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There may be something on the Court's website.  The whole court reporter thing is a mess right now.  They used to be in every courtroom all the time transcribing everything that happened in court.  If you wanted a copy, you asked for it.  If you didn't, it would be there anyway for a period of time.

 

Court funding made many courts ditch having a reporter present at all times.  But the rules are different in every court.  I think you can always bring your own court reporter but you should check to make sure.

 

Yeah the website is where I got their contact info. I think this court always has reporters and the name will be on the docket or something. 

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Yeah the website is where I got their contact info. I think this court always has reporters and the name will be on the docket or something. 

If so, that's great for you.  My reading of my court's rules was that they suspended use of court reporters for civil trials in 2012 (which really makes you wonder where all of those filing fees are going).  In my case, it got too expensive and time got too short to look for an outside reporter to step in.  Luckily, in the end I didn't need one.  I'm sure some judges love the idea of not having a record of how they run their courts.

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If so, that's great for you.  My reading of my court's rules was that they suspended use of court reporters for civil trials in 2012 (which really makes you wonder where all of those filing fees are going).  In my case, it got too expensive and time got too short to look for an outside reporter to step in.  Luckily, in the end I didn't need one.  I'm sure some judges love the idea of not having a record of how they run their courts.

 

I'll ask the clerk when I go in on Monday. It's been a long week and I didn't get the declaration of non-service or finish my objections/trial brief when I wanted to. I plan on overnighting them on Monday, and filing them with the court. 

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I'll ask the clerk when I go in on Monday. It's been a long week and I didn't get the declaration of non-service or finish my objections/trial brief when I wanted to. I plan on overnighting them on Monday, and filing them with the court. 

make sure you title the objections Motion in limine CCP402/Written objections to evidence. Recent events have occured where the judge does not make a formal ruling and the objections are not on the record. At trial object to the questions they ask the witness as leading if they can be answered yes or know or if the attorney is putting words in the witnesses mouth. MAKE SURE YOU REQUEST A STATEMENT OF DECISION even if plaintiff asks for one you make the request also in the beginning before questioning.

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make sure you title the objections Motion in limine CCP402/Written objections to evidence. Recent events have occured where the judge does not make a formal ruling and the objections are not on the record. At trial object to the questions they ask the witness as leading if they can be answered yes or know or if the attorney is putting words in the witnesses mouth. MAKE SURE YOU REQUEST A STATEMENT OF DECISION even if plaintiff asks for one you make the request also in the beginning before questioning.

 

So the document titled as "Defendant's objection to declaration of Maria Marin and attached exhibits" should be changed to "motion in limine ccp402/written objections to evidence," and what about the Declaration in support?

 

Also, I should request a statement of decision at the beginning of trial??

 

Thank you Seadragon.

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Whoa!  Is it with or without prejudice?  In my book it's great either way since odds are they're not coming back!!  I believe a congrats is in order!!!!   BIG Congratulations John 4600!!!

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GOOD JOB! Congrats are definitely in order. Make sure the dismissal makes it the record however. Show up to trial, unless you see that it has been dismissed on the docket.

 

Also, post in the winners thread (most of the victories don't make it there).

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Whoa!  Is it with or without prejudice?  In my book it's great either way since odds are they're not coming back!!  I believe a congrats is in order!!!!   BIG Congratulations John 4600!!!

 

Without, I think the letter worked! thank you

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GOOD JOB! Congrats are definitely in order. Make sure the dismissal makes it the record however. Show up to trial, unless you see that it has been dismissed on the docket.

 

Also, post in the winners thread (most of the victories don't make it there).

 

Thank you, this would be impossible without the help of everyone here on this forum.

 

So at this point all I have to do is show up at trial with the request. No need for the objections, or trial brief? 

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If it gets dismissed you won't need to show up at trial or have your objections and brief. Check the online docket. If it doesn't show up as dismissed before the trial date, then I would go to trial with the dismissal, the objections, and the brief.

 

You can't trust them. It is unlikely they won't dismiss, but it has happened (when the defendant doesn't show up at trial, they lose).

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I am very proud of you.  That is a great result.

 

As Anon said, check the on-line docket to make sure they filed the request for dismissal.  Then keep on checking until the clerk enters the dismissal (sometimes, they make mistakes in the dismissal and the clerk rejects it).

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CONGRATULATIONS JOHN4600 GRAT RESULTS

 

Chance: ADVANCE TO GO (COLLECT $200); or in this case, file to get your costs back and get your $225 back

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I am so happy for you!  California is looking like a great state to live in if you get sued.  I'm keeping my fingers crossed.  My court date is in February. 

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I am very proud of you.  That is a great result.

 

As Anon said, check the on-line docket to make sure they filed the request for dismissal.  Then keep on checking until the clerk enters the dismissal (sometimes, they make mistakes in the dismissal and the clerk rejects it).

yes..this actually happened to me. The plaintiff forgot a signature and the clerk rejected the dismissal and mailed it back to plaintiff. Thankfully I wasn't on a time crunch w/trial around the corner. The whole thing took about a month. But if the trial was scheduled before the "corrected" dismissal  was entered, I would've gone to court as if the dismissal hadn't even been attempted. Cause..you know...you can't trust 'em. (as Anon said)

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At this point I'm just going to trial with the brief, objection, declaration in support of objection, and dismissal letter. I'm not mailing them or filing them. I had a fee waiver so there really isn't any costs involved with this, the only cost was my time, and mental health.

Thanks for all of your help.

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H-e-h-e-h-e-y, CONGRATULATIONS!  

 

A dismissal without even sending them the brief and objections??  Awesome!!  Of course, as others have said, you should still show up at Trial if the Court's website doesn't reflect the dismissal before then.  And if it does, I'd take a screen shot and print it out just to preserve a record of it.  And by the way, there may still be costs you can recover.  Did you ever issue any subpoenas?   I submitted an MC-010 form for mine.  H&H paid them within a few weeks, no questions asked.

 

Again, big congrats and good job, man!!   :yahoo:  :clapper:

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The dismissal is filed with the court and listed on the website. I guess that's it, I'll just go to court for a quick victory dance and maybe submit the MC-010.

 

Thank you all for getting me through this. Now where's that winners page you all are talking about?

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Wait til notice of dismissal is generated before filing/serving the MC-010.

 

California Rules of Court  3.1700

You can "file and serve a Memoradum of Costs (MC-010)  within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk"

 


Fees that can be recovered are listed in CCP 1033.5.

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H&H have the tendency to dismiss close to trial date if they have been tested by procedures/notices, etc.  Hope your SOL runs out soon because the likelihood of getting sued within a year is up there.  It happened to me but with a different law firm and this time around, it didn't go as well.  XhairX

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