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Thank You All!!---A Midland Win


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Things have gotten muddled here and I'm partly to blame. I missed that your case is in Superior Court. You are right in that the ARCP do not require the reminder to be sent.  (JCRCP does have this requirement).
So forget everything I said before now.

 

Can you post your RFAs?  Since they are deemed admitted, what they say is pretty important to knowing what to tell you to focus on in your Opposition.

 

Just a heads up in case you aren't aware, you are supposed to file a controverting statement of facts with your opposition.  An affidavit is also a good idea, so keep those things in mind as you start drafting your opposition.  You can use their MSJ and SOF as a template for how to draft them in parallel.  For each paragraph of their SOF, your controverting SOF should have a reflecting paragraph explaining what you dispute about that paragraph.

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 Northstar Capital vs. Haring  is a great case in Utah but doesn't help much since Arizona law is not the same.  However it is interesting about no written contract win.

 

Using foreign cases is more useful for states that follow the Federal Rules of Evidence as most do with minor changes.  Arizona basically follows the Federal Rule (FRE) related to the business records exemption.  So cases in other States if lack a directly on point Arizona case can be useful to cite.  One should find the highest Court case that ruled if need to use a foreign State case - like an Appeals Court.  

 

You also have to be careful about Memorandum (non-citible) case which are often from Appeals Courts. You can not cite them as precedent setting even if from AZ Court of Appeals. but can indicate "although not precedent setting....."

 
For AZ I offer the following attachments (I hope - think figured out how)

 

1) Appeal Memorandum from Justice to Superior that won reversal.  The Superior Court reversal followed my points basically summarizing my points in the Appeals Court Opinion.  The Appeal was basically a shorter summary of my motion in opposition.  Seems Justice Court judges can't be bothered with legal issues which seem to clear cut in my (our) favor on Appeal.  Note you file the appeal with the Justice Court heading but they forward to Superior Court. 

 

2) Original Justice Court Motion in Opposition to Summary Judgement - lost but basis of appeal.  Note the section about Chase's fraudulent records starting on Page 8. 

 

3) Detailed brief on the AZ 3 yr SOL issue.  This is the Memorandum of Law section of my motion to amend my answer to include the SOL as a defense which was granted - I filed a revised Answer with the SOL added. I did not include the huge amounts of exhibits in the attachments.

 

4) Chase Fraud details.  This probably is not useful other than for background since it was a case not yet litigated and not directly relevant to non-Chase cases.  However Chase dismissed the case against me.

 

Appeal Memo that Won Reversal of SJ.pdf

Opposition to SJ Memo with Chase references.pdf

SOL 3 Year Issue.pdf

Chase Fraud Details.pdf

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Thanks, Dave for all the great info. I appreciate it.  I sent off the 2nd notice letter Friday. It said in the letter they have 15 days to respond. Hope I did that right. Kinda cracks me up they are still using ARCP on al their info they send instead of the new JCRCP . I can upload the RFA's tommorrow. Have to do it at the library.

 

Should I include in my MOSJ that they filed the MSJ the day the RFA's were due?  They did send amended disclosure which I figured was their RFP of docs.

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Thanks, Dave for all the great info. I appreciate it.  I sent off the 2nd notice letter Friday. It said in the letter they have 15 days to respond. Hope I did that right. Kinda cracks me up they are still using ARCP on al their info they send instead of the new JCRCP . I can upload the RFA's tommorrow. Have to do it at the library.

 

Should I include in my MOSJ that they filed the MSJ the day the RFA's were due?  They did send amended disclosure which I figured was their RFP of docs.

@Az Piano Lady 14

As I said earlier, if this case is in Superior Court, JCRCP do not apply and you do not need to send the reminder. They are correct in their application of ARCP.

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...

You also have to be careful about Memorandum (non-citible) case which are often from Appeals Courts. You can not cite them as precedent setting even if from AZ Court of Appeals. but can indicate "although not precedent setting....."

I find that memorandum/non-citable cases are often a good source for arguments as the appeal court will usually detail the logic for their decision. When they explain their decision they will often cite case law that can provide a good source for on-point citeable case law.

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I understand that now, but was going on your urging me to get that in , in asap. Too late now, I sent it Friday giving them more time. I will post the RFA's in the morning. Got caught up making food for the NCAA finals. Thanks for the help

Sorry about that.  For whatever reason, it seemed like we were talking about the case as being in Justice Court.

 

Either way, there's a good chance they will respond to your RFA's and give you ammo to defeat them, or they won't respond and you move the court to have them admitted.  They can object to them and your motion to have them admitted, but deal with that if/when the time comes.

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Should I file a sworn denial with my MOSJ?  And does anyone have a sample of what to say in it? And does it have to be notorized?  Thanks

Here's what I used. I was supposed to include a "controverting statement of facts" and didn't do that, so be sure you do it. I don't have a sample that I can access at the moment but later this evening I will upload the one Cavalry filled. It's for the dark side, but based on it, you will be able to tell what to do with yours.

http://www.creditinfocenter.com/community/index.php?app=core&module=attach&section=attach&attach_id=1620

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I just read your ROGGS. There is a lot of potentially damming material there and you really need to have the answers to them before you can properly respond to their MSJ.

Did you file the motion for enlargement of time? If so, did you make it very clear that there were outstanding discovery requests that you needed responses to before you could properly respond to their MSJ?

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I would absolutely do the MET if I were in your shoes. If the judge isn't made aware that they have failed to respond to your discovery requests and rules on their MSJ (and he can do it at any time), you won't have grounds for appeal on the outstanding discovery issue. If you think you can get your opposition to their MSJ whipped up in the next couple days you might be ok raising the issue there, but I personally wouldn't take that chance. A MET can be put together in 15 minutes and IMO, should be enough to raise the issue on appeal.

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Okay , I'll do it . Is there a specific form??  I just have never heard of this and need a little help to figure out how to do it. I know you say 15 minutes but everything seems to take me hours.  Just finally learned how to upload stuff. ::daisy::  Also I acually think I can put together a MOSJ in a couple days, but fear now I awakened the beast with my 2nd notice, you may be right I ask for more time.

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Here's what I used. I was supposed to include a "controverting statement of facts" and didn't do that, so be sure you do it. I don't have a sample that I can access at the moment but later this evening I will upload the one Cavalry filled. It's for the dark side, but based on it, you will be able to tell what to do with yours.

http://www.creditinfocenter.com/community/index.php?app=core&module=attach&section=attach&attach_id=1620

Here is the entire objection that Cavalry filed in opposition to my MSJ.  Their Controverting Statement of Facts starts on page 14 and then their Statement of Facts starts on page 17.   It will give you an idea of how yours should look:

 

http://www.creditinfocenter.com/community/index.php?app=core&module=attach&section=attach&attach_rel_module=post&attach_id=2122

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Okay , I'll do it . Is there a specific form??  I just have never heard of this and need a little help to figure out how to do it. I know you say 15 minutes but everything seems to take me hours.  Just finally learned how to upload stuff. ::daisy:: 

Also I acually think I can put together a MOSJ in a couple days, but fear now I awakened the beast with my 2nd notice, you may be right I ask for more time.

It would look like any other motion you would file.  Give a brief opening statement with what you would like the court to do and a little background to explain what triggered your need to file the motion, then state the legal basis for your request (Rule 6(B) in this case). It shouldn't be more than one page.

 

Use the plaintiff's MSJ as a template for how to format the margins, font size, location of party info, etc on your motion.

 

 

Here is the rule you would be basing your motion on (my commentary is in red):

 

 

Rule 6(B). Enlargement

When by these rules or by a notice given thereunder or by order of court an act (the 'act' is your response to the MSJ) is required or allowed to be done at or within a specified time, the court for cause shown ('cause' would be your reason for asking for more time, i.e. they have not responded to your discovery requests) may at any time in its discretion (1) with or without motion or notice (you would be filing a motion, thus this part of the rule would apply) order the period enlarged if request therefor is made before the expiration of the period originally prescribed (this means if you have 30 days to respond to the MSJ, your MET has to be filed before the 30 days expires, but I wouldn't wait that long) or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50(B), 52(B), 59(d), (g) and (l), and 60©, except to the extent and under the conditions stated in them, unless the court finds (a) that a party entitled to notice of the entry of judgment or order did not receive such notice from the clerk or any party within 21 days of its entry, and (B) that no party would be prejudiced, in which case the court may, upon motion filed within thirty days after the expiration of the period originally prescribed or within 7 days of receipt of such notice, whichever is earlier, extend the time for taking such action for a period of 10 days from the date of entry of the order extending the time for taking such action.

 

 

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Ok , Thanks I think I understand that and the wording. I will put together something, However I still need to get my MOSJ in asap and no answer to my affadavit denial question

I did an affidavit with my Opposition.  It's not necessary, but I think it factually establishes for the record that there are issues in dispute, and a judge is not supposed to grant an MSJ if there are any issues in dispute. If he/she does, it's pretty good grounds for appeal IMO.

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The judge has 30 days to rule on the MET. Opposing can file an objection but that only works in your favor to delay the ruling on the MSJ.

You're fine. The main thing is you have it squarely on record that they filled an MSJ instead of responding to your discovery requests. If the judge grants their MSJ before you have a chance to use those requests in your opposition, I believe you will have an error reversible on appeal.

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