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Need help in California ASAP regarding possible ex parte!!!!!


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Hello everybody!

We're getting down to the wire with the TD Bank (changed from Target midway through) case. Thus far, a meet and confer was sent regarding failure to respond to RFA's even after an extension was granted.

Because of the timing, and the fact that the trial is very soon, we cannot file a motion the typical way. The only option is to file an ex parte application to shorten time. This is a whole new ball game for me, and I only have two days to figure it out.

My question is, is the ex parte the way to go? Or should I forget about it and subpoena the CCP98 declarant who lives in another state and left the attorney as an "in care of" service person? The declarant is a well known robo signing defendant in the Higgins v Target case.

My concern is, once I notify them that I am going to do the ex parte app, they will dismiss the case without prejudice behind my back; where, if we go all the way to trial, I can request the dismissal be with prejudice in the event the witness doesn't appear.

I've never waffled so much before and I'm stressing out like crazy about it. Any insight will be greatly appreciated!!

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I'm not entirely certain, but I will list them here when I get home. Because of the documentation they actually sent me, I know I need to make sure the CCP98 is destroyed. The witness is none other than Adam Grim. He lists that he lives in another state, nowhere near me. I'd really like to choose the smartest one, so I hope after listing them here it will be easier to gauge success.

Thank you!

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Okay, so while looking over the RFA's, only a few of them seem like they might help. Those are essentially that I am requesting admission that they cannot

1. Prove my account was included in the partial Bill of Sale provided,

2. Provide a complete BOS (it mentions many attachments that were not included),

3. Provide a statement of account thereby introducing the "new contract" they allege,

4. Prove they mailed/I received said statement or all account statements,

5. Produce a full copy of the card agreement, etc.

Of these, the plaintiff responded, as objections, to my document request that these items "may be irrelevant".

What do you think?

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You have a better chance of getting the affidavits stricken if the affiant is not present in court, you cannot cross examine a piece of paper. Ask the court to have it deemed inadmissible as evidence because without the person who wrote it present in court there is no one to attest to its accurateness. The mere fact that the person who signed has already been found guilty of robo signing affidavits should hold some weight on your side.

 

You will have to prove what you claim by offering the cases he was involved in as evidence to the court and asking them to be entered as evidence.

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