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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38344
Experience:  30 years in civil, probate, real estate, elder law
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L was served by mail, a Case Management Statement scheduled

Customer Question

l was served by mail, a Case Management Statement scheduled for May 11,2015. This is in conjunction with a Defamation case filed by xxxx x. xxxx, xx. and xxxx x. xxxx Case No. 30-2014-00763380-CU-DF-CJC at the Orange County Superior Courtt on Dec 29, 2014, a few days after a jury trial convicted the xxxx on both counts of Grand Theft at Case No 0CAO1173 filed by the City of Los Angeles vs xxxx xxxx, xxxx xxxx. The witnesses for the City at that trial were xxxx xxxx, xxxx xxxx, xxxx xxxx, and the investigator for the Dept of Consumer Affairs who footed the bill for the entire case. The xxxx did not have any witnesses. The jurors deliberated in 20 minutes and found the xxxx each guilty of Grand Theft. The xxxx also were fined when they did not show up at the Administrative Hearing case in 2013 filed by the Attorney General vs xxxx xxxx, xxxx xxxx. The victim (xxxx xxxx) paid the xxxx over $110,000 (from an ELOC account) in 2008. The xxxx were unable to deliver a substantial service or product (plans and applications for permits) in return. A Judgment was settled a year after the jury deliberated consisting of 3 Year Probation, Hard Labor Community Service, Anger Management classes both Defendants had to take, and Restitution for the amount taken from the victim, xxxx xxxx. According to the Deputy City Attorney, the xxxx have already defaulted in doing Community Service. Sadly, the Judge or the responsible authority lacks enforcement muscle and the xxxx again are displaying their defiance of the Judgment and a mockery of the Justice system. The Judge sentenced xxxx xxxx to prison when she posted some serious threats to the Deputy City Attorney and the witnesses in the criminal case after the jury deliberated. The Deputy City Attorney filed a Restraining Order for the xxxx to stay away from all parties involved in the case. The Deputy City Attorney was subsequently replaced by the current Deputy City Attorney who took over during the Sentencing part of the case. The Restitution hearing is scheduled for May 8, 2015. The Deputy City Attorney will let me know when l have to appear at the hearing.
The Defamation Case filed by the xxxx against xxxx xxxx, xxxx xxxx and Channing xxxx (xxxx' daughter) after the criminal case was over is a clear case of a frivolous lawsuit that has obviously no merits whatsoever. The defendants have not been served the Summons of Complaint, but now have been served the Case Management Statement only. The xxxx had indicated that they are out of California due to unexpected family emergency but have sent paperwork to the Sheriff for service. We will show up at the Case Management Conference on May 11, 2015, assuming we will be served the Summons of Complaint between now and May 11. The Case Management Statement shows the xxxx intend to appear at the conference by telephone. If that is the case, it would appear that the Restitution hearing scheduled for May 8, 2015 would be moved up again. This is the pattern the xxxx had displayed during the criminal case. They were represented by a series of Public Defenders who did not want to represent them because of their conduct in court and the lies that were rebuked by the witnesses.
Is it OK for me and my daughter to appear at the Case Management Conference without a Defense Attorney to represent us in this Civil case? l do not have financial means to pay a lawyer. If l get a lawyer, l will have a counter lawsuit for anti SLAPP lawsuit filed against the xxxx, which will end up the xxxx being liable to pay for lawyers fees and related court costs. But sadly, the xxxx are bankrupt and destitute. All court fees in all their court filings over the years at both the Orange County and Los Angeles Superior Courts have been waived, which means l will end up paying for my lawyer. l am 68 years old on limited income and do not have any money available to pay for a lawyer. l just hope the Judge at the Case Management Conference will see it fast and clear that this Defamation case is without any merit, of no value, was filed to create financial burden for me, xxxx xxxx and my daughter, who was not a witness at all at the criminal trial, and to try to gain financial gain through the court system, by default or through possible legal errors that may go in their favor. I am sick to my stomach going to court again to face these two convicted criminals. l am still paying the balance on my ELOC account and have already faced the fact that l will not get a penny back from the xxxx. The Restitution hearing is another waste of time and thousands and thousands of dollars gone to waste. The xxxx are collecting entitlements from the Welfare system and has had no income for years, except for the 14 months of me writing checks to them in 2008-2009 for a total of $110,000.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
You really need to file a an answer to their suit.This puts all in dispute and avoids a default judgment.I mean if you fail to respond then if you are late here to court it could be a problem.
Here is self help to file an answer to their suit.
http://www.ehow.com/how_8502432_complete-civil-defamation-character-lawsuit.html
You can also file a demurer against entire complaint arguing that the complaint lacks merit and it clearly does based on your facts.
Here is how to do that.
http://www.kinseylaw.com/attyserv/civil/lawmotion/demcompl.html
By filing your answer and demurer here you make record of the true facts and you may well get rid of this thing.I would do this prior to the Case Management Conference and ask for hearing on your demurer or see if court grants it here without further hearing.
Since you are pro se you want to make sure you protect your rights in all of this.
I do appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
Please let me know if you have more questions, it is never a problem.I am so sorry that you are having to go through all of this.I am sure it is overwhelming sometimes.
Thanks again.
Customer: replied 1 year ago.
Hi Ray,Thank you for your quick response. I definitely will file an answer to the suit the same day or the following day after I get served the Summons. I will check if l can get my answer filed online. I have a feeling that l will be served on May 8, Friday, late in the afternoon, at the very last minute to make it hard for me to answer the lawsuit. The Case Management Conference is the following Monday, May 11, 2015 at 8:30 am. If this happens, I hope to file my answer right after the Conference and hope it will still be fine, since a trial date is after the Conference date. My ultimate goal is to have this lawsuit dismissed. Thank you again.Chona Ekstrand
Expert:  Ray replied 1 year ago.
xxxx you get 30 days here to answer.If they serve you late the judge will continue the status conference to give you mandatory time to file answer here.They cannot cheat you out of that.
Thanks again and good luck here.
Customer: replied 1 year ago.
Thanks for all the info. l will file an answer to the complaint and file a demurer against entire complaint. Hope it goes away after that step. Thank you again. Chona Ekstrand
Expert:  Ray replied 1 year ago.
xxxx it has been my pleasure.Good luck to you.
JA will email you our chat for your files when you positive rate.
Take care now.