qbert Posted December 11, 2014 Report Share Posted December 11, 2014 Writing my trial brief now... its due really soon. Plaintiff missed responding to CCP96 and I am motioning to preclude all evidence. However, they did provide some of the usual garbage to a BOP request. not sure whether to address this or not in the brief. I'm anticipating they will fail to file a brief so im trying to be as concise as possible Quote Link to comment Share on other sites More sharing options...
Anon Amos Posted December 11, 2014 Report Share Posted December 11, 2014 I would say anything they sent with the BOP is irrelevant because they are precluded from admitting evidence at trial per ccp 97. It is a non suit Quote Link to comment Share on other sites More sharing options...
qbert Posted December 11, 2014 Author Report Share Posted December 11, 2014 i hear ya but im nervous judge may pull a fast one and let them admit evidence at trial. should i compose and retain a 'pocket brief' in this case, which i can introduce to judge mid-trial if needed? Quote Link to comment Share on other sites More sharing options...
Anon Amos Posted December 11, 2014 Report Share Posted December 11, 2014 I would have objections prepared for everything from the BOP. A pocket brief would be good to have. You could mention it in the trial brief, but I don't think I would. Judgment call. Quote Link to comment Share on other sites More sharing options...
qbert Posted December 11, 2014 Author Report Share Posted December 11, 2014 Anon, if youre still up, please check the pm convo, thanks Quote Link to comment Share on other sites More sharing options...
ASTMedic Posted December 11, 2014 Report Share Posted December 11, 2014 We obviously don't half a$$ things like they do so always have your docs ready but I'll be surprised if they are allowed to use the evidence. Sounds like your court gave them a good slap when they didn't file for the CMC. As I said don't go and get lazy but I think you're doing very well and it will all look good to the judge. 1 Quote Link to comment Share on other sites More sharing options...
Anon Amos Posted December 11, 2014 Report Share Posted December 11, 2014 They aren't showing much signs that they are actually going to go through with the trial (or do much more than send a "lawyer")in hopes of getting lucky.I agree you won't get lazy, as you just never know. Quote Link to comment Share on other sites More sharing options...
string Posted December 13, 2014 Report Share Posted December 13, 2014 I had the same situation; failure to respond to ccp96 was fatal to jdb's case, but i did file a trial brief - i think it mostly addressed the documents attached to ccp98. It's here if you'd like to take a look: http://www.creditinfocenter.com/community/topic/319956-sued-by-cach-llc-in-ca-update-i-win-its-over/?p=1295072 2 Quote Link to comment Share on other sites More sharing options...
Seadragon Posted December 14, 2014 Report Share Posted December 14, 2014 Asset Brief Long-REDACTEDrev1.doc I did some revision that changed the tone from"they aren't playing nice" to "they are trying to pull a fast one on the court and here is how they have been doing the magic trick" 1 Quote Link to comment Share on other sites More sharing options...
qbert Posted December 23, 2014 Author Report Share Posted December 23, 2014 conferred with rent a lawyer and they realized they had no case and dismissed before they spent any more money 3 Quote Link to comment Share on other sites More sharing options...
RyanEX Posted December 23, 2014 Report Share Posted December 23, 2014 Nice, congrats qbert! Quote Link to comment Share on other sites More sharing options...
Seadragon Posted December 28, 2014 Report Share Posted December 28, 2014 Is it ok If I tune up your trial brief with a more ESI based California cases for others? Quote Link to comment Share on other sites More sharing options...
credit2011 Posted December 29, 2014 Report Share Posted December 29, 2014 Is it ok If I tune up your trial brief with a more ESI based California cases for others?yes please do- it would be very beneficial Quote Link to comment Share on other sites More sharing options...
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