Qckstx

Fighting Midland Funding Suit California

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Did you send them a CCP 96 request (for a list of evidence and witnesses they plan to produce at trial)?

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I have not sent plaintiff CCP 96 request. I am reviewing the links provided. Am i supposed to serve plaintiff with MIL or file in court? 

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I have not sent plaintiff CCP 96 request. I am reviewing the links provided. Am i supposed to serve plaintiff with MIL or file in court? 

 

This would depend on your court's local rules. Some courts require MILs & Briefs to be served/filed a certain numbers of days before trial, some require they be exchanged the morning of trial. If your trial is this week, all you are probably left with is introducing them at the trial.

 

 

Note that the plaintiff's Declaration in lieu of Testimony was received via US mail about 10 days prior to trial.

This is puzzling. Decs in Lieu of Testimony, per code, need to be served on you no less than 30 days before trial. That's it. If your trial is this week, then Midland was way late in sending you this and you should object to it & get it precluded based on that....

 

...however, it's rare that a JDB makes this mistake. Are you sure your trial is this week & this is not some sort of pre-trial conference?

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Is this a trial? That is a good question. I have a letter stating "Notice of Trial/Hearing" and also states "take notice that the above-entitled cause has been set for Court Trial on 8/7/2014 in Norwalk CA. I have a proof of service from the plaintiff stating service date of July 3, 2014 . Docs arrived late July.

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Check the proof of service on the Declaration in lieu.  THe operative date is when it was served not when it was received.

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Is this a trial? That is a good question. I have a letter stating "Notice of Trial/Hearing" and also states "take notice that the above-entitled cause has been set for Court Trial on 8/7/2014 in Norwalk CA. I have a proof of service from the plaintiff stating service date of July 3, 2014 . Docs arrived late July.

Is the document from the Courts and/or have you validated this thru the Court's website that it is in fact a Trial?

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Verified as Court Trial on 8/7/2014.

 

Also, service date would then be 7/3/2014 calawyer.

 

If I understand correctly, I am to prepare an MIL objecting to the itemized Declarations in lieu Testimony and give to court clerk at trial?

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Verified as Court Trial on 8/7/2014.

 

Also, service daif that is your

 

If I understand correctly, I am to prepare an MIL objecting to the itemized Declarations in lieu Testimony and give to court clerk at trial?

Regarding MIL - if that is what your Court's rules are then yes give it to the Court clerk but make sure you make enough copies (JDB, clerk Judge and yourself)

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I am in California small claims. I guess what I'm asking, would I present a brief or MIL in response to the Declaration in lieu of Testimony? And, if not yet served or filed, can I still present at trial?

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Currently constructing brief. Contained in my Declaration in lieu of Testimony are 2 bills of sale. Midland is 2nd purchaser from A company called Calvary. Calvary bill of sale includes affidavit, Midland bill of sale does not. I've been working with HomelessinCalifornia's MIL and modifying for my case. Can I still take issue with "proof" of ownership? 

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Of coarse you can. It is going to be even harder to authenticate the records having been sold more than once. You tear down the affidavit from Calvary, and you point out there is no affidavit from midland to authenticate records from Calvert to midland.

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:nannersplit: :nannersplit: ::punk:: ::punk:: ::travolta:: ::travolta::  Wow I'm reading alot of posts today where folks are winning against JDB.  You Rock Qckstx.   I hope that JDB will realize many of us are not going to lay flat and have them roll over us.  We shall stand with our heads up and fight ::USA::

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Nice. Congratulations. There's been a lot of victories here lately, even at the appellate level. I hope all you guys and gals are posting in the victory thread as well.

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Without Prejudice.

 

Thank you everyone for your assistance!!

 

Witout prejudice is good enough! hopefully they wont come again.

 

Congrats to you!

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