Sued by Midland Funding Court date in 31 days....

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From the Superior Court of California

date 12/19 time 245PM

Event Type:   Ruling on Submitted Matter




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!!!!!!!

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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 Rules

15 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!

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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 Proceed

Moving Party:  Midland Funding LLC

Causall 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?

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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.

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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 11/04/2014

The Court takes this matter under submission as of 11/10/2014.

Minutes finalized for Court Trial (SHC) heard 11/10/2014 08:30:00 AM

Minutes 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 02/06/2015

Court'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 Prosecution
Court ordered entire action dismissed without prejudice

Minutes 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?  

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