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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
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Experience:  Attorney and Real Estate broker -- Retired (mostly)
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What case laws (CA) show a statement made "on information and

Customer Question

What case laws (CA) show a statement made "on information and belief" is NOT an admission?
Foreclosing bank admitted second bank as owner. In my complaint, I said the second bank was owner "on information and belief," (bank was my only source of the information).
Case proceeded subsequent discovery showed second bank has no verifiable claim of loan ownership either. Now they claim my original "information and belief" statement is a conclusive admission, giving second bank has right to foreclose.
I need CA case law relevant to "information and belief" statement is NOT admission.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
I think that you are looking for something too specific.
Any pleading based on :information and Belief, by law, has no evidenciary value. What this means is that it is not an admission of fact, and may not be used as such, or as any sort of evidence in a case---by a Plaintiff or by a Defendant.
Here are a couple of CA cases that specifically state that "information and belief" may not be used as evidence:
http://www.bing.com/search?pc=COSP&ptag=D041115-AC44713A88D0B45FFA7F&form=CONBDF&conlogo=CT3331981&q=CA+%22information+and+belief%22+no+evidentiary+value
http://law.justia.com/cases/california/court-of-appeal/2d/212/841.html
You need to Motion the Court for Leave to Amend your Complaint. The file the First Amended Complaint without the information and belief in it. That will end the nonsense.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
Thanks for your reply. I don't think I want something "too specific" as this can be in any area, not just foreclosure law. The thing is that this is not being treated as evidentiary in the sense that I am testifying against the opposing party. Basically the claim is that I (more or less) testified against myself, I made an "admission" and that is what is being held against me. Because it is an admission and not an accusation, it has more weight and is supposedly not retractable...even though I only relayed what the bank told me. I need case law saying that my "info and belief" admission is not really an admission. Can you help me with that?
Expert:  LawTalk replied 1 year ago.
Hi,
I fully understand what an admission is. Something pleaded on information and belief is not evidence----ever. An admission is evidence---from the get-go. You can't turn something from non-evidence into evidence merely because it is stated on information and belief.
Amend your Complaint and you will be fine.
I find no case law tying information and belief with admissions. It doesn't matter though. Evidence is evidence.
Doug
Customer: replied 1 year ago.
My attorney is good, but situation is that I lost on summary judgment with no leave to amend. Judge agreed that they had no evidence of loan ownership (specifically rejected what they presented) and relied entirely on my "admission." Now I am in appeal and I accepted task of finding case law that supports that my info and belief statement is not an admission. (I said I had seen that somewhere and would find it, but i can't remember where and have not found it.)So yes, I agree we need to amend case, but relevant case law would really help to convince appellate court there should have been no summary judgment based on my info/belief statement. Any thoughts on how to find such a case?
Expert:  LawTalk replied 1 year ago.
I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.
Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.
There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.
I apologize for any inconvenience and wish you well in your future.
Doug
Expert:  socrateaser replied 1 year ago.
Hello, Different contributor here. Please permit me to assist. If plaintiff verifies the complaint, it constitutes an oath that each allegation therein is true “ ... except as to matters alleged therein on information and belief ... ” Code Civ. Proc. § 446 ("In all cases of a verification of a pleading, the affidavit of the party shall state that the same is true of his own knowledge, except as to the matters which are therein stated on his or her information or belief, and as to those matters that he or she believes it to be true; and where a pleading is verified, it shall be by the affidavit of a party, unless the parties are absent from the county where the attorney has his or her office, or from some cause unable to verify it, or the facts are within the knowledge of his or her attorney or other person verifying the same."); and see City of Santa Cruz v. Mun.Ct. (Kennedy) (1989) 49 Cal.3d 74, 88; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596 fn. 9 ("Making a statement on information and belief may insulate the declarant from criminal perjury liability which otherwise might attach if the statement is under oath, or it might avoid a judicial admission. [emphasis added] (Cf. 4 Witkin, Cal. Procedure (4th ed. 1997) Pleading, §§ 359, 360, pp. 461-463.)" I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Expert:  socrateaser replied 1 year ago.
Hello again,
I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?
If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.
Thanks again for using justanswer.com!

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