easy619

My California Appeal (Edit: I Won!)

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Seeing as I was one fee waiver, there are no costs to recover, correct? 

 

Also, if anyone reading this needs help with their case or is considering appeal, don't hesitate to send me a PM. 

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Excellent and interesting reading.

 

So, Midland failed to satisfy the CACI for Account Stated claims due to insufficient evidence of any expressed or implied agreement between you and Midland. In your case, Midland actually mailed their two initial notices of purchase to someone else's address, and thereby you were not able to even implicitly acknowledge the debt.

 

And evidence code 1721 (the business records exemption to hearsay) could not correctly be applied with plaintiff's witness giving incompetent testimony:

 

 

Q: Have you ever worked for CHASE BANK NA? A: No.

 

Q: Just to be clear, you have never been the custodian of records for CHASE BANK NA? A: No.

 

Q: So you did not prepare or generate any of the records in question? A: No.

 

Q: Nor were you present when CHASE BANK prepared and generated them? A: No.

 

Interesting however that the panel did not cite CCPs 96 / 97 in their decision, given those statutes clear wording and plaintiff's obvious failure to comply. (Does there really need to be clarifying case law available to appellate panels even for statutes requiring no clarification?(!) 

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@small fry I know, i thought they might take the chance to weigh in on ccp 96/97, but that didn't factor into the decision at all. luckily the rest of plaintiff's case was flimsy at best.

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Since the decision of the Apellate Division in @easy619 case is so helpful regarding the testimony typically provided by Midland's witness, it would be great for those of us going to trial to be able to properly cite it, at this point, prior to its publication.

San Diego Law Library advises "if you cite an unpublished decision, even one that is going to be published but is, as yet, available only in a computer database such as Westlaw or Lexis or in the Daily Appellate Reports, you must attach copies of the opinion to briefs that you file with the court and serve on any other parties. California Rules of Court, Rule 8.1115."

So, it seems to already be citable, provided you include a copy of the opinion in you trial brief.

How do we cite the Court's opinion this case? And how do we obtain a copy?

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Recieved a Remittitur in the mail, the opinion has been entered as final, and judgement officially entered in the trial courts records for me. The wording of the opinion was also altered slightly i believe. 

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I scanned the final opinion, I can send to whomever needs it. Send me a PM with email and i'll send it over. I'm not going attach to this thread due to personal information. 

 

Also, If T. Brown or any of the other Midland cronies are reading this, look who came out on top after all...

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I scanned the final opinion, I can send to whomever needs it. Send me a PM with email and i'll send it over. I'm not going attach to this thread due to personal information. 

 

Also, If T. Brown or any of the other Midland cronies are reading this, look who came out on top after all...

T Brown is a complete jerk and a scumbag. thinks he can bully pro pers

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i'm not going to insult anyone, just pointing out that a shoddy case was exposed as being a shoddy case despite being able to pull one over at trial. I guess these guys have a job to do (although they could choose a more honorable one). But the smug feeling of victory they had after trial has been vanquished. It's just too bad that more people don't fight these cases, because the midland business model is deficient at best and will lose if battled with reason and law.

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REVERSE and DISMISS!!!!!@!

CONGRATULATIONS!!!  I just finished reading most of both threads.  My heart sank through my guts when I heard how the first trial went, since I'm currently preparing for mine.  In my (admittedly amateur) opinion, that judge had no business in a courtroom.  So glad justice prevailed in the end.  You fought like a lion, bro. 

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