eyoung27

Summons from Kenosian and Miele, LLP Attorneys at Law for Unifund

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@Anon Amos

 

I know the case and what was said, and our laws. Of course she would have to be at the address to be PERSONALY served. That's all they are saying. It does not mean the court has jurisdiction.

 

 

It said the only way ROCHA could compel her attendance, it did not say the court could compel her to show up.

 

 

My point was that the court did not say that she had to be a resident of CA in order to be served under CCP 98.  I only posted the court's own words.  According to the court, personal service within the state could compel the attendance of the witness.   That's what the court said.

 

I am surprised you would make such a strong argument that a court would have jurisdiction over someone from out of state, especially when you have been given the codes. Earlier you argued that they did not have to sign under perjury of California, now it's this.  I can appreciate that you are trying to learn our laws (as you said earlier), but this is more just arguing over them, and trying teach; not learn.

 

 

I never said anything about jurisdiction, nor did I assert that personal service would give the court jurisdiction.  Where is the "strong" argument?

 

In another thread, I didn't argue that they didn't have to sign under penalty of perjury of California laws.  I simply posted a CA statute.   I did not argue that your assertion about the issue was wrong.

 

I'm neither arguing nor trying to teach.  I merely posted what the court ruled and made comments based upon that ruling.

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So these are what they used as "Bill of Sale" and "Assignment" as Exhibit A of ther Dec in Lieu. Both don't seem very legit to me but, I'm having a hard time figuring out exactly what arguments to use in my MIL.

 

Have to turn in Thursday am ... Any advice is appreciated!

 

 

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So these are what they used as "Bill of Sale" and "Assignment" as Exhibit A of ther Dec in Lieu. Both don't seem very legit to me but, I'm having a hard time figuring out exactly what arguments to use in my MIL.

 

You will likely argue hearsay, and why these documents don't fit the business records exception.  Might be easier to get help if you can also post the declaration itself, or at least what it says in reference to these 2 documents.

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@eyoung27: see your post #106 in this thread.  Think about how those rules apply to these docs.  For a shortcut, take a look at a few examples to see how others have objected to similar documents; there will likely be arguments that apply to the ones in your case.

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This weekend I need to prepare all my papers for trial (which is next Thursday—yikes!). Can anyone tell me where the rules are about the "binders" and how many copies you need of everything are? I never had a pre-trial meeting or anything where the judge asked for anything.

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The binders are for you - to keep you on track and to have your arguments and the support for them readily at hand.  Everything you might need to refer to at trial, and extra copies of anything you might want to show the judge and opposing counsel.  (Doesn't have to be a binder - I prefer a redweld with manila folders - do what works for you.)

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This weekend I need to prepare all my papers for trial (which is next Thursday—yikes!). Can anyone tell me where the rules are about the "binders" and how many copies you need of everything are? I never had a pre-trial meeting or anything where the judge asked for anything.

Did you file your Trial Brief and Motion in Limine?

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Yes, filed my Trial Brief and Objection yesterday and hired a process server to serve it on the attorney the same day by 4:30 pm (that was something I had read last minute and had to adjust to quickly).

 

Interestingly enough, I did not recieve plaintiff's Trial Brief yesterday though ...

 

Now I just have to prepare for trial over the weekend. I work 40 hours a week and wont really have time to do much the few days before trial next week.

 

Any advice? :)

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Yes, filed my Trial Brief and Objection yesterday and hired a process server to serve it on the attorney the same day by 4:30 pm (that was something I had read last minute and had to adjust to quickly).

 

Interestingly enough, I did not recieve plaintiff's Trial Brief yesterday though ...

 

Now I just have to prepare for trial over the weekend. I work 40 hours a week and wont really have time to do much the few days before trial next week.

 

Any advice? :-)

Depends on your local rules - if they just needed to serve you by yesterday, then they may have only been required to place it in the mail by yesterday, so you may receive it in the next few days. Again, not knowing your rules I'm not sure if personal service was required or not.

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I had read somewhere that Trial Brief had to be served by 4:30 pm on day 5 before trial (which is why I didn't mail mine and hired a process server again). I'll have to dig around for it though to find where I had read that ...

 

 

---------------

 

Found it.

 

Rule 4.22.11
Trial Briefs and Motions in Limine
A. Unless otherwise directed by the court, all motions in limine (as authorized by law) and trial briefs must
be filed with the clerk of the trial court and faxed (in accordance with the Cal. Rules of Court, rule 2.306) or
personally served on opposing counsel no later than 4:30 p.m. five court days prior to the date set for trial.

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I had read somewhere that Trial Brief had to be served by 4:30 pm on day 5 before trial (which is why I didn't mail mine and hired a process server again). I'll have to dig around for it though to find where I had read that ...

 

 

---------------

 

Found it.

 

Rule 4.22.11

Trial Briefs and Motions in Limine

A. Unless otherwise directed by the court, all motions in limine (as authorized by law) and trial briefs must

be filed with the clerk of the trial court and faxed (in accordance with the Cal. Rules of Court, rule 2.306) or

personally served on opposing counsel no later than 4:30 p.m. five court days prior to the date set for trial.

 

You goofed on this (if this is the rule you went by) - but don't worry, you're still okay. Rule 4.22.11 is from Division IV, the Probate Court...you're in Civil Court. You're local Civil Court rule (Divsion II - Civil) was

 

Rule 2.1.18 -Motions in Limine

Motions in limine must be limited in scope in accordance with Clemens v. American Warranty Corp. (1978) 193 Cal.App.3d 444, 451; Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 670-671;  and Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, 1593-1595. Unless otherwise directed by the court, counsel must file and serve motions in limine and opposition thereto five court days and two court days respectively prior to trial call. The following motions in limine will be deemed granted at the time of the trial readiness conference if applicable:

A. Motion excluding evidence of collateral source;

B. Motion excluding evidence of or mention of insurance coverage;

C. Motion excluding experts not designated pursuant to Code of Civil Procedure section 2034.300 and

D. Motion excluding offers to settle and/or settlement discussions. Written motions should not be submitted on the above issues.

 

 

It doesn't mention personal service, so you could have had it placed in the mail yesterday and been okay. You had it personally served, so you're good anyway. I only bring this up so that you (and anyone reading this in the future) make sure to get info from the proper sections of your rules :) Btw I went thru the same court as you, sent you a PM on this.

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Thank you @ RyanEX! ... I still have a hard time finding the rules when I look them up through the court website. I appreciate the correction. Phew–At least I wasn't late! .. Although knowing this the on Wed would have saved me $55 .. oh well.  :)

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GREAT NEWS!!! Case dismissed!

I think I could have "taken it" had we gone to trial Thurs, but I'm happy to be able to go into the holiday weekend stress free.

A special thank you to @calawyer, @Seadragon, @ASTMedic, @string, and @Anon Amos who were instrumental in my building my education and confidence. I could not have done it without you!

I feel like I'm pretty well equip to handle another complaint should it come my way. ... But, I'll certainly be back if that does happen.

HAPPY 4TH EVERYONE!! :banana:

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On a side note:

 

Does anyone have any suggestions for some awesome members in Colorado? I know @shellieh98 would be a great contact. Any others? ... My good friend is in similar trouble in CO. He is dealing with OC though. :-/  I'd love to give him a couple contact names and perhaps a few good threads to read of people who have beat OCs. Suggestions greatly appreciated.

Many thanks!
 

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