Chills22

Court in 3 Weeks- Need Help- Me vs. Cach LLC (California)

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I need help. I sent the letter to opposing counsel letting them know I would be objecting to any witnesses they intended to call on March 9th. I received a letter from them today.

The letter says they have been unable to reach me by phone to discuss the trial but want to meet and confer about a possible settlement (might be true because I don't answer calls from numbers I don't know but I haven't gotten any voicemails). 

It also asks if I would be agreeable to continuing the trial to a date on or after April 12th. They state that their witness for this case (they list a name) is unavailable due to a medical travel restriction. They see to see an attached letter from her surgeon; however, there is no letter attached. (Reminder I did not receive any witness list. They just said they would be calling their "Person Most Knowledgeable. The letter I sent them said I would be objecting to any witnesses because I was not provided with names and addresses.) 

They also provide a stipulation for me to sign and requested that I do it before March 22 and mail (they provided a pre-paid envelope) it to them or email it to them (they provided an email address). The stipulation does say that pre-trial deadlines will not re-set.

 

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I would say "No"

 

Instead I would state "if Plaintiff is not ready for trial, perhaps a dismissal is in order..."

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48 minutes ago, 1stStep said:

I would say "No"

 

Instead I would state "if Plaintiff is not ready for trial, perhaps a dismissal is in order..."

I don't think they have followed the law to be able to call a witness which is why I want to object. I am wondering if this is a way they are trying to get around that. I am just not sure what the judge thinks about issues like this if I do not work with the opposing counsel? 

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It seems they are trying to get you to agree to the delay in order to round someone up...

 

I would fax a letter to them and remind them of the need to name a witness and if they cannot, then perhaps they should dismiss because they cannot comply with the code.

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Also the witness they have stated they want to call is not the person on the affidavit. So I don't know who this person is. Probably one of their employees. 

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They failed to name a witness on the CCP 96 response, they gave up their right to call one when they did so. Naming someone after the fact, then saying that person has a medical issue is ridiculous, IMO - and it shouldn't matter since they weren't named in the CCP 96 response anyway. I'd tell them to pound sand.

Regarding continuances...

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

Quote

 

Rule 3.1332. Motion or application for continuance of trial

(a) Trial dates are firm

To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.

(b) Motion or application

A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.

 

I believe the reference to "the rules of chapter 4" refers to "Chapter 4. Ex Parte Applications" in this index http://www.courts.ca.gov/cms/rules/index.cfm?title=three

If a party needs a continuance they should have a very legit reason (very rare circumstance, something that couldn't be avoided) when asking for one. A medical issue with a witness that they should not be able to bring anyway, due to their CCP 96 failure, is not a good reason.

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9 hours ago, RyanEX said:

They failed to name a witness on the CCP 96 response, they gave up their right to call one when they did so. Naming someone after the fact, then saying that person has a medical issue is ridiculous, IMO - and it shouldn't matter since they weren't named in the CCP 96 response anyway. I'd tell them to pound sand.

Regarding continuances...

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

I believe the reference to "the rules of chapter 4" refers to "Chapter 4. Ex Parte Applications" in this index http://www.courts.ca.gov/cms/rules/index.cfm?title=three

If a party needs a continuance they should have a very legit reason (very rare circumstance, something that couldn't be avoided) when asking for one. A medical issue with a witness that they should not be able to bring anyway, due to their CCP 96 failure, is not a good reason.

Agree 1000%

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So should I email the attorney and let them know that I sent them a letter objecting to any witness they intended to call and I will be filing a motion in limine regarding their affidavit since the person wasn't provided on a witness list and it wasn't signed under penalty of perjury so I would be open to settling with a dismissal? 

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I sent an email today letting them know again I objected to any witnesses and would be filing a motion requesting an order about the affidavit. I told them if they agreed to a dismissal I would not attempt to get my court fees back. They haven't responded yet. 

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I just received this response to my email. Thank you everyone so much for your help!!! 

Thank you for contacting our office regarding this case.  My client will accept your offer to settle with a dismissal with prejudice and each party agreeing to bear its own costs and fees.  Attached is a copy of the dismissal that will be filed with the court.

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congratulation!!! awesome job!!!

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