36 Days to Trial in Cali. Continuance? Please help.

[mgp]

I think that homelessiincalifornia threat is the most comprehensive and with lots of good documents there. also 1111girl  or something of that sort.

 

if you think that SOL has expired, hope that you included  in your affirmative defenses.

  

Luckily I at least did that right, and included that in my affirmative defense. Thanks for those threads.

Strings and ASTMEDIC'S threads are also good.

Okay, cool. Thank you.

[Anon Amos]

I would send the ccp 96 witness and exhibit request but not the discovery because you will be in trial by the time their response is due. You are going to get things last minute as it is. Also, I would send it overnight mail as suggested here.

[mgp]

I would send the ccp 96 witness and exhibit request but not the discovery because you will be in trial by the time their response is due. You are going to get things last minute as it is. Also, I would send it overnight mail as suggested here.

Question: do I still need to use a process server if I send it overnight mail?

Hpothetical question: if I were to send them a discovery request, and they provide an evasive answer, or maybe they don't even respond, would that undermine their credibility at trial? Thanks for humoring what is probably a silly question.

[Anon Amos]

You never needed a process server to send this. Sending it overnight will give them 3 less days to respond. You want them to have to sign for it as well. This request is going to be the same as discovery. Whatever they give you is the evidence and witness they can use. If it's not on the list then they can't use it.

If you send discovery the response is not due until after your court date. At best you would get the evidence dumped on your lap at trial and you will not have had time to form objections for it. If it was mine I would send the ccp 96 only. Don't complicate more than its already going to be.

[mgp]

^Okay, so what about proof of service? I thought I couldnt fill that out? Sorry for all the newb questions.

Understood about discovery. Thanks for sharing your insight. You're right. This whole thing is complicated enough.

[Anon Amos]

Don't worry about the questions. Someone else does need to sign the POS.

[mgp]

Thank you. Okay, cool.

[mgp]

Luckily, at day 36, you're still good to send out a CCP 96. I see you're going to take care of that tomorrow, so that's a good first move. (For sure take care of it tomorrow)

 

Plaintiff has until the 30th day before trial to serve you a CCP 98 Declaration in Lieu of Testimony. They often wait until the deadline to do that. remember, they just have to serve it (get it in the mail) by that day, so you may not receive it until a few days after. Start looking at sample trial briefs and objections (MILs) & figure out your court's local rules for when those items need to be filed.

 

To reinforce what Anon Amos said, I surprisingly did not get a CCP98 for my trial which is this Friday--and my JDB is known to use them.  You may not either.

 

Edited to add:  Use overnight mail to send your CCP 96 request to them if you can and be sure to require signature and get confirmation.   And I think you have time to sent a Request for Production of Documents along with it.  Wouldn't hurt.

 

^^Okay Everybody, I sent out the CCP96 yesterday 1/29/2015 via overnight mail. It was delivered today 1/30/2015. According to what I've read on other threads, Plaintiff has 20 days + 2 for mailing to respond, right? So their response is due no later than 2/19/2015 because I sent the form overnight, right?

 

I also sent them a BOP. I was reading homlessincalifornia's thread http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

and he was in a similar situation (4 weeks until trial), and that's what he did. I overnighted the BOP too, which gives them 10 days + 2 for mailing to respond, right? So the BOP should be due no later than 2/9/2015, right?

 

BOP sent Overnight -- Delivered 1/30/2015 -- Due 2/9/2015

CCP96 sent Overnight -- Delivered 1/30/2015 -- Due 2/19/2015

 

 

I should've read the title. send out that ccp96 as it has been suggested, and also start working on your objection to their CCP98. get ready to serve a subpoena to the CCP 98 declarant.

 

Coincidentally, the 30th day before trial would be 2/5/2015, so the CCP98 should be due no later than 2/9/2015, correct?

[mgp]

These are some of the threads that I've read so far:

 

http://www.creditinfocenter.com/community/topic/320682-need-help-with-discovery-please/

 

http://www.creditinfocenter.com/community/topic/313655-cavalry-spv-i-llchelp-im-about-to-get-served-papers/

 

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

 

I still need to finish homelessincalifornia's thread, and read the threads by 1111girl, strings, and ASTMEDIC. I also still need to familiarize myself with the local rules of court, certain parts of the CCP, possible objections, motions, etc. etc.

 

Am I on the right track? Any recommendations or things I may have left out?   

 

BTW, I don't have internet at home. So most of this reading has been done on breaks, at work, or on my tiny smartphone.

[Anon Amos]

Yes you are on the right track. You left out the CA rules of evidence. Hearsay, business records exception to it, rule of authentication, foundation.

 

Learn about legal standing to sue.

[RyanEX]

CCP 96 - If you sent on 1/29, I have the 22nd day being 2/20. Did you include a POS with it? They would need to send their response to the CCP 96 request by the 22nd day, may not get to you til a few days after.

[mgp]

Yes you are on the right track. You left out the CA rules of evidence. Hearsay, business records exception to it, rule of authentication, foundation.

 

Learn about legal standing to sue.

 

^Awesome. Thank you. I'm heading to the law library tomorrow, so hopefully I can get through the majority of this material.

 

CCP 96 - If you sent on 1/29, I have the 22nd day being 2/20. Did you include a POS with it? They would need to send their response to the CCP 96 request by the 22nd day, may not get to you til a few days after.

 

You're absolutely right. Thanks. It is 2/20. I better check and re-check my dates. I included a POS with the CCP96, but I did not indicate on the POS that I provided a copy to the Plaintiff. I only indicated that I was sending them a BOP and CCP96 on the POS.

 

Weird thing, is that I always indicate that I'm sending them a POS. But this time, I was reading the Plaintiff's POS, and they never indicate that they're sending me a copy. So I did the same. Will that suffice? I used Form POS 040 since I was sending it overnight.

[Anon Amos]

Great idea going to law library. Look up the books California jurisprudence and California forms and pleadings. Maybe even look your judge up in a book called judges opinions. Get a copy of your local rules.

You can get the civil code of procedures and rules of evidence online

[mgp]

^Okay, will do. That would be great if they have some of my judges rulings.

Alright, I need to do an outline of some sort. I've gotta make sure Im covering all my bases in an organized way. So much info to digest.

[Anon Amos]

Be careful not to burn yourself out. Brain overload.

[jgonzzz]

I also recommend checking online if possible to see if they filed the CCP98 with the courts. They claim to have served me, but I conveniently never got it and had to find out online. Here is the link if you are in LA- http://www.lacourt.org/casesummary/ui/

[sadinca]

These are some of the threads that I've read so far:

 

http://www.creditinfocenter.com/community/topic/320682-need-help-with-discovery-please/

 

http://www.creditinfocenter.com/community/topic/313655-cavalry-spv-i-llchelp-im-about-to-get-served-papers/

 

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

 

I still need to finish homelessincalifornia's thread, and read the threads by 1111girl, strings, and ASTMEDIC. I also still need to familiarize myself with the local rules of court, certain parts of the CCP, possible objections, motions, etc. etc.

 

Am I on the right track? Any recommendations or things I may have left out?   

 

BTW, I don't have internet at home. So most of this reading has been done on breaks, at work, or on my tiny smartphone.

 

 

homelessincalifornia will have some nice cheat sheets to help you during trial.

 

also, hope this videos/courses help you identify hearsay the moment you hear it and object.

http://www2.courtinfo.ca.gov/protem/courses/hearsay_1/01_01.htm

 

https://www.youtube.com/watch?v=FaCDUKoG_kk

[mgp]

I also recommend checking online if possible to see if they filed the CCP98 with the courts. They claim to have served me, but I conveniently never got it and had to find out online. Here is the link if you are in LA- http://www.lacourt.org/casesummary/ui/

  

^ Im not in LA, but thank you, that's a great idea.

homelessincalifornia will have some nice cheat sheets to help you during trial.

 

also, hope this videos/courses help you identify hearsay the moment you hear it and object.

http://www2.courtinfo.ca.gov/protem/courses/hearsay_1/01_01.htm

 

^ Thank you. I'll check them out. Everyone here has been so helpful with resources, thoughts, and suggestions.

I really appreciate it.

Hopefully I can post up some of the progress Im making in the next few days, and get some ideas from everyone.

[mgp]

Hey everyone, so I've been reviewing the local rules of court regarding MILs (motions in limine), and this is the rule:

 

Rule 2.1.18

Motions in Limine

Motions in limine must be limited in scope in accordance with Clemens v. American Warranty Corp. (1978)

193 Cal.App.3d 444, 451; Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 670-671; and Amtower

v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, 1593-1595. Unless otherwise directed by the court, counsel

must file and serve motions in limine and opposition thereto five court days and two court days respectively prior to

trial call. The following motions in limine will be deemed granted at the time of the trial readiness conference if

applicable:

A. Motion excluding evidence of collateral source;

B. Motion excluding evidence of or mention of insurance coverage;

C. Motion excluding experts not designated pursuant to Code of Civil Procedure section 2034.300 and

D. Motion excluding offers to settle and/or settlement discussions.

Written motions should not be submitted on the above issues.

(Adopted 1/1/2000; Renum. 7/1/2001, Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2010; Rev. 1/1/2012)

 

 

^ Okay, so here are my questions:

1. Am I the opposition? If so, does that mean I have two court days to file the MIL prior to trial?
2. The rule states motions must be filed two court days prior to trial, but then it states that written motions should not be submitted on the above issues. I'm confused. Can someone please clarify?
3. Also, I believe we had our trial rediness conference where our trial date was scheduled, unless I'm mistaken, but I didn't know about MILs at the time. Does that mean I cannot raise the above issues prior to, or at trial? Do they even apply to my case?
4. Lastly, I couldn't find anything in the local court rules regarding Trial Briefs. I believe I read that I should contact the Judge's clerk to get that info. Is that correct? Also, Is there anything else I should be asking the Judge's clerk?  

[RyanEX]

Calawyer and others recommend renaming your MIL (Motion in Limine to CCP 98...) to "Objection" (Objection to CCP 98...).

 

You'd be the one submitting the objection so you are not the opposition to it. You need to file & serve it at least 5 court-days prior to trial - and Calvary, if they chose to file (& serve) an opposition to it, must do so by 2 court-days prior to trial.

 

Those issues (A thru D), aren't the type of issues you'd be objecting to, don't worry about that.

 

Definitely file an Objection prior to trial. It gets your objections on the record and puts the JDB on notice that you know the law & rules of evidence and that you'll raise those issues at trial. JDBs don't want to take a loss and many times have dismissed cases once getting a trial brief & MIL/Objection detailing how defendant will be attacking their flimsy case. *But they'll still bluff you and make you think they have a strong case until the moment they dismiss.

 

Use the same 5 court day deadline for your Trial brief.

 

 

* know the difference between calendar days and court days.

[HumgBird]

Not sure what county you are in but first off go to your county court's website, find the department your case is assigned to and check their page to see if they have any specific rules.  

 

For your question #1 If you are filing the MIL's you are not the opposition, so you would need to file yours 5 days prior and if the Plaintiff decides to oppose they have to do it 2 days prior.

 

For your question #2 - unless you are filing MIL's on any of those items listed, you are OK.  Normally you would not be  (that had me confused at first as well)

 

It wouldn't hurt to call the court clerk to find out what they want to do with regard to trial briefs.  My case was originally assigned to a particular judge/department and during our Case Management Conference they gave me a nice 2 page document that listed his specific deadlines.  Then when my case was transferred to a different department/judge I was a bit confused.  This new judge's rules followed the local rules of the court which were similar to what you posted above.  I was not 100% sure so I called his court clerk.  She wasn't much help actually but did tell me I could file my Trial brief during the trial readiness conference and could probably bring my MIL's to the conference as well.  I chose to go with filing my MIL's with the local court rules of 5 days (with any objections 2 days) prior to trial.  I felt this would give me a leg up for a couple reasons...hopefully my judge would read them prior to the trial (therefore helping to cover if I flubbed up what I was trying to say while objecting if my case when to trial LOL) and also for a written record in case things went very wrong at trial and I had to appeal.

 

 

So be sure to check your case on the court website daily.  It will list your judge/department and should also include any upcoming dates.  It will be very important that you do not miss your Trial Readiness Conference if one is scheduled.

[HumgBird]

I had originally left "Motion in Limine" off of my Motions (I did three of them) based on Calawyer's advice about calling them an objection, but upon reading up on the rules before I went to file them, I added it back in and specifically called them Motions in Limine for the reason below:

 

This is because the court rules say that to file any type of "Motion" you need to have a date scheduled -- except for Motions in Limine.  Also there is a pretty hefty filing fee for a Motion of $60 each.  No fee for Motions in Limine.  It was interesting that the court clerk was not aware of any of this.  First she didn't want to accept them because there was no date filed, then she wanted to charge me.  She had to call and ask someone.  No charge and I was instructed to put them in my courts drop box.

 

I was a bit confused as to how to file an "Objection" and didn't have time to do anything different.  Maybe all I needed to do was call it an objection and drop it in my department's drop box, not sure.  Maybe someone can help explain the difference?  However in hindsight I do think filing the MIL's and serving them to the Plaintiff just a few days before trail helped with their dismissal.  Shows I meant business

[mgp]

I also recommend checking online if possible to see if they filed the CCP98 with the courts. They claim to have served me, but I conveniently never got it and had to find out online. Here is the link if you are in LA- http://www.lacourt.org/casesummary/ui/

 

^ Thanks for the tip. I took your advice, and looked up my case online. I'm not in LA, but my county offers online case access. I did not see a CCP98 having been filed by the Plaintiff in my case.

 

Today, 02/10/2015, the response to my BOP, and the CCP98 are due. At least I think they are due. Here's the kicker.

 

I received the NOTICE OF HEARING with the following information:

 

 

TYPE OF HEARING                            DATE               TIME             DEPT                JUDGE

Civil Court Trial                                   03/06/2015        08:00 am       Redacted          Redacted

 

 

I contacted the Court Clerk today to find out when my Trial Brief and Objections are due. She said as soon as possible, then she changed her mind, and said at trial call. They were in session, and she was whispering, so I asked if I could call her back to get the correct information. She asked me to call her tomorrow at 11:00 am.

 

So then, I started reviewing the local rules for my court to see if there was info on Trial Briefs and Objections. I couldn't find any, but I found this:

 

Rule 2.1.15

Trial Readiness Conference

A trial readiness conference will generally be scheduled four weeks before the trial date. The parties must meet

prior to the scheduled hearing and attempt to resolve the case, or, if that is not possible, limit issues for trial. If the

case is not settled in its entirety, all parties must prepare and sign a joint trial readiness conference report in the

format set forth in the joint trial readiness conference report available on the Civil forms area of the court’s web site:

http://www.sdcourt.ca.gov/pls/portal/url/page/sdcourt/generalinformation/forms/civilforms. Separate reports will

not be accepted. Failure to disclose and identify all trial exhibits and witnesses intended to be called at trial and all

other items required by the report may, in the court's discretion, result in exclusion or restriction of use at trial. The

completed report must be presented to the judge at the scheduled conference. No part of the joint trial readiness

conference report is to be received into evidence against any party in later proceedings.

Parties completely familiar with the case and possessing authority to enter into stipulations must be present at

the scheduled hearing. Orders made will be binding on the parties and will not be subject to reconsideration due to

an attorney's unfamiliarity with the case at the time of the hearing. The parties must be prepared to discuss any

unusual evidentiary or legal issues anticipated during the trial and all remaining matters believed by any party to be

appropriate for stipulation.

During the trial readiness conference, the court will review with counsel and sign or issue the advance trial

review order setting forth specific trial preparation requirements of the trial department.

 

 

We haven't had a Trial Readiness Conference, as required by law. We had a Case Management Conference on 12/05/2014, which is different, and explained in another rule; specifically, Rule 2.1.9.

 

Here's my questions:

1. Did the Court make a mistake in scheduling a Civil Court Trial, or, is the Civil Court Trial scheduled actually a Trial Readiness Conference? 
2. If the Court did make a mistake, and was supposed to schedule a Trial Readiness Conference, then can I simply write a letter to the Court explaining that a mistake was made? Or, do I have to file a motion?
3. If the Court did make a mistake, then does that mean all my dates are meaningless, and that I have to re-send my CCP96? Do I now have time for Discovery?

[mgp]

Calawyer and others recommend renaming your MIL (Motion in Limine to CCP 98...) to "Objection" (Objection to CCP 98...).

 

You'd be the one submitting the objection so you are not the opposition to it. You need to file & serve it at least 5 court-days prior to trial - and Calvary, if they chose to file (& serve) an opposition to it, must do so by 2 court-days prior to trial.

 

Those issues (A thru D), aren't the type of issues you'd be objecting to, don't worry about that.

 

Definitely file an Objection prior to trial. It gets your objections on the record and puts the JDB on notice that you know the law & rules of evidence and that you'll raise those issues at trial. JDBs don't want to take a loss and many times have dismissed cases once getting a trial brief & MIL/Objection detailing how defendant will be attacking their flimsy case. *But they'll still bluff you and make you think they have a strong case until the moment they dismiss.

 

Use the same 5 court day deadline for your Trial brief.

 

 

* know the difference between calendar days and court days.

 

^ I just re-read your post. Thank you! I will have my Trial Brief and Objections ready 5 court days prior to trial. Since I have to serve them on the Plaintiff, does that mean I need to send it out at least 7-10 court days prior to trial, to allow for 2 or 5 days for mailing? How would that work?  

[mgp]

Not sure what county you are in but first off go to your county court's website, find the department your case is assigned to and check their page to see if they have any specific rules.  

 

For your question #1 If you are filing the MIL's you are not the opposition, so you would need to file yours 5 days prior and if the Plaintiff decides to oppose they have to do it 2 days prior.

 

For your question #2 - unless you are filing MIL's on any of those items listed, you are OK.  Normally you would not be  (that had me confused at first as well)

 

It wouldn't hurt to call the court clerk to find out what they want to do with regard to trial briefs.  My case was originally assigned to a particular judge/department and during our Case Management Conference they gave me a nice 2 page document that listed his specific deadlines.  Then when my case was transferred to a different department/judge I was a bit confused.  This new judge's rules followed the local rules of the court which were similar to what you posted above.  I was not 100% sure so I called his court clerk.  She wasn't much help actually but did tell me I could file my Trial brief during the trial readiness conference and could probably bring my MIL's to the conference as well.  I chose to go with filing my MIL's with the local court rules of 5 days (with any objections 2 days) prior to trial.  I felt this would give me a leg up for a couple reasons...hopefully my judge would read them prior to the trial (therefore helping to cover if I flubbed up what I was trying to say while objecting if my case when to trial LOL) and also for a written record in case things went very wrong at trial and I had to appeal.

 

 

So be sure to check your case on the court website daily.  It will list your judge/department and should also include any upcoming dates.  It will be very important that you do not miss your Trial Readiness Conference if one is scheduled.

 

 

I had originally left "Motion in Limine" off of my Motions (I did three of them) based on Calawyer's advice about calling them an objection, but upon reading up on the rules before I went to file them, I added it back in and specifically called them Motions in Limine for the reason below:

 

This is because the court rules say that to file any type of "Motion" you need to have a date scheduled -- except for Motions in Limine.  Also there is a pretty hefty filing fee for a Motion of $60 each.  No fee for Motions in Limine.  It was interesting that the court clerk was not aware of any of this.  First she didn't want to accept them because there was no date filed, then she wanted to charge me.  She had to call and ask someone.  No charge and I was instructed to put them in my courts drop box.

 

I was a bit confused as to how to file an "Objection" and didn't have time to do anything different.  Maybe all I needed to do was call it an objection and drop it in my department's drop box, not sure.  Maybe someone can help explain the difference?  However in hindsight I do think filing the MIL's and serving them to the Plaintiff just a few days before trail helped with their dismissal.  Shows I meant business

 

^ I just re-read your posts too. Thanks for that info! It looks like the Local Rules are county wide, so that's good. I need to figure out what's going to work best. I just IM'd another member on here, who is in the same jurisdiction, and he labeled his MILs as Objections. But, your process was the opposite. I'm guessing both will work? I don't know.