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ccp98 violated, now the plaintiff is sending in live witness

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hello sadinca,

 

This just seems so wrong to me. But it seems they can do what they want and the Judge goes for it along with them.

I feel this Judge is going to just let them win no matter what I do.

 

Why, can they enter into evidence ccp98 and then withdraw it (because I called them on it), because now it won't fly.

Judge agreed with me on the rules of ccp98, but granted them continuance and to bring in ANY witness they want!?

The next Judge trial date is 11-14-14. The Judge also did not give me much time to do anything.

 

thanks for your input also sadinca

I respectfully disagree, the judge went out of his way to research target v. rocha, then made the point to disallow the declaration. The court also found the objection was well founded. the courts have to give continuances when warranted because the gutting of their case at trial would result in a possible motion for new trial, for a reason I am not going to discuss here, the granting of a continuance is well founded in caselaw.

 

As for the witness, If you requested all names of persons with knowledge in discovery and they didn't give that name to you you can object to the witness they do bring. They gave a good amount of time for all parties. They cannot bring any new evidence so you have to disrupt the foundation for the evidence.

 

In my opinion, the judge is impartial in this. I think you witnessed the judge also telling them that dismissal with prejudice is the only option. He could have ordered trial reset but gave a continuance instead. That means you are still in trial, because the objection was ruled on the trial cannot be reset.

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The judge should have went forward with the hearing. By not saying OBJECTION you did not "preserve the record" for appellate court, but the judge still should have went with trial, and it shouldn't have mattered in my opinion.

When you say OBJECTION a file is opened and that objection is inserted into the record (so you could appeal it later if need be) if you didn't do it, it didn't happen.

 

However, if trial commenced would you have been able to object to the evidence that was attached to the ccp 98? I would use this time against them and learn how if not.

I think the court has to liberally construe that the continuance was objected to.

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When I objected to the ccp98 due to not serviceable, she left the room , came back

and agreed with the objection and also said "this was not expected".

So thanks for explaining to me and taking the time to do so.

Your so great in my eyes, hope your day was a good one!!!!!!

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Im at work right now, I will post it tomorrow morning

 

here you go.

 

http://www.privacyrights.org/data-breach-asc?title=chase

 

search for the alleged OC creditor and if you find any security breaches you can question the witness regarding his knowledge of any security breach. after he says no and lies through his/her teeth, you can bring the fact that there has been any security breaches.

 

I do not know if this could open a can of worms, somehow.

 

anyone?

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I think that if you had showed the judge the rule about continuances of trial, he would have denied it.  The rule is very clear that any request must be made by written motion supported by a declaration showing good cause.  And "good cause" does not mean "my witness found it inconvenient to show up".  It means someone died or is in the hospital:  http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1332

 

Problem is, most judges don't know this rule.  I have never seen a lawyer, except for a JDB lawyer, waltz into court on the day of trial and not be ready to proceed.  So you have to show them the rule.

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Hello to all here and THANKS for the help and mostly all the information on this site.

Without finding this site, I would not have been able to make it to court 4 times and

survive. Well I just want to add information to this site of my experience in trial.

My trial lasted 3 1/2 hours. I made a lot of mistakes in my objections by not being

firm enough and not sticking to them. When the Judge talked me down, I then did not stand

strong enough. I did have some good moments though, so I think.

In this post I want to post the court minutes, please tell me what you think????

(next post I will tell what happened in court)

-Plaintiff presents opening statement

-Defendant presents opening statement (really did not, did not know what to say, not prepared)

-witness is sworn and testifies as witness for plaintiff (was not the OC witness)

-Plaintiff exhibit, marked for identification

-Defendants objections to entering plaintiffs exhibits into evidence is sustained

-Defendant is sworn and testifies as witness for plaintiff/self

-Defendant exhibits, marked for identification (no offer by defendant to enter into evidence)

-COURT FINDS;

Custodian of records-when records were created-must testify to records;

Business records testimony must come from the custodian of record as to

how document was created.

-Court will review documents prior to ruling on entering exhibits into evidence.

-Matter taken under submission

-Ruling will be mailed to both parties.

-Action complete.

I AM SOOO GLAD THIS IS OVER, OR I THINK IT IS, MAYBE NOT!

My next post I will tell a bit of what took place in court, interesting.

THANKS TO EVERYONE HERE, YOU WERE A BLESSING TO GET ME THROUGH, THOUGH I MAY NEED YOU AGAIN, SO

DON'T GO ANYWHER!!!!

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-COURT FINDS;

Custodian of records-when records were created-must testify to records;

Business records testimony must come from the custodian of record as to

how document was created.

-Court will review documents prior to ruling on entering exhibits into evidence.

-Matter taken under submission

 

 

I would say that these findings are very good for you.

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Here are some fun things that happened on my day at trial. Trial lasted 3 1/2 hrs. I was not nervous, just was going

to do my best and then oh well here we go. I'm old (59)so who cares ha. 

-Opening statements, both sides (mine was not good as I forgot what to say duh) 

-The witness (from Portfolio) went to the stand.

-I made an Objection; your Honor , I have been deprived Due Process in this case, due to not being notified of

  who the witness is, what the evidence is. She (Judge) said the evidence is what it was and said some other things

  don't remember. So she talked me down on this.

-Witness put on stand. Attorney started questioning. Attorney was leading witness, I Objected, 

-Judge said to Attorney; you are not laying a foundation. a few minutes later, the Judge said; lets get the elephant

 out of the room, you are not laying a foundation and the witness is not the Custodian of records, he is not

 qualified to testify. so he was still answering questions pertaining to statements (I think I was to Object, I did not).

-Attorney asked the Judge (witness on stand) if he could take his witness out to the hall . What? I Objected; we are

 in trial, why would he be able to take the witness off the stand? other than tell him what to say??!! Judge denied his request. 

-Defendant now asking questions to witness. Pertaining the statements, affidavits, his employment, title, how documents

 came to his attention, how long ago did he see these documents, etc, etc....

-Defendant is now called to testify. I Objected, but was still put on stand. I was asked about the mailing address, if

 I received my mail (lived their a short time), if I made charges on statements (NO, don't recall) etc., etc.

 (So then I was called a liar , then he made a story that my dead husband must of made these charges.

 Now, I am pissed...went off on him...and yes the judge allowed it!!!!!)

-Closing statements; Attorney again calling me a liar, going on and on (I am pissed again, went off on him again, so

 his closing statements were cut short , he did not say another word.)

-Judge asked if I had a closing statement (I was to upset, mad), I said no your Honor. I will respectfully wait your decision.  

 

In Short, these are things that happened in Trial.

I made mistakes, but I did my best. I have never done this before, but sure will be ready if it happens again.

 

FYI: for others to know and maybe it can help you to be  prepared.  

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The gall of that scumbag to speak of your husband. I'm very proud of you for standing your ground throughout trial and for firing back when you did. I enjoyed the breakdown of your trial and will probably end up reading it several times over again. JDBs hate losing a judgment, they underestimated you and you made them pay for it.

 

Congrats!!

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Here is part of Courts Ruling;

 

Evidence Code1271 requires; testimony by "the custodian or other qualified witness" as to the

identity and mode of preparation; the sources of information and method and time of preparation; the

timing of the creation of the record relative to act, condition, or event it memorializes; as well as

testimony that it was made in the regular course of business.

 

Defendant Objected to the admissibility of the records on Hearsay.

 

Plaintiff failed to lay a proper foundation under Evidence Code 1271. Therefore, the statements purporting 

to reflect a credit card debt of Defendant do not come into evidence. Plaintiff conceded they have no

documentation of the original agreement, no writing subscribed by the party charged.

 

Defendant testified she has no recollection of ever seeing the statements at issue other

than in the context of this lawsuit.

 

Defendant is the prevailing party.

 

JUDGMENT AGAINST xxxxxxxxx PLAINTIFF

JUDGMENT FOR  xxxx xxxxx DEFENDANT

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THANK YOU RyanEx!

I was sooo pissed at him for making up a story that my dead husband made these charges!!

Steam had to have been coming out my ears I was sooo mad.

The Judge did say to him "Stop".

 

I guess I am a bit proud, but I think I am dazed about winning. Wow, I/me beat these guy's. i wish I could see the look on

the face of the Law Firms Lawyer when they see they lost.

 

THANKS TO THIS SITE , EVERYONE, HOMELESS IN CALIFORNIA. I just kept reading and reading

threads on here over and over. This is why I won, with out your help I would not have known what to do.

 

Very glad it over, but would kinda like to do it again, because now I can do it so much better the next time around!! haha!! 

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Congratulations!!

 

Does anyone know what this means??

 

After Judgment for Defendant it say;

 

Hearing re; SUBMISSION OF JUDGMENT AFTER TRIAL/DISMISSAL set for January xx xx

 

What do ya think this hearing is for????

 

I'm not sure but I think it has to do with hearing any objections to the proposed judgment. If the judgment is received prior to the hearing then no appearance should be necessary. Someone please correct me if I'm wrong.

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