easy619

My California Appeal (Edit: I Won!)

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The rule says it in (a)(2) They will only decide the case on the record, the opening brief and APPELLANTS oral argument.

 

I noticed that as well..doesn't strictly prohibit respondent, but it's worded friendly to me... 

 

by the way still nothing from respondent...my brief was filed near 60 days ago...looks like appellant panel will only hear my side. I'm not sure if I should opt for oral arguments or let my brief speak for itself...

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got this in the mail:

 

"ORDER RE: FAILURE TO FILE RESPONDENTS BRIEF

 

 Due to respondents failure to file its brief by the date specified in this courts notice dated ##, the court will decide the appeal on the record, the opening brief, and any oral argument by the appellant."

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Here is some good advice: go observe the appellate division proceedings. I didn't and froze on the mic. They moved me to last case to give me a chance but do go see how the rule and operate. Dress nice and who knows maybe pick up appellate counsel?

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wow that's awesome....

 

So they lost their chance to challenge anything you say, basically?  wow, very cool!

In my AZ Appeal the Plaintiff/Appellee Sallie Mae failed

both things:

1. To file their Responding Brief at all;

2. To comply with Appeal Judge Order that strictly set deadline

for such filing as December 4th. It sounds like Contempt :-).

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Gooddaymate- Contempt would be nice. But at the very least they have no counter or opposition to your argument, so you have reached a stipulation and just need the appellate justices to make it official.

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got this in the mail:

 

"ORDER RE: FAILURE TO FILE RESPONDENTS BRIEF

 

 Due to respondents failure to file its brief by the date specified in this courts notice dated ##, the court will decide the appeal on the record, the opening brief, and any oral argument by the appellant."

What could they possibly argue.

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Gooddaymate- Contempt would be nice. But at the very least they have no counter or opposition to your argument, so you have reached a stipulation and just need the appellate justices to make it official.

 

@Anon Amos,

 

I do not want to hijack this thread from its OP.

 

IMHO: It's too late for any stipulation on the final steps of appeal.

 

Stipulations are possible in the very beginning of appeal while all paperwork is still in the originating Lower Court.

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Easy is pretty cool and will tolerate our highjak, one last comment. Stipulate was the wrong word for me to use.

My point was that by not putting forth any opposition or even a brief to your argument that they agree with you and so there are no issues.

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The court does not have rule against them if they do not file because they are allowed to stand by the trial court ruling and logic. However because the did not file a brief, the court can overrule the trial court, or remand.

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Any and all califonia appeal related info is fair game here.  Also, I'm wondering if oral argument is even necessary in my appeal, seeing as the court will already have an opinion generated before oral arguments, and with no argument from plaintiff, I would probably only be re-stating what is in my brief. Opinions? Although, I suppose I could perhaps use it to hammer home how plaintiff's failure to even file a reply brief only reinforces the constant failure of plaintiff when it comes to filing timely documents / following code. something like, "either plaintiff agrees with my brief that they should have lost at trial, or plaintiff is simply continuing it's disregard for any and all requirements of winning their claim as required by california law."

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oral arguments scheduled for the end of the month. I'm leaning towards waiving, as plaintiff can't orally argue, and the appeal would be decided on my brief alone. I'm not sure what more i would argue besides what's in my brief. That and i don't really want to get all psyched out again..

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oral arguments scheduled for the end of the month. I'm leaning towards waiving, as plaintiff can't orally argue, and the appeal would be decided on my brief alone. I'm not sure what more i would argue besides what's in my brief. That and i don't really want to get all psyched out again..

 

I have very similar situation in my Arizona Appeal:

 

http://www.creditinfocenter.com/community/topic/323292-lost-sallie-mae-in-az-2014/?p=1313418

 

The Plaintiff/Appellee did not file any Responding Brief by December 4 in spite of the strict court order.

 

The appeal judge denied my original request for oral argument (probably because there is nobody to argue with).

 

The final ruling could be expected within 1-2 months from now.

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oral arguments scheduled for the end of the month. I'm leaning towards waiving, as plaintiff can't orally argue, and the appeal would be decided on my brief alone. I'm not sure what more i would argue besides what's in my brief. That and i don't really want to get all psyched out again..

I would go to court and reinforce your points and show up to argue. That reinforces the thought that the plaintiff doesn't want the court to see they are lying.

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Another reason is that by showing up you make it easy for others. Also it would be rude to invite people to a party and then not show up. Even if you have short remarks it is better than not showing up. However it is possible the court will ask you questions about your position and why they should rule your way. It is best to find out arguments that may happen if the court has ruled a different way in the past

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Another reason is that by showing up you make it easy for others. Also it would be rude to invite people to a party and then not show up. Even if you have short remarks it is better than not showing up. However it is possible the court will ask you questions about your position and why they should rule your way. It is best to find out arguments that may happen if the court has ruled a different way in the past

True. I do wonder if they would question me. As i understand, they will already have a tentative ruling at the oral arguments, and after oral arguments they will send a letter re-affirming the or changing their tentative ruling.

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the appellate division contacted me to obtain original copies of the trial exhibits. The guy i spoke to couldn't believe the pertinent info on the bill of sale was actually redacted, and that this was used at trial. Tell me about it.  I also got the chance to ask some quetions about the oral arguments. The reviewing judges will begin to review the briefs (actually just mine) and the record the week of the oral arguments. the day of the arguments, the judges will each have a tentative decision which i can view shortly before the arguments (probably only an hour or less before, so i won't really be able to adapt arguments). the judges will then hear my oral arguments, and the decision will be formalized afterwards. 

 

Despite my not wanting to speak at length in front of the judges, i think i should. I've began to come up with an outline for what i will argue.

 

First i will touch on how plaintiff's unwillingness to even file a brief in appeal simply continues a pattern of willful neglect for the requirements to prove their case, how they have botched things repeatedly all along from discovery, to my motions to compel, to the trial, their evidence, witnes, ect. And trial judge repeatedly let them slide. I will remind them of the multitude of class actions rewarded against midland, that their business model is often illegal and their court cases built on a house of cards with no real evidence. Then i'll move to the forward flow, how and why they never produced despite court order,  how their own witness said they have it. Basically i'll re-shoot all the wholes in their evidence peice by piece.  Then will come the witness qualification (or lack there of), and then the big boy, the ccp 96 failure. I'll reitterate what the requirements are, the only exceptions to them, and how plaintiff willingly failed to comply. 

 

I could use some brainstorming help on one issue though. If the judges were to ask me how the ccp 96 failure prejudiced me, what would be a solid answer?  They clearly failed to comply, but they supplemental response did contain the name of the witness, so i can't say that i couldn't research the witness or anything. i'm just worried that I won't really have anything new to offer that's not in my brief, but they could potentially ask me things that could actually damage my argument and leave me worse off then not oral arguing at all.

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I think that in argument pushing that plaintiffs are the ones misleading the court and causing the to stray outside the scope of discretion especially pretrial when you were asking for evidentiary sanctions for non compliance to the courts orders is a good argument. Maybe stating that the courts familiarity with "undefended debt collection cases" has clouded the court and the allowance of inadmissible evidence into proceedings is due to the defective nature of plaintiffs default proceedings and how maybe the court has moved away from the gatekeeper function of the court to one of rushing to clear overcrowded debt collection case dockets and valid opposition has been pushed aside to avoid the fact that the plaintiffs are incorrectly prosecuting cases which should have never been filed.

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Maybe we can observe the oral arguments and provide support? Maybe PM date and time and have group breakfast? Also it has been settled as far as ties red wins the day. I burned my fancy appellate division tie it made me lose.

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tomorrow morning is the day. they will post a tentative ruling shortly before the arguments, so i'll know if i have to argue or not.  wish me luck..

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Good luck today, easy! If I can get out of the office early enough I might head up the there to sit in on the hearing.

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