h8spleadingpaper

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Very good H8. Notice how it says a declaration AND testimony from a witness of an assignee can't lay a foundation.  So if the witness yout subpoena is from the bottom feeder and not the OC,  they can't lay a foundation.  This case law is a good example for your case. 

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@Anon Amos

So, do I use the incompetent witness objection (Sierra v. Hale) when Plaintiff’s council first attempts to call this witness, or only after my cross exam?  Thanks.

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As soon as he calls the witness, as soon as you hear the witness name "your honor I object to this witness being called as he is incompetent" . "He cannot possibly authenticate or lay a foundation for records of OC, as he is not employed there, and they are hearsay and do not meet a business records exception" . 'there is caselaw that supports this as well (Sierra v Hale).

 

If the judge overrules your objection, then the witness will simply take the stand and attempt to lay a foundation for documents (that you will object to as each document is introduced by the lawyer). Then you will cross examine the witness. When you finish with that; you will ask the judge that witness be impeached and all testimony be stricken from the record.

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54 minutes ago, Anon Amos said:

As soon as he calls the witness, as soon as you hear the witness name "your honor I object to this witness being called as he is incompetent" . "He cannot possibly authenticate or lay a foundation for records of OC, as he is not employed there, and they are hearsay and do not meet a business records exception" . 'there is caselaw that supports this as well (Sierra v Hale).

 

If the judge overrules your objection, then the witness will simply take the stand and attempt to lay a foundation for documents (that you will object to as each document is introduced by the lawyer). Then you will cross examine the witness. When you finish with that; you will ask the judge that witness be impeached and all testimony be stricken from the record.

Makes sense.  I’ll give it a shot.  BTW, for anyone else looking for the full case citation, it’s:  

(Sierra Managed Asset Plan, LLC v David C. Hale 240 Cal. App. 4th Supp. 1; 193 Cal. Rptr. 3d 265; 2015 Cal. App. LEXIS 816).

 

If it doesn’t help me, maybe it will still help another.  And sometimes, that’s just what it’s all about at the end of the day. :-)

 

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For those who followed this thread, sorry I’ve been away for a while.

Quick update:  After taking the case under submission, the Judge ruled in my favor and I eventually recovered costs for the process server.  It was a tough fight and it really didn’t look good during the Trial.  In the end, I think that asking the Judge for a Statement of Decision and following up with a Post Trial Brief were what saved the day.   Thanks so much to all, especially calawyer, without whom I couldn’t possibly have pulled out the win on this one.    

 

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