For Law educator Esq. ONLY.
WHEN THE PLAINTIFF FILLED THE MOTIONS THAT I AM APPEALING, I FILED OBJECTION MOTION TO THE MOTIONS. WE WENT FIRST FOR THE PLAINTIFF's ARGUMENT AFTER THAT I FILED A MOTION FOR THE COURT TO ALLOW ARGUMENT ON MY OBJECTION MOTION AND IT WAS GRANTED, BUT WHEN IT WAS PUT ON CALENDAR, IT WAS PUT AS THE PLAINTIFF's MOTION. BECAUSE IT WAS TOO CLOSE TO THE TIME FOR ARGUMENT, I WENT TO THE COURT TO LET THE CLERK KNOW THAT I ASKED FOR ARGUMENT FOR MY OBJECTION AND NOT FOR THE PLAINTIFF's MOTIONS. THE CLERK TOLD ME THAT IT DID NOT MATTER WHETHER THE PLAINTIFF's motion is showing on calendar or mine. But on the argument day, the plaintiff did not allow me to go ahead with my argument saying that I already had opportunity to argue at the first argument, that after-all we were in court for his motion. Immediately I mentioned the fraud issue the attorney objected, saying that it was defamation, then the judge stated that she did not want me to read that on record, the Judge then asked me to file all the questions and argument that I prepared for court that she will go through them for judgment. There were new evidences of fraud and violation of FDCPA
that are certain, that I discovered before that argument. The plaintiff and his attorney added a new page of thousands of dollars to the invoices with the entries picked up from other pages word for word, same dates, same work descriptions, same amount same people that did the work, just to fill the new page and those entries were still left at their original pages. This was done right before the trial to create a new invoice to deceive the court that the invoices were given separately and to make up the total that didn't add up on the fabricated invoices. But I filed the original invoice during the pre-trial which proves that the document was tampered with and recreated for trial. The invoice that they gave first was full of false entries too. I never had the chance to ask question about all the new discoveries, but the Judge asked me to give copies of the exhibits and questions with the violations to the plaintiff's attorney to view and asked him to object to whatever he did not agree with, he went through it and said he had no objection and I filed all the documents. The judge never mentioned that new discovering and the attorney's violations that was never in the first appeal. She gave her judgment that after viewing all the fillings that I was arguing the same argument that was already on the other appeal. There was never a separate judgment for my objection.
My questions are (1) is it normal that the approved argument on my objection was on Calendar as the plaintiff motion (2) was it okay that the judge said that I was already given the chance at the plaintiff earlier argument and refused to let me argue my case during the argument awarded me for my objection? (3) is it okay that the judge asked me to file my prepared rough work, the questions and exhibits that I prepared for court. (4) is it normal that judgment was never render on my objection motion. I want to know these so that I know what to keep out of my brief.
I am sorry that this is a whole lot and the capital
letters and all, it has been a long day. ( this is the regular with second appeal)