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Target v. Rocha comes to Southern California

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A new case was published today by the Appellate Division of the Superior Court in Southern California.  It follows Target Bank v. Rocha and reverses a trial court judge who thought Target v. Rocha was wrong.

 

Here is a link:  http://www.courts.ca.gov/opinions/documents/JAD14-11.PDF

 

I will post the official citation when we get it.

 

Kudos to Ian Chowdhury, a NACA member in Southern California for doing such a good job.

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Dear Calawyer/Sir:

 

Is that considered an 2nd/ separated case law?

 

Could I also add/attach it to my "Objection(s) to Plaintiff's Declaration in Lieu of Testimony besides Target v. Rocha case law ?

 

My case is coming up in November and I am counting the days for CCP96 and get ready for a lots of paperworks....

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This case is being published which means it will be citeable. I would cite both cases as this tells the judge that if they do not want to follow Target v. Rocha, they can expect to have their decision overturned on appeal. That may be enough to make a judge who disagrees with Target v. Rocha actually follow it because they will realize it is the law of California.

 

That said, the residents of California should now be care that the banks and debt collection business does not try an end run around these decisions thought legislative means. Even good laws can be overturned.

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Will be a pleasure to site a case that actually names my plaintiff and their attorney, should the opportunity arise. 

 

Now we need the CFPB to crack down on this law suit factory like they are doing to the Hanna law firm in Atlanta.

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Yes.  It should be added to any objection to a CCP 98 declaration.  It will help in all parts of the state because yet another Appellate Division has chimed in on the issue.

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Excellent.

I particularly appreciate the snarkiness of the Judge's opinion here:

"If the legislature had intended to allow long distance service without complying with section 1987, or making a third or hybrid type of service permissible, they certainly know how to say so. "

:-)

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Since there isn't an official citation yet (unless I missed it?) what is the proper way to cite it in a trial brief/objection/etc?

I have it cited in my trial brief Table of Authorities as such:

Target National Bank v. Lucy I. Rocha,

County of Santa Clara Appellate Division case # 1-12-AP-001359

(May 16, 2013) ____ Cal. App. 4th Supp ____.

and same it the body of the brief: Target National Bank v. Lucy I. Rocha (May 16, 2013) ____ Cal. App. 4th Supp ____.

(in both, "Target National Bank v. Lucy I. Rocha" is italicized)

I'm assuming also since there isn't an official citation yet that I should attach the result itself (as linked in the OP) it to the trial brief(?)

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Target has an official cite: Target v. Rocha (2013) 216 Cal.App.4th Supp. 1.

Thanks much - just triple and quadruple checking.

I also went to the LexisNexis site and retrieved the document (printed using their format with the LexisNexis header and everything); is that document in that format acceptable for use as an attached Exhibit, or is there a more preferred format when presenting it to or at court?

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You don't need to attach Target because it has an official cite.

You should probably attach Rogers because it does not. Rodgers gets a ___ Cal. App. 4h Supp. ___ cite until it has been published.

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Present the decision. The judge has to honor the law if if the facts are the same and the higher court overturned his decision, then he must honor that for all cases.

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OK, so here's a good one...What do you do when you have the very judge who's decision was overturned?

 

Mention it the same way you would any other case. Do not let on that you know it was your judge that got overruled. If the judge says so in Court, act surprised.

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OH.. Okay, I was confused because I hadn't seen any talk about CACH v. Rodgers when searching the forum itself.

Editing my trial brief to reference this in addition to Target v. Rocha.

Thanks for putting up with my frazzled brain.

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OH.. Okay, I was confused because I hadn't seen any talk about CACH v. Rodgers when searching the forum itself.Editing my trial brief to reference this in addition to Target v. Rocha.Thanks for putting up with my frazzled brain.

 

No worries :)

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You don't need to attach Target because it has an official cite.You should probably attach Rogers because it does not. Rodgers gets a ___ Cal. App. 4h Supp. ___ cite until it has been published.

Because the CACH v. Rodgers case was June 10, 2013, is this how it gets cited?

CACH, LLC v. Rodgers, (June 10, 2013), ____ Cal. App. 4th Supp ____ (pub. Pending)

(edited to add:)

Found this https://www.courtlistener.com/calctapp/eWSZ/cach-v-rodgers/ - which lists it as CACH v. Rodgers, JAD14-11 (Cal. Ct. App. 2014) so I'm thinking it's not the 2013 date, but the August 5, 2014 date of the appeals court filing (as stated at the top of the decision "Filed 8/5/14 Certified for publication 8/26/14 (order attached)")

Also, I couldn't find the "volume" to use for this cite; is that something coded in "JAD14-11"?

(edited again, think I got it sorted out)

Best I can tell, per http://www.sdap.org/downloads/Style-Manual.pdf on page 20, it should (currently) be cited like this:

CACH, LLC v. Rodgers, (June 10, 2013), ____ Cal. App. 4th Supp ____ (pub. Pending)

And then, in my case, attached as an Exhibit to the Trial Brief.

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You don't need to attach Target because it has an official cite.You should probably attach Rogers because it does not. Rodgers gets a ___ Cal. App. 4h Supp. ___ cite until it has been published.

 

15 days before trial, I am trying to put my Objection to CCP 98 together, what are the underlined blank spaces for in referencing CACH v. Rodgers? Do I leave them blank & underlined or am I suppose to put numbers in those spaces? Thanks.

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They are blank opn purpose. THat lets the reader know that it has not yet been published in the official reports. I will post when it has a Cal app sup cite.

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