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  1. I just had a case management conference the other day and the case was set for trial (six months from now). This doesn't mean that discovery is closed, does it? I can still file motions, can't I? This is in California, by the way. The defense had filed some Affirmative Defenses in their answer and although I didn't demur within the proper timeframe, I still want to file a Motion to Strike for most of the Affirmative Defenses. Is it too late for this now? I wasn't able to take depositions (because I cannot afford them) and asked the judge if I would be allowed to present affidavits at trial. He said he couldn't give me legal advise and for me to talk to a lawyer. That confused me because I thought I was just asking a courtroom procedure question. The defense lawyer wants a copy of my affidavits. Do I have to give him copies? Also the defense attorney said that discovery mostly consists of the plaintiff getting their evidence together and then sharing it with the defense. I was unaware of that, I thought BOTH sides did their own discovery.
  2. Howdy. California here. A judge in a case ordered a meet & confer to discuss alternative dispute resolution possibilities. The other side informed me in a one-sided email, to consider that email as having fulfilled the meet & confer order. I know that a meet & confer specifically has to take place over the phone or else in person. Next, there needs to be some discussion and therefore an answer prepared to give back to the judge. There is a motion to strike in with the court, and the other party's attorney told me in the one-sided email that until that hearing is over, they don't see any purpose in discussing adr because it might not even get to that. I feel that not only is this contempt of court, but it is very frustrating. In case they don't win the motion to strike then the case will move on, and then we should be prepared to have the adr information ready for the judge. It's not hard to come to a decision about stipulating to what type of adr is acceptable. I would like to file for sanctions against my opponent. How does this work? Do I get money if I win? All I know about sanctions is that it is a monetary penalty that gets paid to the court--possibly and/or the prevailing party. Can you fill me in any more on the process?
  3. Hello, this is in the state of California. Pursuant to Cal. Evd. Code, sections copied below, I am curious on if polygraph results would be allowed as evidence in a civil case by the plaintiff who wants to substantiate her allegations as set forth in the case? 351. Except as otherwise provided by statute, all relevant evidence is admissible. 351.1. (a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results. ( Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible.
  4. I guess because I am a retard. This is just getting to be way too much to handle. I can't afford an attorney. I found one that will take the case, but not on contingency. I had a lawyer, but the defendant after he learned I was going to file the lawsuit, got a restraining order against me. How did he get it if I did nothing violent? An ex-boyfriend got one against me back in 2004 and although I did nothing volent to the defendant at all, (and nothing violent to the ex-boyfriend--how is that? I even got a transcript of the hearing, I thought the judge was issuing another MUTUAL restraining order, because it was worded that way. Turns out when he said he was going to issue another restraining order, he just meant against me. In black and white even, it is clear why I misunderstood--) and lived two hours away from him, due to the fact that I had a R.O. against me in the past, it was granted. So when a roommate went to serve process on the defendant, I went with her to show her where to serve papers. We parked way up the road, and I waited in her car, never breaking the R.O. When the roommate went to the front door and knocked, the defendant let his two dogs out a side door, and they bit her on her ankle. She comes back to the car, tells me to call 911, so I did. The cops come up, get our story, go to the defendant's house, he tells them he has a R.O. and I was on his property. They believe hm, and come back and arrest me. The next day, his lawyer writes a letter to my lawyer and tells my attorney I was intoxicated, broke a window attempting to break into the residence, was armed with a shotgun, my accomplice was taken away by ambulance, and I was arrested. The only true part of that story was that I was arrested. The day after my lawyer gets the letter from his lawyer, my lawyer withdraws from the case. That is why I can't, or "won;t, or don't" have a lawyer. I want one, need one, and will probably lose since I don't have one. It's not fair. Never mind on the rest. I'm screwed with no representation, and it's a $3.5 million case too. I'm going to go cry now.
  5. Glad you won in court. Kudos to you!! Score for the Underdog.
  6. Okay. No problem. I understand. I was hogging you guys. My apologies. Looks like I'm on my own. Happy Holidays to All, and I appreciate the wonderful help which you were able to give me.
  7. Just had an update for you, and then I will leave you alone for awhile...LOL. Yes, when I went to the Clerk's office yesterday to file my Notice of Intent to Appear by Telephone for the Case Management Conference on 12/6, I had just amended my most recent Case Management Statement, and just added under the OTHER ISSUES section that I would like to request that Second Amended Complaint get striken. So at least this issue will get addressed next week. The Clerk also said that the Demurrer will probably get vacated. Then, I will pursue the Entry of Default Judgment that I had filed, but good thing I had a copy of the Request for Entry of Default which was filed, because Lo and Behold! Those documents weren't in the Court's file...the Clerk had to ask me for a copy of my filed set!! It's moving on. I can't thank you enough!! All of you. Happy Holidays!!
  8. This is in the state of California. I am hoping to file a Motion in Limine to Exclude Testimony about Plaintiff's (mine) "Alleged" Reputation, which I have prepared. I also would like to exclude testimony in regards to a restraining order that the defendant has against me. (That is a separate issue...it may raise questions with you about why it was granted, etc. but trust me, I won't get into details unless you ask, then I will answer... but the defendant only got it to interfere with my lawsuit. ) In any case, in a declaration submitted recently by the defendant in my case, he is attaching documentation from our other domestic violence restraining order case, and this has nothing to do with my civil lawsuit against him, so I want to motion that it be excluded from testimony. Questions: 1) Can I ask for both topics to be excluded from testimony in the same motion? Or do I need to prepare one motion for excluding testimony about a reputation, and a second motion for excluding testimony about the restraining order? 2) I just want to clarify that when I file a motion, what needs to accompany it is a) Notice of Motion which tells when the hearing will be; the Motion itself (what I am asking for); c) Points and Authorities in Support of Motion (citations, statutes, etc.); and d) a Declaration (if applicable). I hope I have it right. Also, I would like to know in Question #2 if all a) - d) items are mandatory or not. Thank you!
  9. Okay. I guess they can afford a lot of runners. ) Another question on this same topic has arisen. (Tell me if you've had enough.) In regards to the comments about that the Court will most likely strike the SAC at the next Case Management Conference (see pg 1067's Reply #10), I am wondering if I can file some sort of a Request to Strike the SAC, or better yet, Request to Vacate it? Wouldn't it look better if I request to vacate it, rather than the Judge striking it on his own? I know there are probably going to be sanctions involved. I hope not. Sorry, I am getting scattered. I am a little nervous as I am going to Court tomorrow to file a lot of items. I want to be sure everything is there that needs to be.
  10. Oh. I thought maybe persons from those court TV shows were able to see and read the small claims filings somehow via computer at the television studios. The reason being, that I was on Judge Judy one time and neither I nor the other party had contacted the show. Since the producer already had all the details within a week of the filing and made contact with us, I assumed they somehow had some sort of access. When the producer called me, she already knew everything that had been written in the complaint. I've just proved myself guilty of making a mistaken assumption. Well, that definitely leaves room for improvement. By the way, the link to the California Civil Jury Instructions was a wonderful tool that I was glad to receive. Very helpful and informative. With thanks...
  11. Well, one or two more things. pg1067. I actually had forgot it was a holiday weekend by the time I was in the midst of it. Seems like I am eating, sleeping, and dreaming this case. It could turn into a nightmare. I will review. I will see CCP 1005. I will work on my opposition to the demurrer. And what am I, if not the Plaintiff? Lol. I am the Plaintiff, just not a Plaintiff suing as Successor Trustee of the Ursula G. Trinks Trust (as the Defendant's attorney called me in his demurrer heading.) If you want to see the details of the case (I don't know if you folks can gain access to the court's computer files or not... unnecessary to confirm or deny that one. All I know is if the Judge Judy Show can do it, perhaps you can too) the case is filed as McCluskey vs. Trinks SCV-251847 in Sonoma County, California; Unlimited Jurisdiction. Originally filed on 6-15-12. With humble thanks.
  12. Omg! Thank you SO MUCH for all your answers. You can't begin to know HOW MUCH this truly helps me. Thank you, thank you, thank you, thank you! You are awesome.
  13. Still looking for a reply to this one, if you please. We can skip questions 1-3, but how about answering #4 and #5? Pretty please?
  14. Thank you for your answers and the link. It was very helpful, as was the CCP reference. I will use that in my opposition reply. I guess I don't have to worry too much, because if this is the case, then I did plead with particularity. I had looked up each element of fraud, and demonstrated each of the elements in my cause of action in the complaint. I can't wait to find out what the judge has to say to this guy for wasting everyone's time!
  15. Thank you so very much, as always! I appreciate your time and the fact that there is some decent legal help available easily and quickly.
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