CaliMOO

Sued by Unifund LLC via Kenosian & Miele

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A witness from JDB cannot authenticate or lay a foundation for OC records, so a witness from plaintiff (and not OC) puts them in the same boat as the above post.

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Object to their request for a continuance. They had time to prepare and trial dates are firm CA Rule OF Court 3.1332

 

Have to go now, good luck.... 

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Sorry for the delay. I was up late last night and had to get up early today which accounted for about only 4 hours of sleep.

 

So I woke up at 6AM today to do some last minute preparations. Made sure I have everything I needed printed out (questions to ask, the different CCPs that support my objections/arguments, copies of my trial brief and objections that I can give to the rent-a-lawyer, etc.). I also checked my email to see if I receive a last minute response from the Plaintiff regarding my counteroffer, which I presented via email back on 7/3. No email from the Plaintiff. I checked the court docket online to see if anything new came up since I filed my objections and trial brief, there was none. I decided not to overwhelm myself with information, keep things pretty basic and stick to the points I brought up in my objections and trial brief. So I got in my suit and left the house an hour before my court appt.

 

I live about 15 mins from the courthouse and traffic wasn't that bad. I was literally in front of courtroom door 40 mins before my appt. I looked at the screen display on the door and saw my name along with other appts. schedule for today. I checked tom make sure there were no updates to my appt. Everything appeared to be as scheduled. I noticed there was a paper printout on the side of the screen with some final updates for today's schedule. While there were no changes on mine, I noticed that the lawyer listed on my trial is Kenneth J. Miele. I asked the guard if that meant Kenneth J. Miele will be representing the Plaintiff on today's court trial. The guard told me "You just never know, he may or he may not?" I figured, no use worrying about that now. Still, I was looking around for that rent-a-lawyer that attended during my CMC. She was pretty disorganized and wouldn't mind facing her in court.

 

So I am sitting outside on the bench, organizing my stuff, checking my email, posting on this site, looking up last minute stuff to support my defense. I look around me and I see this middle aged gentleman who looks like a lawyer. I thought to myself "What If that guy is Kenneth J. Miele?" But then, I saw he had someone else with him that looked like a client and figured he must be representing that person on another case.

 

10 mins before my trial and the guard let's me in. I go inside the courtroom and there were only 3 other people there with me...the guard, someone that looks like the Judge's secretary, sitting on this podium next to where the Judge would sit and what looks like a court reporter, she was right upfront to the right with her laptop sitting on a table. A couple of minutes later, this man walks in and the guard greets him "Good Morning Mr. *didn't catch the name*!" The other people in the room greeted him as well. The man starts some small conversation with them, addressing them by their first names. He then sits down. My trial is scheduled for 9AM, but there is also another trial in the same room scheduled for the same hour. I wondered if that man was there for the other trial. Shortly after sitting down, the Judge's Secretary asked the man which case is he there for. The man responded "UNIFUND vs...." and then he said my last name. I started getting nervous a bit, he looked like a pro, unlike the rent-a-lawyer who went to my CMC, he knew people inn the courtroom on a first name basis and I thought to myself "Oh crap, I'm dead!" On the bright side, I knew he wasn't Kenneth J Miele since that wasn't the last name I heard when the guard greeted him.

 

So the Plaintiff's rent-a-lawyer looks at me and asks if I had reviewed the Plaintiff's settlement offer. I walked to him and told him that I have and that I have emailed the Plaintiff with my counteroffer on 7/3 but have not heard back from anyone. He asked me what my counteroffer was. I told him dismissed with prejudice (of course no settlement sum, no stip), cease reporting to the credit bureaus and for each party to bear their own cost. He pulls this paper, looks through it quickly and says "Well, that's the Settlement Agreement that I have here for you." He then asks me "Would you like to look through this and see if this is something that you can agree with the Plaintiff?" I agreed. The rent-a-lawyer tells me "All that stuff you want should be there, the rest is just legal mumbo jumbo." Yeah right "legal mumbo jumbo my @$$" I was going to read that through. The Judge walks in and the rent-a-lawyer tells the Judge that he is having me review the Settlement Agreement and that if we can break for 10 mins. Judge goes back to his chamber, rent-a-lawyer tells the courtroom staff and myself that he has another case in the other room where he is about to tell the other Judge about the offer for his other case, and so he leaves.

 

I read the Settlement Agreement and Mutual Release a few times to make sure that there is nothing that might bite me back or if there was any kind of payment or any kind of clause that would reverse my dismiss with prejudice request. There didn't appear to be any points of concern. The rent-a-lawyer comes back and I told him that I accept. He asks me to sign the Agreement and told me that I should also get a copy from the Plaintiff with their signature in the next few days. The Judge comes out and the rent-a-lawyer informs the Judge that we came to a Settlement Agreement. Rent-a-lawyer gives the Judge the run down, Judge asks me if I had any questions and if there was anything not clear to me. I told him "No". Judge announces "Case dismissed with prejudice" and moves on to his next case. Rent-a-lawyer asks Judges Secretary to make me a copy of the Agreement. Secretary leaves, returns and hands me a copy.

 

So the rent-a lawyer and I walked down and he tells me "You look familiar? Did you have another case here in the past?" I told him "No. This has been my only case and I hope I never have to come back here again!" He laughs and then asks me "So how did you get the Plaintiff to accept your counteroffer?" I told him (without sharing a whole lot) that I objected to their response of "Person Most Knowledgeable" for witness. Excited about the outcome and my victory I shook rent-a lawyer's hand and told him to have a great weekend!

 

A few thoughts that have been running through my head all day:

 

-What if I didn't accept the Settlement Agreement and went to trial? Now that I think about it. It didn't look like any of the witnesses showed up since there was no one in the court room but me and the rent-a-lawyer. It seems like the Plaintiff had no plans of having any witness show up. I decided not to because I didn't notice that there weren't any witnesses until after I left the courthouse. Also, the rent-a-lawyer appeared to be buddy buddies with everyone, in fact, I think he may even be a courthouse employee or is there frequently to work on other cases. So the Judge could have easily sided with rent-a-lawyer.

 

-What if the Settlement Agreement and Mutual Release has some kind of loophole for the Plaintiff that might bite me back?

 

I just checked by court docket and it now has a status of "Case Dismissed - With Prejudice"!!!

 

Special thanks to calawyer, Anon Amos, Seadragon, sadinca and shellieh98 and to everyone else for all your help, advise and guidance!!! I am so glad to be a part of this forum and I have learned so much from each one of you!!! Again, thank you very, very much!!!

 

::travolta::  :banana:  :clapper:  :multibounce:  :yahoo:  :punknanner:  :nannersplit:

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I work retail and working right now.Came to hid in the stockroom to read your report. Cant read the whole post but i catch that your case got DISMISSED!!! CONGRATULATIONS

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Great job. You beat a professional litigant who was represented by an attorney. I am so proud of you.

Your instincts were correct about settling. THis sounds like a great deal. And I am proud of you for reading the agreement carefully more than once.

For anyone else following this thread, the only thing I would add is to tell the lawyer you are not leaving without a copy of the agreement that you signed. They will figure out a way to do it in the library or getting the clerk to do it for them. If they want to wait until the last minute and not respond to your counter offer until the day of trial, then they can figure out a way to get you a copy!

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:

 

-What if I didn't accept the Settlement Agreement and went to trial? Now that I think about it. It didn't look like any of the witnesses showed up since there was no one in the court room but me and the rent-a-lawyer

 

::travolta::  :banana:  :clapper:  :multibounce:  :yahoo:  :punknanner:  :nannersplit:

 

You would have won, but there wasn't a reason not to accept the agreement as it provided the same results as a ruling in your favor would have done. Also, it was your agreement in the first place (they just re worded it).

 

Congratulations again.

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Congrats, CaliMOO!!!    So glad you won - two of us in one week!  :yahoo:

It was actually 3 of you. Credit2011 got her dismissal with prejudice just before you guys.

Congratulations to all of you, each worked very hard at it.

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