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JDB is a NO Show at Pre-Trial-Update-I WIN!


dlee5853
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You should go into court and tell the judge that the Plaitniff failed to show and you request a dismissal for want of prosecution and jurisdiction.

 

If you fail to show they go into court and ask for a default, you can do the same only your default judgment is for a dismissal

 

Joyce v U.S. , 474 2D, 215, There is no discretion to ignore lack of jurisdiction.
 
Rescue Army v Municipal Court of Los Angeles, 171 P2D 8, 331 US 549, A court has no jurisdiction to determine its own jurisdiction.
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BTO429: Gunny:   That's exactly what I did! LOL  I showed up to pre-trial and they didn't. The judge asks me to the bench, I stand there before him while he is reading through the case. He says, " How many times is it now that the Plaintiff's have failed to show up to court?" I just looked at him and said "Several, your honor"

 

He started talking to the court clerk on the minutes and said let the minutes show that the defendant appears and the Plaintiff does not, dah, dah dah....I said excuse me your honor, " I move to dismiss based on the Plaintiff's failure to prosecute this case". He stopped and looked at me for a minute and finished talking to the court clerk...  Let the record show this case is dismissed. I said "Dismissed, with prejudice your honor?"  He said, "no, I can't do that, let it show dismissed without prejudice" He said if I do that they will just have this thing back in front of me. I said  "Okay, your honor. Thank you. Can I be dismissed?" He said "Yes". I started out the door and down the stairs and toward the door and the court clerk hollared at me to come back into the court, the judge wanted to say something to me. I was like....okay???    I went back into the courtroom and the clerk said, she was just about out of the building and laughed. I said "I was just trying to get out the door" I went back up in front of him and he started quoting to the clerk again. "Let the record show, dismissed with prejudice" "There you go Ms. Defendant".  I just about died. I said "Thank you, your honor!" With a big ole CHEESE grin on my face as I walked out of the courtroom for the 7th time! It was a win, and I BIG WIN for me. This thing has lasted 2.5 years, and it was over $16k. I'm sooooo happy, happy, happy!

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Gunny always goes to court with a bill and a prepared order for the judge to sign,,,,,it impresses the judge and saves hime time, and it scares the hell out of the plaintiff attorney or the prosecutor when a pro per has a bill and order prepared.

 

I would suggest that everyone learn to do the same. I always start off with motioning for a dismissal for failure to state a cause for which relief can be granted. They hate that because they have to deviate from their plan and prove they have a legit claim. It breaks their train of thought when they have to deviate from their plan.

 

If they cannot prove they have a claim they have no standing, we know that. Why fool around with them.

 

 

\Start reading the UCC, that their main defenses, but the UCC states in 1-103 that the UCC recognizes common law, bring that to the courts attention and do not let them trap you in the UCC. Common law will prevail over the UCC.

 

In a common law system, the judge’s task is to “discover” the law, meaning that he develops rules from certain principles and precedents, extrapolating the factual circumstances of a given case into broader notions of sound public policy, you help him discover the law by presenting common law doctrines and case precedence. He who shows more likely then not will prevail.

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Yep.....

 

And bill of costs

 

Judgment having been entered against (Plaintiff) on ____ day of _______, 20____, in and for in the case of(docket number) I swear under the penalties of perjury that I the defendant in this cause of action is entitled to the following costs, pursuant to (you state rules of trial procedure)

 

1) Filing fees...................................................$____________

2) Loss of income from work.........................$____________

3) Fuel/transportation ...................................$____________

4) Printing costs ...........................................$____________

5) Other costs................................................$____________

 

Add in any other costs that you incurred.

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And loss of work is normally not recoverable.

Now why is that? I get hit with a frivolous lawsuit and I have to spend tons of hours researching the law and missing work to attend the dang hearings and my time away from work is not recoverable. It makes no sense to me. Our system is broke!

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Now why is that? I get hit with a frivolous lawsuit and I have to spend tons of hours researching the law and missing work to attend the dang hearings and my time away from work is not recoverable. It makes no sense to me. Our system is broke!

 

Unfortunately that is the way it works. In TN a law was finally passed this year the allowed the winning party to recover cost. Of course the intent of the law was not for people like us as much as it was for the other side. The problem here is that cost are only recoverable if you actually get a judgement. So if a JDB "attorney" takes up a year of your time and then dismisses you can't recover your cost. This is the way it normally happens here, so the new law is useless. I hope the laws in OK are better!

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