Mopar2u 28 Posted June 26, 2015 Report Share Posted June 26, 2015 Let me start by thanking ASTMedic for laying out the guidelines in "How I beat Midland in California" that I basically copied and then updated with the Target v. Rocha info that Calawyer and several others pointed out. Because of what I learned here I was able to get Absolute Resolutions to dismiss their case the morning of the trial. If it had not been for this forum and the many helpful contributors I don't know what I would have done. Now it is my time to give back, so I am attaching redacted copies of the documents that I spent so much time researching and typing up. I hope this will help someone else as much I was helped by the other contributors to this forum. 9 Quote Link to post Share on other sites
Anon Amos 2,247 Posted June 26, 2015 Report Share Posted June 26, 2015 Good for you, and CONGRATULATIONS. Post the victory in the Hall of Fame winners thread (several people have won but not posted there). Don't forget to get your cost back if you had them (plenty of info on that here). 1 Quote Link to post Share on other sites
Mopar2u 28 Posted June 26, 2015 Author Report Share Posted June 26, 2015 Response to Requests for Admission - Redacted.pdfResponse to Request for Production of Docs - Redacted.pdfResponse to Form Interrogatories - Redacted.pdfObjection to Declaration In Lieu - Redacted.pdf 3 Quote Link to post Share on other sites
shellieh98 1,505 Posted June 26, 2015 Report Share Posted June 26, 2015 Congrats! Good job 1 Quote Link to post Share on other sites
Mopar2u 28 Posted June 26, 2015 Author Report Share Posted June 26, 2015 DEFENDANT’S TRIAL BRIEF.doc 1 Quote Link to post Share on other sites
1stStep 242 Posted June 26, 2015 Report Share Posted June 26, 2015 Nice work! File your MC-010 to get your costs. That's gonna keep them from coming back and suing again. 1 Quote Link to post Share on other sites
sadinca 772 Posted June 26, 2015 Report Share Posted June 26, 2015 great job!! congratulations!!! 1 Quote Link to post Share on other sites
RubyTuesday 64 Posted June 29, 2015 Report Share Posted June 29, 2015 Congratulations!!! Looks Like this might be your second win? Great Job ))) Thanks so much for your posted Docs...They will be very helpful to me..as I round the bend for my case in Jan. Much Appreciated. Quote Link to post Share on other sites
Mopar2u 28 Posted June 30, 2015 Author Report Share Posted June 30, 2015 I just came across some helpful info from calawyer on post #306 of Portfolio Recovery / Hunt & Henriques regarding the use of a table of contents and table of authorities that I should have incorporated into my brief, since it was longer than 10 pages. "The rule is that they are required in any brief exceeding 10 pages. Here is the rule: http://www.courts.ca...nkid=rule3_1113 " 2015 California Rules of CourtRule 3.1113. Memorandum (f) Format of longer memorandum A memorandum that exceeds 10 pages must include a table of contents and a table of authorities. A memorandum that exceeds 15 pages must also include an opening summary of argument.(Subd (f) amended and lettered effective January 1, 2007; adopted as part of subd (d); subd (d) previously amended and relettered as subd (e) effective January 1, 2004) 2 Quote Link to post Share on other sites
calawyer 1,848 Posted June 30, 2015 Report Share Posted June 30, 2015 Congrats on your victory and thanks so much for giving back! The only thing I would mention to folks using the CCP 98 objection is to include CACH v. Rodgers, a more recent case following Target. You especially want to do this if you are in Southern California. Again, nice going. 4 Quote Link to post Share on other sites
credit2011 105 Posted July 1, 2015 Report Share Posted July 1, 2015 Congratulations! Quote Link to post Share on other sites
joshandles 2 Posted July 1, 2015 Report Share Posted July 1, 2015 Now I need a How I Beat Midland in AZ 1 Quote Link to post Share on other sites
RyanEX 899 Posted July 1, 2015 Report Share Posted July 1, 2015 Now I need a How I Beat Midland in AZ It's a tougher battle in AZ. When you start your own thread, be sure to put AZ or Arizona in the title so Arizona members will find you. Quote Link to post Share on other sites
Anon Amos 2,247 Posted July 1, 2015 Report Share Posted July 1, 2015 Also, remember fighting a case in AZ is not the same thing as fighting a case in AZ Justice court.Good luck with any AZ thread. Quote Link to post Share on other sites
Mopar2u 28 Posted July 7, 2015 Author Report Share Posted July 7, 2015 Filed my MC-010 yesterday and mailed a copy to plaintiff's lawyer CMRR. 1 Quote Link to post Share on other sites
thematrixhasme0425 0 Posted July 15, 2015 Report Share Posted July 15, 2015 Let me start by thanking ASTMedic for laying out the guidelines in "How I beat Midland in California" that I basically copied and then updated with the Target v. Rocha info that Calawyer and several others pointed out. Because of what I learned here I was able to get Absolute Resolutions to dismiss their case the morning of the trial. If it had not been for this forum and the many helpful contributors I don't know what I would have done. Now it is my time to give back, so I am attaching redacted copies of the documents that I spent so much time researching and typing up. I hope this will help someone else as much I was helped by the other contributors to this forum.Thank you!!!! I'm glad I found this site. I received a summons from these douche bags last Saturday. Thank you...thank you. I'm in the crappy state of Arizona so hopefully I can beat them. Quote Link to post Share on other sites
Seadragon 840 Posted July 19, 2015 Report Share Posted July 19, 2015 DEFENDANT’S TRIAL BRIEF.docMy favorite part: "Plaintiff behaves in a predatory and contemptible manner. The lack of admissibility of evidence under several of the Evidence Codes and under the relevant Code of Civil Procedure § 98 by a litigant as experienced as ABSOLUTE RESOLUTIONS V LLC and the clear and deliberate misrepresentations in the Declaration in Lieu of Plaintiff’s witness and the attempts to contravene and subvert evidentiary statutes are all examples of Plaintiff’s contempt both for the public and for the court. " Simply elegant. 2 Quote Link to post Share on other sites
Seadragon 840 Posted July 19, 2015 Report Share Posted July 19, 2015 Thank you!!!! I'm glad I found this site. I received a summons from these douche bags last Saturday. Thank you...thank you. I'm in the crappy state of Arizona so hopefully I can beat them.I hAve some help in AZ as well. Hope it isn't Maricopa county. Be very deadline concious and prepare for plaintiffs motion for summary judgment. 1 Quote Link to post Share on other sites
Mopar2u 28 Posted July 19, 2015 Author Report Share Posted July 19, 2015 My favorite part: "Plaintiff behaves in a predatory and contemptible manner. The lack of admissibility of evidence under several of the Evidence Codes and under the relevant Code of Civil Procedure § 98 by a litigant as experienced as ABSOLUTE RESOLUTIONS V LLC and the clear and deliberate misrepresentations in the Declaration in Lieu of Plaintiff’s witness and the attempts to contravene and subvert evidentiary statutes are all examples of Plaintiff’s contempt both for the public and for the court. " Simply elegant.Seadragon,I wish I could take the credit, however I have to admit that I don't remember whether I borrowed those words directly from something I found on this forum, or if it is a summary of several themes that I found here. I do know that it was not an original idea that I came up with. As a matter of fact, I would have been dead in the water if I had not found this forum. I cannot express how thankful I am for the information and guidance provided by the many committed and caring contributors. I also wanted to post a couple of links that this forum lead me to that I have not seen promoted recently. So, at the risk of being repetitive, I am going post them for the benefit of any newbies. The first one is pre Target v. Rocha and Cach v. rogers, but I believe is where ASTMedic borrowed from. The second is the opionion from CACH v. Rogers.http://www.plainsite.org/dockets/13y9cbsre/superior-court-of-california-county-of-san-mateo/midland-funding-v-sandra-pacheco/andhttp://www.courts.ca.gov/opinions/archive/JAD14-11.PDF Quote Link to post Share on other sites
Ranxerox 1 Posted July 20, 2015 Report Share Posted July 20, 2015 Way to go Mopar2u! Your win also gives me hope also...back to studying... 1 Quote Link to post Share on other sites
shellieh98 1,505 Posted July 20, 2015 Report Share Posted July 20, 2015 @thematrixhasme0425 most of this thread will not apply to you, the OP is in california, whole different set of rules. Start up a thread of your own, and we will help. Quote Link to post Share on other sites
Mopar2u 28 Posted August 4, 2015 Author Report Share Posted August 4, 2015 Filed my MC-010 yesterday and mailed a copy to plaintiff's lawyer CMRR. Received a check today from Resurgence Legal Group in payment of my costs and pursuant to my Memorandum of Costs. Thanks again to this forum! I wouldn't have known to file an MC-010 if I hadn't read it here. Unfortunately, I can't collect anything for all of the time I spent on this case, but it feels good to at least get back my filing fee. 5 Quote Link to post Share on other sites
sadinca 772 Posted August 4, 2015 Report Share Posted August 4, 2015 @Mopar2u congratulations. have a nice steak dinner on their honor. Quote Link to post Share on other sites
h8spleadingpaper 132 Posted December 14, 2015 Report Share Posted December 14, 2015 Response to Requests for Admission - Redacted.pdfResponse to Request for Production of Docs - Redacted.pdfResponse to Form Interrogatories - Redacted.pdfObjection to Declaration In Lieu - Redacted.pdfAnyone still have these docs? I'm curious to read the Objection to the Dec In Lieu, but when I click on the link, I'm taken to a screen that says the doc isn't available. Thanks! Quote Link to post Share on other sites
h8spleadingpaper 132 Posted December 14, 2015 Report Share Posted December 14, 2015 DEFENDANT’S TRIAL BRIEF.docAnyone have this doc? Again, the link takes me to a page that says, "Whoops! Something went wrong...” Not sure why this keeps happening, unless maybe the folks posting docs are using an outside Google drive that’s no longer available, maybe? @Mopar2u, @Seadragon, @Anon Amos, @credit2011, @sadinca, @shellieh98 ? Thanks, all! Quote Link to post Share on other sites
