crazy88

How do I answer Notice in Lieu of Subpoena to compel

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No CCP98. Yes they were within the time limit for the answers. (Too bad) and court date is approx. 7 days out. :-) I'm getting a little nervous again, I'm going to try to get time off so I can sit in on another day this week.

I don't really think it matters, given that it was such a poor response anyway.

 

Do you know what your local court's rule is on filing Trial Briefs & MILs? You should be able to find it on your court's website.

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No ccp98 means they plan on bringing them to court. But if your going to do a motion in limine I would add (I have seen this mirror in many courts, so Cali probably has something to the same effect) object to the witness if they didn't include their name, position, and what they plan on testifying about. Most rules say they have to tell you what they plan on testifying about. They might try to introduce a ccp98 affidavit at trial, and that would be a big objection on your part

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First, yes this was the court room assigned to me. I don't know if it will be the same judge.

 

Here is the info from the case that was dismissed right before court; I don't see anything that would cause them to dismissed, but I am not an attorney :-)

 

Histories (Dates listed in descending order)

08/20/2014 CAUSE CALLED AT 08:30A M, IN DEPT. SEY , HON. DANIEL

P. RAMIREZ, JUDGE PRESIDING FOR COURT TRIAL. ON

PLAINTIFF'S MOTION, COURT ORDERS CASE DISMISSED WITHOUT

PREJUDICE. -PLAINTIFF TO GIVE NOTICE.

08/20/2014 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM.

Hey Crazy,

 

Was your case dismissed w/o prejudice on this day 8/20/2014? or am I missing something. The judge just asked for Plaintiff to give notice and I think the judge meant Notice of Entry order for dismissal but you might want to check your courts in a few days. The JDB in our case didn't file one so we file one on behalf the the JDB and had the Judge sign it and we sent a stamped copy to the JDB.   HAHAHAHA!!!

 

Ok I think this was a case you sat and watched?? Yes????  I pm'd you with some info....

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So went to observe court again today, 6 court trials for collections, 1st one dismissed because Plaintiff attorney didn't show.  Three settled out of court in the hallway before trial and the other 2 were default judgements because the defendant didn't appear. The Plaintiff attorney with 2 settlements told the judge after the last settlement was called, " Whew, I actually had to work today"  it was 9:45, court had been in session for 30 min.

 

I looked at the case summaries on line before I went.  Three of them had CCP98's filed. the two were settled in the hallway and one was a failure to appear.

 

So I still haven't seen a case argued or objected to.  I still don't know what to expect.  It all seems very informal and buddy buddy between all the attorneys, clerks and judge.

 

I still have hopes of a dismissal but I don't know what to think,

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First, yes this was the court room assigned to me. I don't know if it will be the same judge.

 

Here is the info from the case that was dismissed right before court; I don't see anything that would cause them to dismissed, but I am not an attorney :-)

 

Histories (Dates listed in descending order)

08/20/2014 CAUSE CALLED AT 08:30A M, IN DEPT. SEY , HON. DANIEL

P. RAMIREZ, JUDGE PRESIDING FOR COURT TRIAL. ON

PLAINTIFF'S MOTION, COURT ORDERS CASE DISMISSED WITHOUT

PREJUDICE. -PLAINTIFF TO GIVE NOTICE.

08/20/2014 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM.

12/26/2013 NOTICE OF ENTRY OF JUDGMENT OR ORDER FILED.

11/22/2013 CAUSE CALLED AT 08:30A M, IN DEPT. SEY , HON. OLIVIA

ROSALES, JUDGE PRESIDING FOR HEARING RE: MOTION TO DEEM

MATTERS ADMITTED AND REQUEST FOR SANCTIONS; . MOTION IS

GRANTED. THE COURT DEEMS ADMITTED THE TRUTH OF FACTS

SPECIFIED IN THE REQUEST FOR ADMISSION, FURTHER, THE

COURT ORDERS DEFENDANT, TO PAY MONETARY

SANCTIONS IN THE SUM OF $120.00 TO PLAINTIFF WITHIN 60

DAYS. CLERK GIVES NOTICE.

11/22/2013 MINUTE ORDER AND CLERK'S NOTICE OF RULING MAILED TO ALL

PARTIES. CLERK'S CERTIFICATE OF SERVICE FILED.

11/22/2013 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM.

09/30/2013 NOTICE OF MOTION TO DEEM MATTERS ADMITTED AND REQUEST FOR

SANCTIONS , DECLARATION, AND POINTS AND AUTHORITIES IN

SUPPORT THEREOF FILED.

09/03/2013 MINUTE ORDER AND CLERK'S NOTICE OF RULING MAILED TO ALL

PARTIES. CLERK'S CERTIFICATE OF SERVICE FILED.

09/03/2013 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM.

08/29/2013 CAUSE CALLED AT 01:30P M, IN DEPT. SEY , HON. HOWARD

L. HALM, JUDGE PRESIDING FOR HEARING RE: MOTION TO

COMPEL DEFENDANT'S RESPONSES TO PLAINTIFF'S SPECIAL

INTERROGATORIES . MOTION IS GRANTED. DEFT.TO ANS. W/N 20

DAYS. SANCTIONS GRANTED, DEFT TO PAY $285.00 W/N 30 DAYS.

MOT FOR ORDER DEEMING ADM ADMITTED AND FOR SANCS IS OFF

CAL, NO FILING FEES PAID. TRIAL IS SET FOR 08-20-2014 AT

8:30 A.M. IN DEPARTMENT SEY.

08/29/2013 MATTER SET FOR COURT TRIAL ON 08/20/14 AT 08:30A M, IN

DEPT. SEY .

08/29/2013 ORDER RE: GRANTING PLAINTIFF'S MOTION TO COMPEL DEFENDANT

TO ANSWER SPECIAL INTERROGATORIES AND FOR SANCTIONS.

SIGNED BY HOWARD L. HALM, JUDGE AND FILED.

07/26/2013 NOTICE OF MOTION TO COMPEL DISCOVERY RESPONSES AND

REQUEST FOR SANCTIONS , DECLARATION, AND POINTS AND

AUTHORITIES IN SUPPORT THEREOF FILED.  MATTER SET FOR HEARING ON 08/29/13 AT

08:30A M, IN DEPT. SEY .

03/30/2013 * EFFECTIVE 04/29/2013

01/23/2013 ANSWER RECEIVED .

01/23/2013 GENERAL DENIAL FILED 

01/23/2013 ORDER TO SHOW CAUSE HEARING IS VACATED, RESPONSIVE

PLEADING HAVING BEEN FILED, CASE REMAINS ON CALENDAR FOR

A NON-APPEARANCE CASE MANAGEMENT REVIEW ON 06/27/13 AT

08:30A M, IN DEPT. CLK

01/11/2013 DECLARATION OF MAILING FILED.

01/11/2013 DECLARATION RE: DUE DILIGENCE FILED.

01/11/2013 PROOF OF SERVICE OF SUMMONS & COMPLAINT; OSC/CASE

MANAGEMENT REVIEW NOTICE, NOTICE OF CASE ASSIGNMENT, ADR

PACKAGE SERVED ON 01/03/13 BY SUB-SERVING TRISHA DOE

FILED. COSTS OF $62.50 .

12/24/2012 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN

COM193127007.

12/24/2012 SUMMONS ISSUED.

12/24/2012 SUMMONS FILED.

12/24/2012 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED

AND FILED BY ROBERT ARONOFF, JUDGE PRO TEMPORE TO SHOW

WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE

PROOF OF SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR

HEARING ON 06/27/13 AT 08:30A M., IN DEPT. 00N .

CERTIFICATE OF MAILING FILED.

Did you get this information from the court online when looking up the case? Is this a case summary and how it looks?

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So I went to court today. Plaintiffs attorney asked me to step out in the hallway before court started and asked me if I was open to settlement and I said no. He they asked if it was because I had an inability to pay and I said no. He then asked why and I told him I am disputing this debt and nothing had been provided to me to prove that the alleged debt was mine. He then asked if I was open for continuance and I said no. They had a year to prepare for this trial same as me. He said he had to call the Plaintiffs Attorneys and he'd see me in court.

So I went before the Judge and the attorney said that my case was different because they didn't file a CCP98 and without it there wasn't any evidence, and motioned for continuance so they had time to get the documents from the OC. I objected, and the Judge denied continuance.

The case was then dismissed without prejudice.

I was dancing in the hallway. :-)

Then I came home and find I should of objected and asked for with prejudice so they can't refile :-( What a downer.

Now I need to find out if the SOL is still in effect or did it restart when they filed the case even though it was dismissed?

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I was in LA County, Norwalk Courthouse. This time was a Judge I had not seen before, I was a little concerned about that. But it seemed this Judge reviewed the case files before court and was knowledgeable about what was going on. The case heard before me was also a court trial and was dismissed without prejudiced, the judge saw that the Witness listed in the CCP98 was not qualified and made the evidence inadmissible before the Defendant even object to anything. I am going to look up the case tomorrow after work to see what if the updated case summary show what was filed. Just because I am curious, and the defendant for that case was calm, collected, and had it all together.

Good luck with your case!!

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...The case was then dismissed without prejudice. I was dancing in the hallway. :-)Then I came home and find I should of objected and asked for with prejudice so they can't refile :-( What a downer.Now I need to find out if the SOL is still in effect or did it restart when they filed the case even though it was dismissed?

First off, congrats! Way to stick it out and come out on top!

How did you object to the continuance, did you cite CRC 3.1332? I would have loved to have seen that exchange and the look on the attorney's face when it was denied.

Don't worry about not asking for dismissal with prejudice - you very likely would not have gotten it. Per CA code, plaintiffs, at any point before the commencement of trial, have the right to dismiss without prejudice. It sounds as though your trial had not commenced, so they had the code on their side. If trial had actually commenced (opening statements), and then they asked for a dismissal, you can insist it be with prejudice -- CCP 581 (check out section e).

If this debt is now past the SOL, then it's almost as good as 'with prejudice' anyway.

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