just be the several hundred dollars that you paid to answer the complaint. But it is sure better than a judgment in plaintiff's favor. Here is the form: http://www.courts.ca.gov/documents/mc010.pdf Congrats. I am very proud of you. Congrats. 1 Link to comment Share on other sites More sharing options...
BV80 Posted June 4, 2013 Report Share Posted June 4, 2013 Congratulations! ♫ Another one bites the dust! ♫ Link to comment Share on other sites More sharing options...
Huey Pilot Posted June 4, 2013 Report Share Posted June 4, 2013 Sooooooooooooh Nice to hear this. Great job well done, HP Link to comment Share on other sites More sharing options...
Spikey Posted June 4, 2013 Report Share Posted June 4, 2013 Always happy to see another winner. Nice work! Link to comment Share on other sites More sharing options...
LR_Knight Posted June 4, 2013 Report Share Posted June 4, 2013 Congrats on the win! Link to comment Share on other sites More sharing options...
admin Posted June 4, 2013 Report Share Posted June 4, 2013 Congrats! Link to comment Share on other sites More sharing options...
Bob Fletcher Posted June 4, 2013 Report Share Posted June 4, 2013 Congrats! Link to comment Share on other sites More sharing options...
Anon Amos Posted June 5, 2013 Report Share Posted June 5, 2013 Congratulations!! You did a great job, and against an OC. Link to comment Share on other sites More sharing options...
Seadragon Posted June 5, 2013 Report Share Posted June 5, 2013 Most Excellent! Link to comment Share on other sites More sharing options...
shellieh98 Posted June 5, 2013 Report Share Posted June 5, 2013 YAY, Congrats! Link to comment Share on other sites More sharing options...
HotWheels96 Posted June 5, 2013 Report Share Posted June 5, 2013 I'm pleased to hear of another win against this company! I knew you could do it.Congrats!! Link to comment Share on other sites More sharing options...
Flyerfan Posted June 5, 2013 Report Share Posted June 5, 2013 Great job! Link to comment Share on other sites More sharing options...
peanutrs Posted June 5, 2013 Report Share Posted June 5, 2013 Congrats ~!!! Link to comment Share on other sites More sharing options...
Happybluesky Posted June 5, 2013 Report Share Posted June 5, 2013 Have you considered filing a motion to dismiss with prejudice? Link to comment Share on other sites More sharing options...
Aticnib Posted June 5, 2013 Report Share Posted June 5, 2013 Wow! Congratulations. This forum is a blessing to so many people. The other day I saw a sad woman at the courthouse looking at a file. I asked her if she had been sued by a junk debt buyer. She said yes. She said that they served her at an address she hasn't lived at for five years. So she never responded and they got a judgement against her. She was trying to fight the judgement. I told her about this forum. I hope she comes here. The people here are so generous with their time. Thanks to everyone for doing what you do! 3 Link to comment Share on other sites More sharing options...
Anon Amos Posted June 7, 2013 Report Share Posted June 7, 2013 Wow! Congratulations. This forum is a blessing to so many people. The other day I saw a sad woman at the courthouse looking at a file. I asked her if she had been sued by a junk debt buyer. She said yes. She said that they served her at an address she hasn't lived at for five years. So she never responded and they got a judgement against her. She was trying to fight the judgement. I told her about this forum. I hope she comes here. The people here are so generous with their time. Thanks to everyone for doing what you do!Nice Link to comment Share on other sites More sharing options...
Flyerfan Posted June 7, 2013 Report Share Posted June 7, 2013 Have you considered filing a motion to dismiss with prejudice? The plaintiff is entitled to dismiss without prejudice anytime before the trial. Nothing the OP can do, really. The bright side is that the SOL continued to run as if this never happened. 1 Link to comment Share on other sites More sharing options...
ArtVandelay Posted June 8, 2013 Report Share Posted June 8, 2013 Congratulations! Link to comment Share on other sites More sharing options...
TomnTex Posted June 8, 2013 Report Share Posted June 8, 2013 The plaintiff is entitled to dismiss without prejudice anytime before the trial. Nothing the OP can do, really. The bright side is that the SOL continued to run as if this never happened. If i'm not mistaken, if you file a counter claim if you have one before they dismiss, then they cannot dismiss. That or something else that I had heard about but am missing here...oh well. 1 Link to comment Share on other sites More sharing options...
Flyerfan Posted June 10, 2013 Report Share Posted June 10, 2013 I think they can still dismiss anytime they want, but your counterclaim would still be viable. Most times they will offer a stipulated dismissal that you drop the counterclaim. Those stipulated dismissals often come with prejudice, though. Link to comment Share on other sites More sharing options...
Spikey Posted June 10, 2013 Report Share Posted June 10, 2013 I think they can still dismiss anytime they want, but your counterclaim would still be viable. Most times they will offer a stipulated dismissal that you drop the counterclaim. Those stipulated dismissals often come with prejudice, though.Depends on that state's rules, in Illinois if the defendant has a motion filed prior to a voluntary dismissal, the judge may rule on the defendants motion first. I wouldn't doubt the other states have a similar rule. Link to comment Share on other sites More sharing options...
Anon Amos Posted June 10, 2013 Report Share Posted June 10, 2013 Depends on that state's rules, in Illinois if the defendant has a motion filed prior to a voluntary dismissal, the judge may rule on the defendants motion first. I wouldn't doubt the other states have a similar rule.My court has a local rule where a cross complaint does not allow the plaintiff to dismiss. I think they do that because people will be less likely to file a cross complaint against the bottom feeder. It is a bad strategy not to file a cross complaint because it may complicate a dismissal. When you have a cross complaint (even if you can't prove it) you gain leverage. You can then shoot for a stipulation where both parties will dismiss their suits. Link to comment Share on other sites More sharing options...
Flyerfan Posted June 10, 2013 Report Share Posted June 10, 2013 Depends on that state's rules, in Illinois if the defendant has a motion filed prior to a voluntary dismissal, the judge may rule on the defendants motion first. I wouldn't doubt the other states have a similar rule. Depends on the motion. A motion to compel, for example, would be considered moot. A motion to dismiss or an MSJ, that is completely different and I agree. 1 Link to comment Share on other sites More sharing options...
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