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Judgement awarded in California


RG55
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Hello

Help!!!

I had my MTC today 12-20-22 and I didnt even get to say anything because the court found that I failed to file an answer to plaintiffs complaint, Plaintiff therefore entered judgement via default on Oct 23, 2022.  I filed a MTC instead of an answer will within my 30 days back in August 2022.  The paperwork I received from the court today says the only motion the court may entertain once default judgement has been entered is a motion to vacate or set aside said default judgement.

I need some help on what I should do now. 

Can i appeal?

Thank you Rhonda 

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2 hours ago, Rhonda Godbey said:

Hello

Help!!!

I had my MTC today 12-20-22 and I didnt even get to say anything because the court found that I failed to file an answer to plaintiffs complaint, Plaintiff therefore entered judgement via default on Oct 23, 2022.  I filed a MTC instead of an answer will within my 30 days back in August 2022.  The paperwork I received from the court today says the only motion the court may entertain once default judgement has been entered is a motion to vacate or set aside said default judgement.

I need some help on what I should do now. 

Can i appeal?

Thank you Rhonda 

I would file a motion to vacate.  According to CCP § 1281.7:

1281.7.  A petition pursuant to Section 1281.2 may be filed in lieu of filing an answer to a complaint. The petitioning defendant shall have 15 days after any denial of the petition to plead to the complaint.

Here is all of § 1281.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=9.&part=3.&chapter=2.&article=

Maybe @magali can help.

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  • 2 months later...

I'm back with some good news, I filed a motion to vacate and today was my tenative ruling and my motion to vacate was granted yay!!! I do have another question if someone could help on the tenative ruling wording it says "In the interest of justice, Defendant’s motion is hereby GRANTED. The Court hereby sets aside the default and default judgment entered herein. Defendant is granted leave to file an answer to the Complaint or refile her Motion to Compel Arbitration. Defendant shall file her responsive pleading within fourteen (14) days of the date of this decision.

Do I need to refile my motion to compel arbitration?

thank you so much 

rhonda

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1 hour ago, Rhonda Godbey said:

I'm back with some good news, I filed a motion to vacate and today was my tenative ruling and my motion to vacate was granted yay!!! I do have another question if someone could help on the tenative ruling wording it says "In the interest of justice, Defendant’s motion is hereby GRANTED. The Court hereby sets aside the default and default judgment entered herein. Defendant is granted leave to file an answer to the Complaint or refile her Motion to Compel Arbitration. Defendant shall file her responsive pleading within fourteen (14) days of the date of this decision.

Do I need to refile my motion to compel arbitration?

thank you so much 

rhonda

Yes

 

The ruling specifically says “refile”

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16 hours ago, Rhonda Godbey said:

Do I need to refile my motion to compel arbitration?

YES.  File both, the answer and the MTC.  The entire legal premise of a motion to vacate is that you would have defended the case had you been properly served.  The court has vacated the judgment to afford you your legal rights to defend the case and now you have to do that.  The court's thinking is if you weren't going to defend it then you didn't need to vacate the judgment either.

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On the ruling it said the court finds defendants motion to compel arbitration constituted a valid answer to plaintiffs complaint according to code of civil procedure section 1281.7

I guess where I'm having confusion is in this statement "Defendant is granted leave to file an answer to the Complaint or refile her Motion to Compel Arbitration."

what does granted leave to file an answer mean? 

I dont want to give out much information, would it be safe to just refile my motion to compel arbitration? And not file an answer also?

Thank you

Rhonda

 

 

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2 hours ago, Rhonda Godbey said:

On the ruling it said the court finds defendants motion to compel arbitration constituted a valid answer to plaintiffs complaint according to code of civil procedure section 1281.7

I guess where I'm having confusion is in this statement "Defendant is granted leave to file an answer to the Complaint or refile her Motion to Compel Arbitration."

what does granted leave to file an answer mean? 

I dont want to give out much information, would it be safe to just refile my motion to compel arbitration? And not file an answer also?

Thank you

Rhonda

 

 

It clear to me Judge is giving you an opportunity to change your response if you wish to do so.  If you find that what you would rather change course and file answer or refile a MTC with changes such as to include anything missing in original filing, such as the Contract,  Memorandum of Points.  Maybe the Judge is hinting they would like to see more in the MTC.  

SInce judge noted according to civil procedure section 1281.7 a MTC is a valid answer .  I don't think you have to file an answer and a MTC, but do so anyway since that's how you got the default judgement in the first place.

I would check with court and see if you can use the fee you originally paid since it was the court's error which requires you to refile.  

 

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  • 1 month later...

Hello everyone,

I have an update. I re-filed my MTC along with an answer and have a hearing date set for April 27, 2023.  I have a few questions hopefully someone can help me with

1.  On all paperwork (MTC, Answer, Motion to vacate) I have put my PO Box as my mailing address, and Mandarich continues to send paperwork to my physical address, which I dont get mail at my physical address as i dont have a mailbox.  Sometimes the mailman will leave mail addressed to my physical address with a neighbor.

2.  My neighbor just brought me an envelope from Mandarich that contained a packet of papers (request for admissions, request for production, special interrogatories) dated April 6, 2023. I plan on objecting to all since I have pending MTC.

3. In california i have 35 days to respond from the date they mailed the packet, so if it was mailed on 4-6-23, I have until May 11, 2023 to respond?

4. My hearing for the MTC is on April 27,2023.  If that gets approved would I need to still file my objected answers to the request for admissions, production and special interrogatories?

What would have happened if I never received the packet from my neighbor because they keep sending papers to my physical address, ugghhh

I'm hoping all this helps other people. It's been one thing after another lol. 

Thank you for taking the time to help me, I greatly appreciate everyone's help 

Rhonda

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5 hours ago, Rhonda Godbey said:

1.  On all paperwork (MTC, Answer, Motion to vacate) I have put my PO Box as my mailing address, and Mandarich continues to send paperwork to my physical address, which I dont get mail at my physical address as i dont have a mailbox.  Sometimes the mailman will leave mail addressed to my physical address with a neighbor.

Did you file a change of address with court. If the complaint has you physical address then that is correct address for Mandarich  to send paperwork to.  

1. file a change of address with US post office forwarding mail to your P.O. Box.

2. File a change of address with the court from physical address to you P.O. Box.

5 hours ago, Rhonda Godbey said:

2.  My neighbor just brought me an envelope from Mandarich that contained a packet of papers (request for admissions, request for production, special interrogatories) dated April 6, 2023. I plan on objecting to all since I have pending MTC.

Nice neighbor but don't count on them as they may take vacation. 

 

5 hours ago, Rhonda Godbey said:

4. My hearing for the MTC is on April 27,2023.  If that gets approved would I need to still file my objected answers to the request for admissions, production and special interrogatories?

No case is STAYED pauses you would answer request for admissions, production and special interrogatories in Arbitration if they follow into Arbitration. 

 

5 hours ago, Rhonda Godbey said:

What would have happened if I never received the packet from my neighbor because they keep sending papers to my physical address, ugghhh

You might have found out at hearing on 4/27/2023 or might not have but if MTC was awarded would not have made a difference. 

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  • 3 weeks later...

@Bulldoger @Clydesmom @BV80 @BackFromTheDebt Thank you everyone who has and continues to help me, I am very much appreciated of your help.  Here's an update.

I finally got my MTC granted.  Yay!!!! My hearing for the MTC was April 27, 2023.  Here in California, we have a tentative ruling date which is the day before (I found that out the hard way) So on April 26, 2023 the court had a tentative ruling of "granted" for my MTC.  As long as the tentative ruling is satisfactory, I don't need to appear at the scheduled time.  No complaints here, so I didn't go.  However, I guess the appointed Lawyers for LVNV hired an injury lawyer in my town to attend the April 27 hearing??? What the heck.....  The court had to clarify with counsel regarding the Motion to Set Aside Default granted on Feb 23, 2023 and Answer filed.  The Court confirms with Counsel a hearing was not requested on the matter and no opposition to the motion filed.  There being no hearing requested the court hereby confirms it's tentative ruling as Defendants Motion to Compel Arbitration - GRANTED :)

The paperwork also states it is hereby further ordered:

1. The court trial currently set on September 13, 2023 is vacated

2.  Matter is set for Court's Motion to Dismiss hearing on October 26, 2023 at 8:30am in Dept 24 for Tracking Purposes

My question now is, when should I file the Arbitration paperwork?  There was no set time on the court paperwork that I had to have it done by unless it's by October 26?

 

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California is a little different from other states for JAMS, in that if your income is below a certain level you pay no fees instead of $250.  
 

At this point what I used to do would be to file with JAMS but not pay any fees at first.  Then I would negotiate with the creditor’s attorney. I filed in JAMS 4 turns for 5 cases. In one filing for 2 cases, Citi, we reached a settlement before any fees were paid. Cap 1 (which no longer has arbitration) just walked away from arbitration and the case was eventually dismissed.  Discover and AmEx paid the fees and went deep into arbitration before settling. 
 

Looking at the thread I can’t tell who the OC was and whether this was the OC or a JDB who sued.  

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10 hours ago, Rhonda Godbey said:

I was also wondering if the JDB followed into arbitration, during discovery could I send them a bill of particulars?

Well, not knowing which JDB this is, I can’t tell you if they are likely to follow into arbitration.  If it’s PRA probably yes. If not, probably no. 
 

If you have evidence that supports your case of course you want to divulge it during discovery.  You very likely have to.   I had a case where I had a clear smoking gun showing wrongdoing by an OC that almost always follows arb to the bitter end.  As soon as I sent the evidence during discovery, their attorney wanted to settle ASAP for exactly the terms I had requested in the beginning.  That saved both of us the time and trouble of a hearing. 

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2 hours ago, Rhonda Godbey said:

Good morning @BackFromTheDebt the JDB is LVNV. I was just wondering if I should file for arbitration ASAP or wait since there was no clear date on the court order as when to file by 

You can wait if your wanting to settle (this is a reasonable reason to delay if your actively communicating with LVNV attorney to settle) 

You can offer the $250 JAMS fee or $200 AAA fee to start and then wait for counter offer. As long as you are going back and forth with offers there is no reason to file. 

 

 

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2 hours ago, Bulldoger said:

You can wait if your wanting to settle (this is a reasonable reason to delay if your actively communicating with LVNV attorney to settle) 

You can offer the $250 JAMS fee or $200 AAA fee to start and then wait for counter offer. As long as you are going back and forth with offers there is no reason to file. 

 

 

Good plan, but sometimes they ignore you. 
 

If that happens, file in JAMS, send them a copy, but don’t pay the fee yet.  Try to negotiate again. 
 

If they still ghost you or you can’t get a settlement, pay the fee.  That way by the time the Fall hearing comes around you will have filed and paid the fee.  
 

If they don’t pay the fee, JAMS will eventually close the case due to lack of payment 

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1 minute ago, BackFromTheDebt said:

Good plan, but sometimes they ignore you. 

Do settlement offer over email and end email with response required by ### date (two  weeks later) if response not received by ### I will assume declined and will proceed with arbitration as ordered by court. Or something to that effect. 

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  • 1 month later...

Hi Everyone,  I have an update on my situation and need some advice.  I sent an offer over email and got ghosted, just like @BackFromTheDebt said they would.  So I filed for Arbitration with AAA on May 16, 2023, which was court ordered.  I was granted my motion to compel arbitration.  On June 7, I received a notice from AAA that I initiated a claim and that I needed to pay before proceeding.  I paid online on June 7, 2023.  AAA is waiting for LVNV to pay their part and they have until July 7, 2023.  Today, June 24, 2023 I received in the mail from LVNV a request for dismissal that was sent to the court.  Requesting dismissal without prejudice, entire action of all parties and all causes of action.  Can LVNV submit a request for dismissal to the court? technically it's out of the court and in arbitration now.  I'm assuming LVNV is not going to pay the arbitration fee before July 7.  

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1 hour ago, Rhonda Godbey said:

Can LVNV submit a request for dismissal to the court?

Yes, if you don't have any counterclaims.

They can still pay the JAMS fees and handle case in arbitration.  

At this point justwait and see if LVNV pays JAMS fees. 

If they don't JAMS will close case. 

I too think they will not be paying fees. There s a chance they close CA case since case is in Arbtration . 

you now ghost them and wait to see if they pay or not. 

 

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