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jrome1228

Another Hunt & Henriques victim here...Trial set for early Nov!

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Thanks H8!

 

Sorry for the delayed response. I needed a couple of days to decompress from getting all worked up for a trial I didn't have to go to...ha ha!

As for the Notice of Entry of Dismissal, I called the courthouse today and the clerk told me that they don't mail out a Notice Of Entry of Dismissal. She then told me that if I received something that it would be from the party who dismissed, H&H. She, also, said that the case was closed at that I couldn't file anything to re-coup my costs so it is a waste of my time. I mentioned the MC-010 form and she said that I should "seek legal advice" and that I would have to file a motion with the judge in order to request my fees to be reimbursed. This clerk lady is is one nasty...you know what! She's even like that in person. Actually, they are all like that in person.

 

I trust the information I get from this forum so what should I do in spite of her instructions. She, obviously, doesn't want to accept the MC-010 so what should I do in that event?

 

As for your questions:

 

1) I dropped the CCP 96 in the mail on Day 41. After that I sent in my M&C Letter on Day 15 and started the Subpoena service that day.

Unfortunately, the company/guy I decided to use was fraudulent. The guy's name is Richard McMillan, supposedly and the name of his company is P.S.S.L.A.C. (Process Server Service of Los Angeles County). I Google "Process Servers in Los Angeles" and his listing pops up with "4 stars" touting Subpoena service for $34.99. OMG!! This guy was a complete fraud. He claimed to do the service and never did!

 

He got the job on a Tuesday and claimed it could be done by Friday with a Declaration of Due Diligence and everything for only $34.99. I called and emailed him on Friday and he didn't return my call or email. I then called from a different number and he picked up and acted like he didn't even remember taking my order. He, then, told me that it was already served and that he needed to get the information from his process server that worked for him. Of course he never called me back so I got concerned. I called him back again and he said that it was served on Friday and that it would be $48.00. I said what happened to the $34.99 you told me from the beginning and he said that I could just go with someone else if I didn't want to pay the $48 (Classic bait and switch). I, then, told him that I was under a time crunch so just get me the documents via email and I will send over the payment after we agreed on $39.29.

 

He wanted me to send him a copy of a check to pay, but I paid through PayPal because something didn't seem right and I knew I could dispute with Paypal if something went wrong. I, then Googled "PSSLAC" and then the true "YELP" rating revealed what I feared. This guy is nothing, but a SCAM Artist. He takes a job, never does the service and sends you a fraudulent Proof of Service document "in the mail"...if he even sends one. On Monday I asked if he could email me a copy of the Proof and Declaration of Due Diligence. He told me that he couldn't email me a copy of the Proof of Service because it was in the mail. I got his fraudulent document just in the nick of time on the following Wednesday. The guy was such and idiot that he wrote 11/03/2015 as the date of service on the Proof of Service when he mailed the bogus Proof to me via Certified Mail on 11/02/2015. Can you believe that?! He almost cost me my case. Luckily, I was able to get on Yelp that same day on Wednesday and request a Rush service through Process Server Express for $85 and Jack was able to make the 3 attempts on Thursday, Friday and Monday and get the Proof of Service and Declaration of Due Diligence to me via email on Monday afternoon. That guy was a life saver and I recommend anyone to use him. $55 for Regular Service and $85 for Rush.

 

I just wanted to write this as a lesson for people who might not realize how IMPORTANT it is to have a legitimate, reputable Process Server perform the service for you. Trusting a cheap price and a "4.3 star" Google rating almost cost me 11K!!

 

2) I knew that my particular judge was a stickler on CCP 1271 in a previous case because when I went to the Court on that Monday afternoon to file my Proof of Service and Declaration of Due Diligence, I went by room where my trial was to be held. I wanted to make sure I knew exactly where it was so that I would be looking for it the following morning. I saw a paper on the door with my case information and it had the judge listed for my trial. I took a pic of it with my camera phone and when I got home I googled the judges name and "in pro per" and a few other key words. Some how it directed me to this site:

 

http://www.therobingroom.com/california/Judge.aspx?id=2797

 

I was able to look at a review of one case that he presided on and it immediately gave me relief. I am not sure if every judge has a rating, but my judge sure did and I knew exactly how to attack all of their bogus evidence because I knew they could not bring a witness from the OC since none were listed in the response to my CCP 96.

 

I know that was a long post, but I hope that helps people deciding on what Process Server to select by not making the same mistake I made and, also, by trying to do some type of research on the judge in your case so that you can be prepared for how to use him/her to your advantage.

 

Cheers!

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Thank you for the feed back and congratulation again on your win!!!

 

what a scumbag. he he land on jail some time!

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Nevermind what the clerk told you about not being able to recoup costs. The state of CA sets the rules, not cranky clerks ;-)

 

I had to go back and forth a few times with my clerks to figure things out and they were all nice! They simply weren't familiar with what I wanted to do or the code regarding costs, so it took a few visits.

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Thanks sadinca, 1stStep and RyanEX!

 

It's great to have this behind me and to know exactly what to do in case it happens again! It does no good to put your head in the sand and hope it goes away only to make matters worse than they originally were.  It, also, does no good to hire some 2-bit attorney who is only going to try to work with the other attorneys to work on a "reasonable" settlement. All of the information is here. IF YE SEEK...YE SHALL FIND! ::punk::

 

FYI...I never even filed and mailed H&H an Objection to the Declaration of Maria Marin, the Declaration in Support of, nor the Trial Brief. I guess the Subpoena was all I needed...and maybe the M&C letter helped a bit, too...ha ha!

 

I will go down to the court on Monday and Tuesday to file the MC-010. Is the MC-011 needed to, and do I need to attach any proof (i.e. receipts of charges)?

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Generally they have 10 or 15 days to file a Motion to Tax (where they dispute).

 

Most of the time they don't - then you have to apply for the MC-010 to be turned into a judgment.

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I WON my case with H&H/Portfolio. It went to trial, I was put on the stand, but I won a Judgment against them.

All was hearsay, so Judge was in favor of defendant (me). 

 

I filled out form MC-010 for my cost, Faxed it (saves footwork) to the court and mailed it to

Hunt & Henriques.

Hunt mailed me a check within 10 days for the full amount I asked for!? Later, weeks later, I

received in mail a copy of form MC-010 from the Judge. She had reduced the amount due

to me , she did not approve my mileage of about 80.00. SO Hunt paid the Full amount I

asked for , without waiting for the Judge to decided the amount allowed.

SOOO sent it out now, your cost.

I never have seen or heard anything form HUNT about this..so my win again!!

 

This site is great, so glad I ran across it, they save me about 15,000.00 dollars, so happy.

 

CONGRAT'S TO YOU!!

 

FYI to ALL; Don't give all your information on here. HUNT/Donald Sherrill told me about three times

  he followed my thread and reads others, good to know.

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Thanks H8!  Sorry for the delayed response.

 

Hey, jrome1228!  No problem.  I'm just seeing your reply now.  Life gets crazy for all of us sometimes.

 

This clerk lady is is one nasty...you know what! She's even like that in person. Actually, they are all like that in person.

 

I concur.  My experience with numerous clerks I dealt with on my first case was that all of them were incompetent, nasty, bi@tches.  Of course, I have exactly the same experience with medical office staff.  Hope you stuck it to H&H and got your costs back.

 

 

As for your questions:

 

1) I dropped the CCP 96 in the mail on Day 41. After that I sent in my M&C Letter on Day 15 and started the Subpoena service that day.

 

Would that be the M&C Letter regarding the Evidence & Witness List we discussed?  Sorry to hear about all of the problems you had with the process server.  I had to pretty much keep my boot on the neck of the one I used last too.  I'll look into Jack at Process Server Express.  Sounds like he really saved the day!

 

 

2) I knew that my particular judge was a stickler on CCP 1271 in a previous case because when I went to the Court on that Monday afternoon to file my Proof of Service and Declaration of Due Diligence, I went by room where my trial was to be held. I wanted to make sure I knew exactly where it was so that I would be looking for it the following morning. I saw a paper on the door with my case information and it had the judge listed for my trial. I took a pic of it with my camera phone and when I got home I googled the judges name and "in pro per" and a few other key words. Some how it directed me to this site:

 

http://www.therobingroom.com/california/Judge.aspx?id=2797

 

That's an interesting site.  Didn't know it existed.  Oddly, the judge that I was so concerned about in my last case has no entries there, though I know he has quite a reputation for being pro-Plaintiff.  I sure wish there was a way to know ahead of time what judge a Defendant was going to get.  Seems impossible to invoke 170.6 (Peremptory Challenge) the necessary five (5) days before trial, since the court's won't tell a person who will preside until the week of.  Defeats the whole purpose of 170.6.

 

Cheers!

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Hi All,

 

So I filed the MC-010 with the court and they did not file a Motion to Tax within 15 days, nor did they send me payment for my costs. I am not clear what to do next in order to have it converted into a judgement. Can someone help me with the next steps?

 

Thanks!

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