Az Piano Lady 14 90 Posted December 21, 2014 Report Share Posted December 21, 2014 I won yesterday. Way to go . It is so stessful waiting. Happy Holidays. Go get your costs!!!!!!!!!!!!!!!!!!!!!! 3 Quote Link to post Share on other sites
string 242 Posted December 21, 2014 Report Share Posted December 21, 2014 Congrats!! 2 Quote Link to post Share on other sites
Dotheyeverstop? 26 Posted December 21, 2014 Author Report Share Posted December 21, 2014 I won yesterday. Way to go . It is so stessful waiting. Happy Holidays. Go get your costs!!!!!!!!!!!!!!!!!!!!!!Congrats!!!! Yeah...and yes the wait sucked! And yes I'm on that MERRY CHRISTMAS 3 Quote Link to post Share on other sites
shellieh98 1,505 Posted December 21, 2014 Report Share Posted December 21, 2014 Well done, congrats! 1 Quote Link to post Share on other sites
calawyer 1,849 Posted December 21, 2014 Report Share Posted December 21, 2014 From the Superior Court of Californiadate 12/19 time 245PMEvent Type: Ruling on Submitted Matter Appearances: The Court having previously taken the Court Trial under submission, now rules as follows: Judgment for DEFENDANT Clerk to give notice. Thank you everyone who helped me with this.@Seadragon@calawyer@Anon Amos@RyanEX@string If I missed anyone I'm sorry! I am so proud of you. You stood up to a professional plaintiff represented by a lawyer . And you won. Have a great Holiday. And get your costs!!!!!!! 1 Quote Link to post Share on other sites
RyanEX 901 Posted December 21, 2014 Report Share Posted December 21, 2014 Awesome! Congrats on a hard fought victory! 1 Quote Link to post Share on other sites
Dotheyeverstop? 26 Posted December 28, 2014 Author Report Share Posted December 28, 2014 MC-010 goes to Midland and Court? This is the strangest looking form ever, now that I really look closely Quote Link to post Share on other sites
calawyer 1,849 Posted December 31, 2014 Report Share Posted December 31, 2014 Yes. File and serve the MC-10. The form is pretty straightforward. Ask if you have any questions. Quote Link to post Share on other sites
Dotheyeverstop? 26 Posted January 19, 2015 Author Report Share Posted January 19, 2015 Done. Now I guess I wait...and don't hold my breathe. 2 Quote Link to post Share on other sites
qbert 139 Posted January 30, 2015 Report Share Posted January 30, 2015 Done. Now I guess I wait...and don't hold my breathe. a little birdie here told me: Here is the applicable rule: Title Three Rules15 days after you serve the memo (+ 5 if served by mail), plaintiff has to file a motion to tax costs if it feels any are inappropriate. Plaintiff usually doesn't file a motion.After the time to file a motion to tax has passed, the clerk should "immediately" enter the cost award on the judgment. These days, with the clerks so overworked, you might have to do this for them. Then you will have a judgment in your favor awarding costs! 2 Quote Link to post Share on other sites
Dotheyeverstop? 26 Posted April 29, 2015 Author Report Share Posted April 29, 2015 So...seems like I some how missed a court date I wasn't aware existed. Today I received the following from the courts: Event Type: Court's Order to Show Cause Re: Dismissal for Failure to ProceedMoving Party: Midland Funding LLCCausall Document/Date Filed: Complaint 12/05/2013 There are no appearances by any party.The Court finds/orders:The Court orders the entire action dismissed without prejudice.Notice to be given by Judicial Assistant. Now the SOL date on this was May 2014 so it's not really a big deal, in that they couldn't sue me again anyway....but how'd I somehow go from decision for defendant to dismissed w/out prejudice? If I had been aware of the damn court date, what should I have done anyway? I didn't sue anyone I shouldn't have to proceed? Quote Link to post Share on other sites
calawyer 1,849 Posted April 29, 2015 Report Share Posted April 29, 2015 That is just odd. Like it was filed in the wrong case. Check the docket. Does it come right after the "Ruling on Submitted Matter"???? The court entered judgment in your favor. There should not be any further hearings unless plaintiff filed a motion to tax your costs. Quote Link to post Share on other sites
Anon Amos 2,248 Posted April 29, 2015 Report Share Posted April 29, 2015 Congratulations. Quote Link to post Share on other sites
Dotheyeverstop? 26 Posted May 1, 2015 Author Report Share Posted May 1, 2015 I think the courts screwed up. It sounds like they took my Objection to the Declaration as the motion for the day. When it was actually the trial date? This is what the docket says:Notice of Trial filed by Midland Funding LLC on 05/28/2014.Declaration - Other (in Lieu of Testimony Pursuant to Code of Civil Procedure 98) filed by Midland Funding LLC on 10/09/2014.Objection (to Declaration of Andy Min and all Exhibits therein) filed by Defendant on 10/23/2014. Proof of Service - MAILING (plaintiffs response to defts request for statement of witness & evidence) filed by Midland Funding LLC on 11/03/2014.Declaration - Other filed by defendant on 11/04/2014The Court takes this matter under submission as of 11/10/2014.Minutes finalized for Court Trial (SHC) heard 11/10/2014 08:30:00 AMMinutes finalized for Ruling on Submitted Matter heard 12/19/2014 02:47:00 PM Memorandum of Costs (Summary) (Costs 240.00) filed by defendanton 12/31/2014.Case reassigned from Department 43 to Department 21 effective 02/06/2015Court's Order to Show Cause Re: Dismissal for Failure to Proceed - scheduled for 04/17/2015 at 08:15:00 AM in 22B at Ventura.Case dismissed with disposition of Court dismissal- Lack of ProsecutionCourt ordered entire action dismissed without prejudiceMinutes finalized for Court's Order to Show Cause Re: Dismissal for Failure to Proceed heard 04/17/2015 08:15:00 AM.Case disposed with disposition of Court dismissal- Lack of Prosecution. So I went from a ruling in my favor to case dismissed but they could sue again if they were stupid? Quote Link to post Share on other sites
Dotheyeverstop? 26 Posted May 1, 2015 Author Report Share Posted May 1, 2015 Or maybe this is the ruling on my fees? I'm lost...but I do have the document I posted on December 20th that says ruling in favor of defendant so alls well that ends well Quote Link to post Share on other sites
calawyer 1,849 Posted May 3, 2015 Report Share Posted May 3, 2015 I think they have two different dockets mixed up. You won at trial. That should be the end of it. Quote Link to post Share on other sites
