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Given with my situation now, how do I exclude evidence, with some concern!

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@Calawyer:

 

Oooh, thank you so very much, I was searching the form section and already went crazy....nervious until seeing your reply. You are a life saver !!

 

Another question relating to exclude/preclude evidence(s)...

 

IF the JDB introducing new piece(s) that was not provided during Discovery-- ( say I asked but their earlier reply was something like "they don't have it as that time...bluh bluh bluh non-sense )....

 

Can the fact that they DID NOT provided during Discovery, itself can be used as a reason to preclude/exclude?

 

Thank you !

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@Calawyer:

 

Oooh, thank you so very much, I was searching the form section and already went crazy....nervious until seeing your reply. You are a life saver !!

 

Another question relating to exclude/preclude evidence(s)...

 

IF the JDB introducing new piece(s) that was not provided during Discovery-- ( say I asked but their earlier reply was something like "they don't have it as that time...bluh bluh bluh non-sense )....

 

Can the fact that they DID NOT provided during Discovery, itself can be used as a reason to preclude/exclude?

 

Thank you !

 

You can complain about it but the Judge will probably allow it anyway.

 

However, the Judge should not allow any evidence that was not included in response to a CCP 96 request.

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 @calawyer, @Anon Amons and all Gentlemen/ Ladies:

 

The clock started ticking for me, I sent out the CCP 96 along with a proof of service, certified w/ signature return request.

 

In the next 20 days + 5 (thru mailing), i assume i will be getting a CCP 98....and the preparation for war.

 

For many of you, who walked with me along, knew, I filed MSJ vs. JDB. Although the MSJ was defeated, Judge said it's only due to "trialable issues".

 

My trial brief, which is based on the platform of my former MSJ, almost done, but still waiting for their ccp98, to ensure the same stuff, or perhaps some new stuff,...will find out,...most likely, i will not post here again to waste yr time.

 

Objection to their ccp 98, yes, will be posted before i send out....

 

Now, I have 3 questions I want to re-confirm:

 

1. Statement of Non service ( subpeona)-- Sheriff dept will complete, they will have their own document, right? Because I really could not find it in forms gallery of courts.ca.gov. IF anyone knows i can prepare 1, pls pls let me know.

 

2. I will have a thing or 2 I would like to list as evidence, Calawyer suggested that I make sure it will complt ccp 2015.....Hmm...besides the declaration I will need to make and sign, do I need to get my signature notaraized?

 

This is important, as many of you, may remember: while I am being sue by JDB on HSBC account, & they provided a helf page so-called master acceptance, without account # on it.  

 

I just so happened to have ANOTHER account with HSBC, but was closed due to inactivity, no $ was owed- And I have a letter from HSBC for that.

 

I also, just above a month, sent a letter to CapitalOne in certified mail with signature , as HSBC card service was bought by them. They replied & confirm that.

 

I would like to include these letter into evidence,...it's based on the idea that: " burden of proof falls on plaintiff ; yet the benefits of doubt goes to defendant"

 

I think I have a "shot" to punch a hole on that master card accptance on the basis that they can't pinpoint that document as for the alleged account # instead of my ANOTHER account.

 

So.....I will bring in original to trial, but for the filing part-- does my declaration and copies are good enough? OR do I need to notaraize my signature for the evidence?

 

3. Anyone have the "People V. Dorsey" Appeal-result case 1974 in PDF format? would love to have this goes into my Objection totheir ccp98. just to cover my "behind"--Vs. their witness ....

 

million thanks

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1. Statement of Non service ( subpeona)-- Sheriff dept will complete, they will have their own document, right? Because I really could not find it in forms gallery of courts.ca.gov. IF anyone knows i can prepare 1, pls pls let me know.

 

They should have one.  It will be called a declaration of non service or a declaration of due diligence.  When you ask them to serve, you should explain that the witness swore he would be present but you think he/she will not.  Ask them if they have a declaration of non service.

 

2. I will have a thing or 2 I would like to list as evidence, Calawyer suggested that I make sure it will complt ccp 2015.....Hmm...besides the declaration I will need to make and sign, do I need to get my signature notaraized?

 

 

 You will just list the documents on your CCP 96 response and provide copies to the plaintiff.  You do not need a declaration.  You will be there at trial.  You will take the stand and say that this is a true copy of a letter I received from XXXX on ____date.

 

3. Anyone have the "People V. Dorsey" Appeal-result case 1974 in PDF format? would love to have this goes into my Objection totheir ccp98. just to cover my "behind"--Vs. their witness ....

 

Here is the case:  http://law.justia.com/cases/california/calapp3d/43/953.html

 

You won't use this in your objection.  Plaintiff might use the case and you need to understand why it is bad for them and better for you.  If they cite it in a trial brief or other brief, you will need to know how to respond.

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1. Statement of Non service ( subpeona)-- Sheriff dept will complete, they will have their own document, right? Because I really could not find it in forms gallery of courts.ca.gov. IF anyone knows i can prepare 1, pls pls let me know.

 

They should have one.  It will be called a declaration of non service or a declaration of due diligence.  When you ask them to serve, you should explain that the witness swore he would be present but you think he/she will not.  Ask them if they have a declaration of non service.

 

2. I will have a thing or 2 I would like to list as evidence, Calawyer suggested that I make sure it will complt ccp 2015.....Hmm...besides the declaration I will need to make and sign, do I need to get my signature notaraized?

 

 

 You will just list the documents on your CCP 96 response and provide copies to the plaintiff.  You do not need a declaration.  You will be there at trial.  You will take the stand and say that this is a true copy of a letter I received from XXXX on ____date.

 

3. Anyone have the "People V. Dorsey" Appeal-result case 1974 in PDF format? would love to have this goes into my Objection totheir ccp98. just to cover my "behind"--Vs. their witness ....

 

Here is the case:  http://law.justia.com/cases/california/calapp3d/43/953.html

 

You won't use this in your objection.  Plaintiff might use the case and you need to understand why it is bad for them and better for you.  If they cite it in a trial brief or other brief, you will need to know how to respond.

 

Thanks Calawyer:

 

that naturally bakes another 2 questions:

 

--what if, just what if,...JDB don't send me a CCP96 ? Can I simply use a pleading paper & provide my list and state JDB don't send me CCP96 ?

 

--exactly how do I respond if they use that / ie, how it is better for me? ....I'd LOVE to print it out and ready for my trial, so that I only need to READ it OUT LOUD....

 

Thx

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Thanks Calawyer:

 

that naturally bakes another 2 questions:

 

--what if, just what if,...JDB don't send me a CCP96 ? Can I simply use a pleading paper & provide my list and state JDB don't send me CCP96 ?

 

If plaintiff does not send a CCP96 demand, you are free to use any document or witness you wish to.  If you DO receive a CCP 96 demand, you are only allowed to use the documents and witness that you list in your response.

 

--exactly how do I respond if they use that / ie, how it is better for me? ....I'd LOVE to print it out and ready for my trial, so that I only need to READ it OUT LOUD....

 

 

I just wrote up something for a poster on this case in the last week or so but I can't remember who.  Help anyone? 

 

Generally, JDB's cite that case (incorrectly) for the proposition that bank records are inherently reliable and admissible.  It says no such thing.  It is actually more helpful to defendants as the court permitted the introduction of bank records which were authenticated by an officer of the bank in question who was also the bank's custodian of records.  As such, part of his duties included “keeping the open as well as the closed records of the bank.”  He testified that the records were kept by the bank in the regular course of its business.  A JDB can't say this because the records were created and kept by another company.

 

Thx

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@Anon Amos, @calawyer, & other Gentlemen Ladies,

 

Just once again, to RE-CONFIRM, just in case....if i misunderstood/

 

1. Since the deadline for JDB to send their CCP96 had past. When is the best timing for me to file my "list of evidence" with the Court & send them a copies?

Should I still opt for 5-7th days prior trial?

 

2. Does the Statement of Non-service from Sherriff, be listed on my evidence list ?OR should it be listed as Exhibit ONLY with my "Oppostions to their 98 AND MIL "? Should I write as "will be available at trial as sherriff has NOT sent me at the time of filing...?

 

3. Read from some other thread/posting: Defendant did not receive JDB's trial brief until the trial date at court, what's the deal here? Trial brief has no deadline? Or JDB 's attorney has pulled a trick on defendant(s) ?

 

Million thanks

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@Anon Amos, @calawyer, & other Gentlemen Ladies,

 

Just once again, to RE-CONFIRM, just in case....if i misunderstood/

 

1. Since the deadline for JDB to send their CCP96 had past. When is the best timing for me to file my "list of evidence" with the Court & send them a copies?

Should I still opt for 5-7th days prior trial?

 

 

*****The deadline for the ccp 96 has not passed (I believe you said it was due 10/27), it was the deadline for them to send you the ccp 98 declaration in lieu of live testimony that has passed

. They had to send a ccp 98 at least 30 days prior to trial if they plan on doing that.

You do not have a "list of evidence" to file with the court or send them. You are waiting for their list of evidence (their response to your ccp 96 request)******* 

 

 

 

2. Does the Statement of Non-service from Sherriff, be listed on my evidence list ?OR should it be listed as Exhibit ONLY with my "Oppostions to their 98 AND MIL "? Should I write as "will be available at trial as sherriff has NOT sent me at the time of filing...?

 

 

******* You won't have an evidence list, and maybe not even subpoena (if they don't send you a ccp 98 declaration). The statement of non service (called a due diligence declaration) will probably be something you bring to trial with you (because you probably won't have it in time. You would mention it in your objection to the ccp 98 and then you would bring it with you to trial. This is assuming you subpoena anyone. They are already untimely with the ccp 98 so you may not subpoena anyone. You just have to see what happens.********

 

 

3. Read from some other thread/posting: Defendant did not receive JDB's trial brief until the trial date at court, what's the deal here? Trial brief has no deadline? Or JDB 's attorney has pulled a trick on defendant(s) ?

 

 

*********They don't have to file a trial brief. Sometimes they don't. Some rules ask for the trial brief the day of trial. You need to look this up in your local rules and start getting yours ready to work on. You will be filing objections to evidence as well (as soon as you see what they give you in the response to your ccp 96 request).  You'll just have to see if they send you a ccp 98 late or not and deal with it then.******

 

 

Million thanks

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@calawyer, @Anon Amos, and all other Ladies/ Gentlemen here:

 

Today is friday October 24, 2014. A package from JDB's attorney just came in. Please see the below photos / attachment scaned images.

 

First of all, I have a few questions:

 

1. Is this the reply to my CCP 96? Or is this the CCP 98?

 

2. If it is reply to my CCP 96, does it considered as UNTIMELY? ( I sent CCP 96 on Sept 29, they received October 1st) ...20th October supoosed to be last day + 5 days mailing. Although I received today friday 24th, BUT JDB attorney signed/completed the document as October 22nd. ....Timely/ Or untimely?

 

3. As Anon Amos, told me, deadline for them to send their CCP 98 to me were 30 days prior trial, that makes it October 13th, ( + 5 days= October 17th) ...BUT I have not receieved another document(s) other than this package.

 

4. My court house is located in Los Angeles county. They provided an address in San Diego County (139 miles from court house). Can I use the same sherriff dept located in same court house to serve the subpeona?

 

5. They listed 5 people as witness, including ME. All 4 their witness are on the same San Diego address. An interesting point is, Colby Eyre, one of their witness, appeared in the MSJ, originally indictated in Virgina where JDB home office at, now in San Diego address.

 

I believe if it is reply to my CCP 96, Colby Eyre, will be the person I "subpeona".....Please...any suggestions (other witness never heard)

 

6. Please see their page two POINT-7 and my written note over it. Also, down below that paragragh....What to do about it ??

 

Image-11.jpg

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@calawyer, @Anon Amos and all others Ladies & Gentlemen:

 

Please first read posting #284--to follow,....

 

I thought I would want to subpeona Colby Eyre. But here are something what I found from internet:

 

Colby Eyre, from facebook, lives down in San Diego. https://www.facebook.com/colbyeyre?fref=browse_search, last entry was 2013.

 

Johnny B. Tabor, Mark Lozano, also lives in San Diego Greater area, according to LinkedIn.

 

Anyone who knows Myrell Johns, & Maria Marin ?? Are these 2 down in San Diego , too ?

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Also, another interesting found, from Portfolio Recovery Associates, LLC own's website:

 

http://www.pragroup.com/about/locations-us.html

 

In california, seems according to their website, they DO NOT have a location in 4330 La Jolla Village Dr., suite 310, San Diego CA 92122.

 

But 4 different locations that the westlake village location is within LA county. They rather listed a San Diego address, ....!! 

 

Anyone can jump in??

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google shows that is a PRA address. It is within 150 miles and unfortunately, San Diego sheriffs no longer serve civil subpoenas. However, have the la county sherriff serve the subpoena, the have a SD sherriff serve it. You should prepare for the witness to be there at trial. This may be a new tactic because the ccp 98 things recently.

 

However get that subpoena served to the address listed in the CCP 98 if they file one. They may not submit a declaration or may say the sent one then show up with one on the day of trial. So be wary.

 

Also make a motion to exclude evidence for failure to supply the complete accounting for bop.

 

 

redacted Motion to preclude 1.doc

redacted Argument for preclusion markrev.doc

redacted replyMotion to preclude.doc

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google shows that is a PRA address. It is within 150 miles and unfortunately, San Diego sheriffs no longer serve civil subpoenas. However, have the la county sherriff serve the subpoena, the have a SD sherriff serve it. You should prepare for the witness to be there at trial. This may be a new tactic because the ccp 98 things recently.

 

However get that subpoena served to the address listed in the CCP 98 if they file one. They may not submit a declaration or may say the sent one then show up with one on the day of trial. So be wary.

 

Also make a motion to exclude evidence for failure to supply the complete accounting for bop.

 

@Seadragon: thanks for yr reply.

 

1. Long long time ago, i did a Bill of Particular and they stone-walled me with non sense. I filed a motion to preclude the evidance but the Judge back then, turned down, I also made a small mistake by faxing the motion paper to JDB's attorney, which I should nt.

 

But the Judge said to me, there will be a time for me to do the MIL, prior trial.

 

My understanding about the CCP98, is that,...they must do so, 30 days prior trial out, + 5 days (due to mailing), = 25 days prior trial date.

 

My trial date is November 12th. Today, I still have NOT received CCP98 unless the above document is, but seems to me a REPLY to my CCP96. That's why I need to reconfirm. If I am correct, hopefully I can kick it.

 

Today before 5pm, i checked again http://www.lacourt.org/, case summary. I did not see they filed ccp98 with the court.

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Also, I googled the address, they have: listed as suite 310 !

 

-Law Office of Roger Popeney.

-Fleming PC

-Guaranty Bank

 

My guess is a law office which they pays Roger Popeney to receive subpoena ?

 

But, first thing first, the above document-- is this the REPLY of CCP 96? Or, is this CCP 98?

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Also, I googled the address, they have: listed as suite 310 !

 

-Law Office of Roger Popeney.

-Fleming PC

-Guaranty Bank

 

My guess is a law office which they pays Roger Popeney to receive subpoena ?

 

But, first thing first, the above document-- is this the REPLY of CCP 96? Or, is this CCP 98?

It is the  reply to your CCP 96. It's their witness and evidence list. They have NOT sent you the ccp 98 (according to what you posted here) so you do not subpoena anyone and the 150 mile addresses does not matter now.

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Image0001-8.jpg

That's not what it says. Read all this stuff closely. It says "as well as all amended discovery already in possession of defendant". So it's the first discovery and also what you amended.

 

Also, as far as you needing an evidence list; you do not need it. Any evidence you have is for "impeachment purposes only" and you are free to introduce it at trial. 

 

This list is telling you exactly what evidence you will need to have objections for and the witness they say they will call to lay a foundation for it.

 

Most of the evidence you should already have objections for (with the rules) in your response to their objection to your MSJ (from Dec.).

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Also, I would consider the ccp 96 response timely, and be working on the objections to the evidence, trial brief, and preparing to cross examine witnesses. You now know exactly what will be used against you and when you have trial.

 

And see post 291, I would send the letter as Calawyer suggested because they have not properly identified the witness as the code requires. You don't know which one to prepare for and should not have to speculate or research all of them.

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The last paragraph on page 2 is insulting.  If they come up with stuff at trial that you have never seen before, you have to ask the witness about it.  How did you get these documents?  [Probably answer:  I asked the OC for them}.  When did you ask?  So you could have obtained them in response to the BOP I sent a year ago, but you chose not to, correct?

 

Your honor, I object to the introduction of any of these documents for two reasons:  First, they are hearsay and this witness, who has never worked for the OC can't authenticate them.  Second, because plaintiff did not even ask for these documents in response to my BOP even after I moved to compel.

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Did you receive a CP 98 affidavit?

 

If not, you do not need to subpoena anyone.  You might, however, want to write a letter to plaintiff explaining why naming 5 possible witnesses does not comply with CCP 96.  I have posted several exemplars.

 

@calawyer, @Anon Amos and others:

 

Can you give me more detail(s) as to how they DO NOT COMPLY with CCP 96 besides the point I found ( they are 2 days late) ....

 

Can you please once again to provide the "link" of yr examples....

 

Million thanks

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Did you receive a CP 98 affidavit?

 

If not, you do not need to subpoena anyone.  You might, however, want to write a letter to plaintiff explaining why naming 5 possible witnesses does not comply with CCP 96.  I have posted several exemplars.

 

@calawyer, @Anon Amos:

 

If this is their REPLY to my CCP 96, then....NO, I have NOT received their CCP 98 Declaration in Lieu of Testimony. ( And Anon Amos points it out, deadline for ccp98 is 30 days prior trial ( + 5 mailing = 25 days) .....already passed deadline.

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