Trial Day - how do I add to my existing thread title?

[chicamarie]

So, I am sitting in the law library as per my attorney's request. He said that he felt like having his client at his trial with PRA was detrimental, ultimately.

For those who don't know, it's me v JDB, my attorney hopped in after I beat the MSJ a few weeks ago.

They have been going at it since 9 am. They took a lunch break and I got the lowdown so far - the judge is inclined to let in all the business records on the testimony of the LIVE Citibank witness. There is even the issue of the Citibank affidavit authenticating the "account information" and statements, and then the Citibank witness then authenticates the affidavit (not hers) as a business record. WTF?

The issue of a contract hasn't even come up yet, as they declined to produce anything, no terms and agreement, nothing off the Internet even, nothing. So, they went back at it about half an hour ago. I should have brought food.

Good thing I stayed though, as the judge criticized both sides for not having enough case law (no one takes these guys to court in Oregon . . .). We spent the lunch break trying to tear down their "affidavit as business record" stance. We found at least one case where we could attack the timeline. If they're calling it a business record and it is supposed to authenticate the bill of sale, 6 months after the sale, then that's not really "at or near the time of the event" I would think.

Ugh.

[RyanEX]

Since 9am? That's gotta be tough. Hang in there, pulling for ya.

[BV80]

@chicamarie

 

Good thing I stayed though, as the judge criticized both sides for not having enough case law (no one takes these guys to court in Oregon . . .). We spent the lunch break trying to tear down their "affidavit as business record" stance. We found at least one case where we could attack the timeline. If they're calling it a business record and it is supposed to authenticate the bill of sale, 6 months after the sale, then that's not really "at or near the time of the event" I would think.

 

 

What's the case you found?

[chicamarie]

ALLAN v. OCEANSIDE LUMBER COMPANY

Where an injury report about the plaintiff was not admitted under the hearsay rule because it was generated 6 months after the incident.

http://scholar.google.com/scholar_case?case=14248947290834948431&q=Allan+v+Oceanside+lumber&hl=en&as_sdt=4,38

And the trial is still going - it's 4:40 here. Oh my god. What's happening in there ???

[BV80]

@chicamarie

 

If you're trying to attack the affidavit, that case doesn't really help.  It was about an injury report that wasn't prepared at the time of the injury. 

 

An affidavit to authenticate business records does not have to be prepared at the same time as when the business records were created.  The affidavit only has to show that the business records were created at the time of any transactions.  In the case of a bill of sale, that would mean thatt the bill of sale was made at the time of the event (sale).

 

Still going on?   Are you sure they're not watching a replay of the Super Bowl?

[chicamarie]

To address that affidavit question - the judge was basically saying at that point that the affidavit was a business record of the OC since my lawyer was trying to object to the affidavit and its authentication of all of the OC business records. So the judge just basically said that the OC witness could lump it in with the records SHE was authenticating, and could authenticate the information within that affidavit.

That said, we lost after a six hour trial. I'll post the details on my other thread.

[BV80]

@chicamarie

 

Bless your heart.  I'm so sorry.

[Anon Amos]

I'm very sorry to hear that Chicamarie, you and your lawyer definitely fought hard.

[Savoir]

Wow ........ a 6 hour trial?  ......... what a heartbreaker.

[chicamarie]

Here is my other thread:

 

http://www.creditinfocenter.com/community/topic/320535-sued-by-unifund-and-daniel-gordon-pc/page-8

[browniebrownie141]

Just a quick question--JDB is Portfolio Recovery Associates, and they brought in a witness from OC-Citibank to the trial ? Or was someone (a employee of PRA) to authenicate the evidence(s) ?? 

[chicamarie]

JDB is Unifund - they brought in a witness from Citibank.

[Savoir]

JDB is Unifund - they brought in a witness from Citibank.

 

Wow, that's a rare occurrence ............. must have been a pretty hefty collection effort.

How was the witness's credentials authenticated?

[chicamarie]

It was just south of 12000.  With the interest they were asking for it would have pushed it up past 16 and change.  Nothing like some of the bigger numbers I've seen on here, but I know it was one of the better ones for them to hang onto.

 

I'm not sure about the last question, but I know she had a 3:00 flight to catch (?!).  My lawyer has dealt with OC witnesses before, so I'm confident he knew what to look for - I hope!