gradys

Sued by Cavalry SPV I, LLC in California

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Yes, it is. What type of documents did they provide you in the initial Summons or Request for Documents? If it is the same documents that they provided me they may not have the necessary documents per the Fair Debt Buying Practices [1788.50 - 1788.64].  Not sure if you have looked at it but they do have requirements that they have to follow. Here is the link:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.6C.5.&part=4.&chapter=&article=

 

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On ‎11‎/‎8‎/‎2017 at 9:08 AM, gradys said:

@calawyer  I pm'ed you my rough draft trial brief.  Any advice is greatly appreciated.

Can you send again.  I didn't get the pm.

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@USCTROY1 I had my Trial readiness conference on Thursday.  The rent-a-lawyer asked me if there was any chance for settling, I said no.

A few words from the judge ans that was it.  Getting ready for war on Friday.   

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Surprise, surprise, surprise.

Calvary filed an "Ex Parte Application to Continue Trial" on your case.

"Ex Parte" as in they are trying to catch you with your pants down.  And gambling that you will not see their notice (which they did not send to you).  They too hope that you will not show up for the hearing which would not be good for you.

This is white flag weakness on their part as it is apparent their case is falling apart.  And they do not want a loss on their record.

You will win this if you demand your day in court as scheduled.  How you had to take time off from work etc.  They sued you and knew about this date for ___ months.

But that hearing is tomorrow, make sure you attend and strongly consider objecting to their request for a continuance.  I am not a lawyer, but I had games like this played on me in my case and I won.  Also I would ask for a dismissal with prejudice.

Emphasize "with prejudice".  You might not get it, but you have to ask.

If you do secure a dismissal with prejudice, then game over for them.

Happy Hunting!

 

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26 minutes ago, sadinca said:

as mentioned above, object to any request for a continuance. trials dates are firm and only grounds for continuance are illness, death or other excusable circumstances, among other few exceptions. 

http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1332

 

 

@gradys, print this out and take with you.

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Just got done with Ex parte for continuance.  I objected, the judge didn't seem to care.  They wanted 2 months and got a 2 week continuance.  New trial date Dec 8th.  I guess showing up kind of worked out.  The judge is definitely not Defendant friendly.  I'm not sure if they can send a ccp 98 in a 2 week time frame or any other shenanigans.   
Any thoughts?  I'm asking you @calawyer @Seadragon and any else of the California team.  Please advise.   What do I do about a Plaintiff loving Judge?
Thanks.  -gradys

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I am not a lawyer, just someone who was in a similar boat in California.

You are to be applauded for making it this far.

They have flinched and are scrambling to try to arrange a witness or hoping beyond all hope that you will not show up for the trial.  Odds are strong that they will not be able to produce a witness and may wait until day of trial to admit defeat. If they show up with a witness, it will be an employee of their own making as outlined in their documents.

If you are as prepared as I think you are, then you will be fine.

As to the judge, if a trial happens make sure your objections are "on the record".  And any shafting by said judge will be overturned in appeals.  But odds are slim that it will come to that.

Hold the course.

Don't worry about shenanigans that have not happened yet.

All you can do is watch the docket and react quickly when something happens.

I am certain the people here who have gotten you this far will help you when you have something beefy for them to devour.

If you are really anxious, then do what I did and attend a couple of other cases with your assigned judge presiding.  Just look for trials and not just hearings.  In my case, I showed up for two trials.  One lady who made it all the way to the end and presented a good defense with respect to the filings, simply did not show up.  She would have won, because the rent a lawyer had no witnesses that day.

The other case, an elderly gentleman (I felt truly sorry for him) told a sad tale of woe and then proceeded to let the rent a lawyer submit evidence after evidence, all without objection.  He was stone cold silent.  I wanted to yell out to him for what to say, and I could see the judge react sympathetically, but there was nothing he could do.  He had to follow the law.  The man went down in flames and had to pay interest and other such junk charges.  Such a shame.

You are more on the ball than these two.

I think you will be fine.

Happy Hunting.

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I have been following this thread. Amazed how generous and knowledgeable so many of you are.  Also sued by Calvary SPV in CA however it went to default.  Trying to learn all I can about getting it set aside.  The attorney did not file a declaration of venue or verify the complaint.  Never received summons served substitute service where I wasn't living at the time. I understand that without the declaration of venue a motion to dismiss can be filed for being void on its face. CCP 473 (d)  This is really easy to file if that is enough on its own to obtain set aside. Does anyone know if this is discretionary by the judge?  I understand some things make judgments void, and some voidable.  I don't know which this is.  Do any CA people have any experience with this or have ever seen it?

 

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23 hours ago, gradys said:

Just got done with Ex parte for continuance.  I objected, the judge didn't seem to care.  They wanted 2 months and got a 2 week continuance.  New trial date Dec 8th.  I guess showing up kind of worked out.  The judge is definitely not Defendant friendly.  I'm not sure if they can send a ccp 98 in a 2 week time frame or any other shenanigans.   
Any thoughts?  I'm asking you @calawyer @Seadragon and any else of the California team.  Please advise.   What do I do about a Plaintiff loving Judge?
Thanks.  -gradys

A CCP 98 declaration, by code, must be served at least 30 days prior to trial. Your new trial date being less than 30 days, sending you one would go against the code and you'd have a very good objection to it if they tried.

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8 hours ago, Shiela CA said:

I have been following this thread. Amazed how generous and knowledgeable so many of you are.  Also sued by Calvary SPV in CA however it went to default.  Trying to learn all I can about getting it set aside.  The attorney did not file a declaration of venue or verify the complaint.  Never received summons served substitute service where I wasn't living at the time. I understand that without the declaration of venue a motion to dismiss can be filed for being void on its face. CCP 473 (d)  This is really easy to file if that is enough on its own to obtain set aside. Does anyone know if this is discretionary by the judge?  I understand some things make judgments void, and some voidable.  I don't know which this is.  Do any CA people have any experience with this or have ever seen it?

 

This would be a question for @calawyer to answer. however, i would recommend you start your own threat in order to avoid any confusion. 

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Sorry I have been AWOL lately.  I won't bore you with the details.

Lack of service is an excellent ground to seek relief from default.  It is possible, but hard, to do it yourself.  I would really recommend that you speak with an attorney like Ian Chowdhury (http://www.californiacollectiondefense.com/), to see if you could retain him at least for the purpose of getting the default set aside.

 

 

 

 

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On ‎11‎/‎22‎/‎2017 at 10:50 AM, calawyer said:

Sorry I have been AWOL lately.  I won't bore you with the details.

Lack of service is an excellent ground to seek relief from default.  It is possible, but hard, to do it yourself.  I would really recommend that you speak with an attorney like Ian Chowdhury (http://www.californiacollectiondefense.com/), to see if you could retain him at least for the purpose of getting the default set aside.

 

 

 

 

Yeah what he said. I second the Ian call. You definetly need rep now as the courts do not like to undue their tidy schedules

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JDB is trying to add a witness and an affidavit to their part of the Joint Trial readiness report.  The additional witness is Brian Billings.  A trial witness manager from the OC.  
I think this is a scare tactic.  I reminded them of their CCP 96 response and how they will be non-compliant if they add the witness and affidavit to evidence.  No CCP 98 was ever sent.

Any thoughts?  Trial is next Friday Dec 8.

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