Case Management Trial Date w/ Moore Law Group

[CharlieBrown]

Hi Everyone:  I have a "Case Management" trial date next month in front of a judge set by Moore Law Group.  Does anyone know what the expectations for this trial date?  After reading one of the posting, it seems like it's more of a meet and confer infront of the judge and a trial date will be set.  Can I serve them with discovery right there?  Should I serve them with discovery?  Any comment is valuable.

[ASTMedic]

Hi Everyone:  I have a "Case Management" trial date next month in front of a judge set by Moore Law Group.  Does anyone know what the expectations for this trial date?  After reading one of the posting, it seems like it's more of a meet and confer infront of the judge and a trial date will be set.  Can I serve them with discovery right there?  Should I serve them with discovery?  Any comment is valuable.

 

I'd just serve them now

[RyanEX]

Yeah, serve 'em now.

 

My CMC was quick, easy - a check-in to see if any issues so far, set the trial date. You also might get a feel for you judge and what he feels about these types of cases. I googled mine and was able to find some good info on him (reviews of his proceedings, things he likes/dislikes, how he prefers to see the parties organize their paperwork for court). I showed up in a nice suit, with a binder organized the way he described (I didn't need any paperwork, I just wanted to show how I would be approaching things) - I'm certain I made a good impression and he even gave me some tips on how to approach my case.

[CharlieBrown]

Yeah, serve 'em now.

 

My CMC was quick, easy - a check-in to see if any issues so far, set the trial date. You also might get a feel for you judge and what he feels about these types of cases. I googled mine and was able to find some good info on him (reviews of his proceedings, things he likes/dislikes, how he prefers to see the parties organize their paperwork for court). I showed up in a nice suit, with a binder organized the way he described (I didn't need any paperwork, I just wanted to show how I would be approaching things) - I'm certain I made a good impression and he even gave me some tips on how to approach my case.

Thanks.  Good info.  I don't have much paperwork, but I'll start a binder and request discovery.  Any idea how far back I can delay this process?  Base on what I'm reading on some of the topics, seems like I need at least 2-4 months before trial to line my ducks all in a row.  I haven't even started discovery process yet.  I'm way behind base on what I'm reading.  Been googling and trying to see how this law firm in Santa Ana which is 400 miles from where I am will be handling this case.  Thank god I found this site.  It's amazing what I'm reading here.

[ASTMedic]

Thanks.  Good info.  I don't have much paperwork, but I'll start a binder and request discovery.  Any idea how far back I can delay this process?  Base on what I'm reading on some of the topics, seems like I need at least 2-4 months before trial to line my ducks all in a row.  I haven't even started discovery process yet.  I'm way behind base on what I'm reading.  Been googling and trying to see how this law firm in Santa Ana which is 400 miles from where I am will be handling this case.  Thank god I found this site.  It's amazing what I'm reading here.

 

I really don't think you are that behind. The thing that takes a while for some of us to grasp is that they MUST have a live person attest to the docs that they are going to use as "evidence". Have you seen my thread about the docs? This is the biggest thing you need to grasp since this is what their case pivots on. 99.99% of the time they don't want to spend the money to get a witness to trial and they just flat can't conform to CCP 98.

[CharlieBrown]

I really don't think you are that behind. The thing that takes a while for some of us to grasp is that they MUST have a live person attest to the docs that they are going to use as "evidence". Have you seen my thread about the docs? This is the biggest thing you need to grasp since this is what their case pivots on. 99.99% of the time they don't want to spend the money to get a witness to trial and they just flat can't conform to CCP 98.

I spoke to an attorney and he said that business rules would enable them to submit paperwork without needing to have a person testify to the docs they submit if they have an affidavit. Is this true??? I don't know enough and couldn't really tell him why he might be wrong. The attorney said I should try and settle. Ask the court for court mediation cause I will loose in trial here.

[shellieh98]

What he says is true. They will have an affidavit and if it is admitted into evidence they don't need a witness. Your job will be to learn how to keep it out of evidence. If you subpoena the affiant, and they cannot be served, then they won't be able to use the affidavit . The attorney must be in the good ole boys club because he is wrong, these cases are very winnable, but you are going to have homework.

[CharlieBrown]

What he says is true. They will have an affidavit and if it is admitted into evidence they don't need a witness. Your job will be to learn how to keep it out of evidence. If you subpoena the affiant, and they cannot be served, then they won't be able to use the affidavit . The attorney must be in the good ole boys club because he is wrong, these cases are very winnable, but you are going to have homework.

Cool. Ok. So my defense would be that I can't cross examine the person to the affidavit and attempt to subpoena that person? But that means I have to pay for expenses. I read somewhere here that a person has to be 150 miles from court house for ssubpeona purposes. Is that true?

[RyanEX]

Are you dealing with an original creditor? or did someone buy the debt?

[CharlieBrown]

Are you dealing with an original creditor? or did someone buy the debt?

I'm dealing with Moore Law Group who said that American Express is the creditor.  Original debtor is what I'm thinking.  I haven't receive discovery so I don't know for sure but the filing is American Exp vs. Me.

[Jeremy123]

Well i have faced the problem almost like this so i wanna know that how your case has been and how did you proceed this one....thanks in adwance....

[CaseDismissed]

FORGET WHAT EVERYONE IS SAYING ABOUT MOORELAW GROUP--immediately go to my posting of them and read how to beat them

http://www.creditinfocenter.com/community/topic/305834-ccp-98-violation-case-law/

.  Don't do a bunch or extra work for nothing. They do the same things EVERY case. They use a faulty CCP 98 telling you that their affiant will be available at their law offices for service.  They aren't.  They don't work there and have no affiliation there.  They are some random person your original creditor uses to sign these affidavits, so CLEARLY they do NOT reside as Moore Law group's offices as their home or office. So they are NOT available for proper service under the court rules/laws.  You send out a CCP 1987b Notice to Appear to their witness.  Send it to the Moore Law Group certified mail( it must be certified mail, so you have a signature or rejection of the letter. This is your proof that you made your attempt) --it can be  to the affiant in care of MLG or better yet directly to the affiant, because then since the affiant does NOT reside at MLG, the Notice To Appear mailing HAS to be rejected and you will say in court, the affiant was NOT available for service for a notice to appear. I therefore want the case dismissed for an improper/faulty CCP 98.  I could not serve my witness and MLG knew this was the wrong address and kept me from my legal right to request the witness to appear. I can't cross-examine a piece of paper judge!  The Judge WILL dismiss the case.

 

MLG will ask for a continuance and you say no, I want the case dismissed with prejudice, they knew this was wrong and they tried to deceive me and this court.  Motion to dismiss the case with prejudice.   They'll dismiss without prejudice and MLG won't try to refile since you are not an easy mark.  They''ll move on.  You then have to get to your 4 year SOL to never be legally responsible for paying this debt off.  DO NOT settle with them.

 

You send the CCP 1987b right at the last few days of the deadline to send anything to the affiant at Moore Law groups address.    By then they'll be scrambling, and not able to produce the witness since this is all a fake scam they run over and over in all their cases, and you ask for a dismissal based on the failure for the affiant to appear. and the faulty CVCP98, because that was not the affiant address and the affiant was not located in 150 miles from the courthouse. I have beat them twice like this.  They are LOSERS and they can be beaten.  They use the same Mode of operation EVERY time! Read my postings good luck! 

 

I have included the EXACT wording to use .  This was my case wording. You just copy and past your info in.  The smiley faces should be  the letter b in parenthesis.  Don't know why they are coming up smiley faces.  Just exchange your affiant info and your name etc. and you are ready to go.

 

Citibank (South Dakota). N.A.
Plaintiff,
vs.
(Your Name) Defendant )
)
)
) Case No.: (Your Case Number)

Notice To Citibank (South Dakota). N.A. witness Ramona Aragon, Litigation Analyst with Citicorp Credit Services, Inc. USA To Appear At Trial [Pursuant to C.C.P. Section 1987( ]


TO PLAINTIFF CITIBANK (SOUTH DAKOTA) N.A. AND TO ITS ATTORNEYS OF RECORD HEREIN: NOTICE IS HEREBY GIVEN that Citibank (South Dakota) N.A. witness, Ramona Aragon, Litigation Analyst with Citicorp Credit Services, Inc., USA, the servicing agent for Citibank (South Dakota) N.A. for delinquent credit card accounts; as per the witness’s Declaration In lieu Of Live Testimony At Trial; appear at the trial of the above-entitled matter on (Your Court Date), at (Your court time) a.m., in Department G of the above-entitled court located at (Courthouse address) (City), California, to testify as a witness in this action.

This request is made pursuant to California Code of Civil Procedure section 1987( which provides that the giving of this notice has the same effect as the service of a subpoena and, that, in the event of noncompliance with this notice, the parties shall have such rights, and the court may make such orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court.
Respectfully Submitted,
(Date Here)
_______________________


(Your Name)


Good Luck!!           

[CharlieBrown]

FORGET WHAT EVERYONE IS SAYING ABOUT MOORELAW GROUP--immediately go to my posting of them and read how to beat themhttp://www.creditinfocenter.com/community/topic/305834-ccp-98-violation-case-law/.  Don't do a bunch or extra work for nothing. They do the same things EVERY case. They use a faulty CCP 98 telling you that their affiant will be available at their law offices for service.  They aren't.  They don't work there and have no affiliation there.  They are some random person your original creditor uses to sign these affidavits, so CLEARLY they do NOT reside as Moore Law group's offices as their home or office. So they are NOT available for proper service under the court rules/laws.  You send out a CCP 1987b Notice to Appear to their witness.  Send it to the Moore Law Group certified mail( it must be certified mail, so you have a signature or rejection of the letter. This is your proof that you made your attempt) --it can be  to the affiant in care of MLG or better yet directly to the affiant, because then since the affiant does NOT reside at MLG, the Notice To Appear mailing HAS to be rejected and you will say in court, the affiant was NOT available for service for a notice to appear. I therefore want the case dismissed for an improper/faulty CCP 98.  I could not serve my witness and MLG knew this was the wrong address and kept me from my legal right to request the witness to appear. I can't cross-examine a piece of paper judge!  The Judge WILL dismiss the case. MLG will ask for a continuance and you say no, I want the case dismissed with prejudice, they knew this was wrong and they tried to deceive me and this court.  Motion to dismiss the case with prejudice.   They'll dismiss without prejudice and MLG won't try to refile since you are not an easy mark.  They''ll move on.  You then have to get to your 4 year SOL to never be legally responsible for paying this debt off.  DO NOT settle with them. You send the CCP 1987b right at the last few days of the deadline to send anything to the affiant at Moore Law groups address.    By then they'll be scrambling, and not able to produce the witness since this is all a fake scam they run over and over in all their cases, and you ask for a dismissal based on the failure for the affiant to appear. and the faulty CVCP98, because that was not the affiant address and the affiant was not located in 150 miles from the courthouse. I have beat them twice like this.  They are LOSERS and they can be beaten.  They use the same Mode of operation EVERY time! Read my postings good luck!  I have included the EXACT wording to use .  This was my case wording. You just copy and past your info in.  The smiley faces should be  the letter b in parenthesis.  Don't know why they are coming up smiley faces.  Just exchange your affiant info and your name etc. and you are ready to go. Citibank (South Dakota). N.A.Plaintiff,vs.(Your Name) Defendant )))) Case No.: (Your Case Number)Notice To Citibank (South Dakota). N.A. witness Ramona Aragon, Litigation Analyst with Citicorp Credit Services, Inc. USA To Appear At Trial [Pursuant to C.C.P. Section 1987( ]TO PLAINTIFF CITIBANK (SOUTH DAKOTA) N.A. AND TO ITS ATTORNEYS OF RECORD HEREIN: NOTICE IS HEREBY GIVEN that Citibank (South Dakota) N.A. witness, Ramona Aragon, Litigation Analyst with Citicorp Credit Services, Inc., USA, the servicing agent for Citibank (South Dakota) N.A. for delinquent credit card accounts; as per the witness’s Declaration In lieu Of Live Testimony At Trial; appear at the trial of the above-entitled matter on (Your Court Date), at (Your court time) a.m., in Department G of the above-entitled court located at (Courthouse address) (City), California, to testify as a witness in this action.This request is made pursuant to California Code of Civil Procedure section 1987( which provides that the giving of this notice has the same effect as the service of a subpoena and, that, in the event of noncompliance with this notice, the parties shall have such rights, and the court may make such orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court.Respectfully Submitted,(Date Here)_______________________(Your Name)Good Luck!!

Thank you for this!!!!!!!!!!!!!!!!!!

[theMagi In Cali]

FORGET WHAT EVERYONE IS SAYING ABOUT MOORELAW GROUP--immediately go to my posting of them and read how to beat them

http://www.creditinfocenter.com/community/topic/305834-ccp-98-violation-case-law/

.  Don't do a bunch or extra work for nothing. They do the same things EVERY case. They use a faulty CCP 98 telling you that their affiant will be available at their law offices for service.  They aren't.  They don't work there and have no affiliation there.  They are some random person your original creditor uses to sign these affidavits, so CLEARLY they do NOT reside as Moore Law group's offices as their home or office. So they are NOT available for proper service under the court rules/laws.  You send out a CCP 1987b Notice to Appear to their witness.  Send it to the Moore Law Group certified mail( it must be certified mail, so you have a signature or rejection of the letter. This is your proof that you made your attempt) --it can be  to the affiant in care of MLG or better yet directly to the affiant, because then since the affiant does NOT reside at MLG, the Notice To Appear mailing HAS to be rejected and you will say in court, the affiant was NOT available for service for a notice to appear. I therefore want the case dismissed for an improper/faulty CCP 98.  I could not serve my witness and MLG knew this was the wrong address and kept me from my legal right to request the witness to appear. I can't cross-examine a piece of paper judge!  The Judge WILL dismiss the case.

 

MLG will ask for a continuance and you say no, I want the case dismissed with prejudice, they knew this was wrong and they tried to deceive me and this court.  Motion to dismiss the case with prejudice.   They'll dismiss without prejudice and MLG won't try to refile since you are not an easy mark.  They''ll move on.  You then have to get to your 4 year SOL to never be legally responsible for paying this debt off.  DO NOT settle with them.

 

You send the CCP 1987b right at the last few days of the deadline to send anything to the affiant at Moore Law groups address.    By then they'll be scrambling, and not able to produce the witness since this is all a fake scam they run over and over in all their cases, and you ask for a dismissal based on the failure for the affiant to appear. and the faulty CVCP98, because that was not the affiant address and the affiant was not located in 150 miles from the courthouse. I have beat them twice like this.  They are LOSERS and they can be beaten.  They use the same Mode of operation EVERY time! Read my postings good luck! 

 

I have included the EXACT wording to use .  This was my case wording. You just copy and past your info in.  The smiley faces should be  the letter b in parenthesis.  Don't know why they are coming up smiley faces.  Just exchange your affiant info and your name etc. and you are ready to go.

 

Citibank (South Dakota). N.A.

Plaintiff,

vs.

(Your Name) Defendant )

)

)

) Case No.: (Your Case Number)

Notice To Citibank (South Dakota). N.A. witness Ramona Aragon, Litigation Analyst with Citicorp Credit Services, Inc. USA To Appear At Trial [Pursuant to C.C.P. Section 1987( ]

TO PLAINTIFF CITIBANK (SOUTH DAKOTA) N.A. AND TO ITS ATTORNEYS OF RECORD HEREIN: NOTICE IS HEREBY GIVEN that Citibank (South Dakota) N.A. witness, Ramona Aragon, Litigation Analyst with Citicorp Credit Services, Inc., USA, the servicing agent for Citibank (South Dakota) N.A. for delinquent credit card accounts; as per the witness’s Declaration In lieu Of Live Testimony At Trial; appear at the trial of the above-entitled matter on (Your Court Date), at (Your court time) a.m., in Department G of the above-entitled court located at (Courthouse address) (City), California, to testify as a witness in this action.

This request is made pursuant to California Code of Civil Procedure section 1987( which provides that the giving of this notice has the same effect as the service of a subpoena and, that, in the event of noncompliance with this notice, the parties shall have such rights, and the court may make such orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court.

Respectfully Submitted,

(Date Here)

_______________________

(Your Name)

Good Luck!!           

I don't mean to hijack this thread I have a thread elsewhere in "Is there a Lawyer in the House" if I should post it there I will. But my question is related to what you just said.

 Suppose for the sake of argument that I File the CCP96 and they respond with the CCP98 and then I attempt to do a subpeona with  personal service on the affiant at the address they provide (within 150 Miles). If the affiant is not there for personal service GOOD for me right? But suppose they are there who is responsible for paying for them to appear (travel costs) the plaintiff or me? 

 

Thanks.

[ASTMedic]

I spoke to an attorney and he said that business rules would enable them to submit paperwork without needing to have a person testify to the docs they submit if they have an affidavit. Is this true??? I don't know enough and couldn't really tell him why he might be wrong. The attorney said I should try and settle. Ask the court for court mediation cause I will loose in trial here.

Have you seen the post I made about understanding the docs they sent you? There is a link in my main "How to" thread. Tha might help you understand things about the witness.

[CaseDismissed]

That is to legal of a question for me and I have no idea what your situation is.  I'd ask Calawyer or someone versed in a lot of California Law about your scenario and it also depends on WHO is suing you.  Strategies are relative to your own cases specifics. 

 

My knowledge has to do specifically with Moore Law Group's mode of operation.    Mine is a technique for winning that when you are sent a declaration in lieu of testimony ( meaning they don't want their witness showing up), you make them show up with the ccp1987b and  if they don't NOTHING they wrote in their Declaration can be admissible in court--so no case, because their witness's declaration IS their case. But iIt sounds like you need to ask specifics about your case to someone who is well versed in California law.  Good Luck. 

[neikimercer1959]

Thank you for your info., I was served last month by The Moore Group and so appreciate knowing your case outcome.  It gives me hope and Congrats to you and everyone that is fortunate enough to read your information on this matter.