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I have a case where the judge is not writing orders from
Hi,I have a case where the judge is not writing orders from hearings.At the March 4th hearing the judge compelled discovery and asked the Defense lawyer to write the orders. The Defense lawyer wrote orders that did not accurately reflect what occurred at the hearing. I objected. No orders were written. Defendants responded to just about everything I asked for as,,, "unlikely to lead to admissible evidence" or "Work product doctrine" without explanation.........No court orders were issued.At the April 25th hearings, second motion to Compel Discovery. I again was granted almost everything I asked for from the court. The judge to me to write the orders, and send them to defense council to review. After 5 days of no response from defense council, I sent the orders to the judge, 5 days later the defense council responded with objections to my recollection of the orders and produced their own orders for the judges signature. Their orders are absurd.The Court has not written any orders from this hearing.I have called the court a few times and all I get is that the judge is reviewing this.We agree that the Court wants Depositions completed by June 17th.The court ordered that Defendants provide me with the business records I asked for prior to Depositions.The Defendants said their clients could be deposed on June 8th.I am in a position of performing depositions with no business records from the Defendants.My charges against the Defendants are Fraud, grand theft, mail fraud, RICO.The county civil court judge is about to retire.The defendants are prominent in the local community.Should I object to defenses version of the Orders that were in response to my version of the orders?Can I make the judge write orders?Should I spend $300 to get transcripts of the court reporter.Can I get the Judge changed?Can I get this transferred to Federal Court?
Esq ONLY: Hey, Mr. , KS pro se med mal again.
For William B Esq ONLY:Hey, Mr. B, KS pro se med mal again. I've made my motion for the court to assemble a malpractice screening panel, but have also kept my motion to forego expert testimony scheduled. Should I consider cancelling the forego expert hearing? I know the court will not grant it, cannot, really, and it's very unlikely to succeed on appeal (though it's obviously addressing a real defect in the courts, a fact beginning to come to light now with the recent focus on hospital deaths in the news).My main question is this: can I read from supportive materials at trial, things like FDA Guidelines, textbooks, drug packaging inserts, learned treatises?Michael McEachern
Ray, in a motion Summary Judgment where "material
Ray, in a motion for Partial Summary Judgment where "material facts" are so important, are the prior rulings of the Court in the action's early stages considered "material facts", so as "standing" and rulings to deny defendants' motion to dismiss? Or is material facts strictly the evidence contained in the four corners of the complaint, or presented from discovery? I'm presuming in laying a foundation where standing and the rulings of the Court to date should be relevant, that those are considered material facts, but this is a fine point on legal semantics I want to pin down as I list the various material facts in the Motion for Partial Summary Judgment.
My son had stolen from his place of employment, he signed a
My son had stolen from his place of employment, he signed a confession at the store before he was arrested. He's paid $1,499.00 restitution through the NV court system and now the store is demanding a little over $5k from a letter sent by their lawyers office. Does he still need to pay them?
Lucy and how are you?I am the defendant in a case with
Hi Lucy and how are you?I am the defendant in a case with FNBO as plaintiff. Can I file a Judicial Notice of Adjudicated Facts/Supplemental Authority (https://www.law.cornell.edu/rules/fre/rule_201) regarding the attached case conclusions highlighted in red on P. 14 and 15?"CONCLUSIONIT [*25] IS HEREBY ORDERED that Defendant Dunning Law Firm's Motion to Dismiss Counts I & II of the First Amended Complaint (ECF No. 11) is GRANTED in part and DENIED in part. Defendant Dunning's Motion to Dismiss is GRANTED with respect to Plaintiff's claim that Defendant Dunning violated Section1692e(5) of the FDCPA and the corresponding provision under the RFDCPA. Defendant Dunning's Motion to Dismiss is DENIED in all other respects.IT IS FURTHER ORDERED that Defendant FNBO's Motion to Dismiss Count III of Plaintiff's First Amended Complaint (ECF No. 12) is DENIED."This case is still open in federal court and you can check it on Pacer.Thank you very much and best regard.
I had to take a two year alcohol treatment class years
I had to take a two year alcohol treatment class for two years because of a duii from 2000. I completed the class in 2009. I was making minimum wage and had nearly $500 in child support so I haven't driven since 2000. Now that I'm somewhat financially stable, I want a licence. I've completed and passed everything that was required of me, but because I don't have my copy of form(###) ###-#### ***** cannot get a liscence. I have a "true copy" from the treatment facility and a certified copy from the court starting I have fulfilled all requirements, I still cannot get a liscence because I do not have this form. Because it has been so long since that class, noone has the physical copy of the form. How do I prove to the DMV that I'm OK? The only other option seems to be petitioning the court but I can't find info on how to do that without a lawyer and I don't have the money. Thank you for your time, from just someone trying to do it the right way. Guy Bluth
CA. Eviction question 1.) In a unlawful detainer when the
CA. Eviction question1.) In a unlawful detainer when the UD is served the defendant can file a MOTION TO STRIKE AND STRIKE THE TO COMPLAINT within the 5 day time to answer the complaint VS filing and answer – CORRECT?2.) They can't default the defendant for not filing an answer – RIGHT?
Esq. ONLY Several of these questions are
For William B. Esq. ONLYSeveral of these questions are from my last post:First, a note: I believe that the peer review report (that was presumably written after the hearing of Defendant #1's negligence and which I believe resulted in her dismissal) is unavailable even should it be subpoenaed. KS 65-4915:(b) Except as provided by K.S.A. 60-437, and amendments thereto, and by subsections (c) and (d), the reports, statements, memoranda, proceedings, findings and other records submitted to or generated by peer review committees or officers shall be privileged and shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity or be admissible in evidence in any judicial or administrative proceeding. Information contained in such records shall not be discoverable or admissible at trial in the form of testimony by an individual who participated in the peer review process. The peer review officer or committee creating or initially receiving the record is the holder of the privilege established by this section. This privilege may be claimed by the legal entity creating the peer review committee or officer, or by the commissioner of insurance for any records or proceedings of the board of governors.1) Can I subpoena the child doctor who saved me for a deposition to be held there in Buffalo, NY, and how do I go about it, my being in KS and all.2) Is there anything I can do to increase my chances of being allowed to make an interlocutory appeal of the Motion to Forego Experts when it is denied?3) How would one go about having the warnings and indications packaged with the fluticasone entered into evidence? How about medical articles, monographs, etc? I read the case you provided wherein the hearsay exception was granted, but came away uncertain what sort of foundational evidence was laid in that case. Can I make a motion that these items be judicially noticed, and if I do and they are will that get them into evidence. (Unified School Dist. No. 490, Butler County v. Celotex Corp., 629 P.2d 196, 6 Kan.App.2d 346 (Kan. App., 1981) contains this paragraph: Mere publication does not ipso facto render a learned treatise admissible as independent substantive evidence. Such a work becomes admissible when a proper foundation has been laid establishment of its reliability either by means of judicial notice being taken or by the attestation of an expert witness. The determination of reliability requisite to the admission into evidence of learned treatises rests in the sound discretion of the trial court.)4) What sort of foundational testimony might I myself give to support these things coming into evidence?5) What did you mean when you said “the court is likely to permit you to make the writ on this issue,” regarding my chances of being allowed to make an interlocutory appeal? Being allowed to “make the writ” means I will be granted certiorari? And if that's what you meant, will I not be required to make some particular motion, or only a Notice of Intent to Appeal?6) So far we have had only a single hearing before the judge, and that wasn't recorded. Because the hearing of the upcoming motion (to forego expert testimony) is critical, how can I make sure it's recorded. Can I request a court reporter's presence and will the court pay for it?7) In order to maximize chances of an appellate court granting my Motion to Forego Expert Testimony, should I file an affidavit confirming I cannot afford expert testimony. In SC, a litigant is allowed, on appeal at least, to proceed in forma pauperis. (Being a river-dweller myself, I always expressed it as “in the form of a porpoise.”)8) My memorandum in support of the motion mentions that alternatives to proceeding without need of expert input are numerous and include continuing to require experts, but having the state paying them. Should I offer these as alternatives in the Motion?
Do you have any problems with this?STATEMENT OF THEView more legal questions
Do you have any problems with this?STATEMENT OF THE CASEThis outrageous illegal foreclosure action was im-properly commenced first in 2007, then dropped by Re-spondents, then filed again by the instant Summons and Complaint of December 4, 2008, returnable to the Judicial District of Stamford at Stamford, CT on December 30, 2008; see EXHIBIT F.JPMorgan Chase Bank et al (“JPMCB”) / Washing-ton Mutual Bank (“WAMU”) solicited Mr. Lundstedt to re-finance his home in 2006. JPMCB / WAMU et al lied at the instant contracts September 25, 2006 origination, EXHIBIT D, about Mr. Lundstedts' credit score, saying it was 100 points Lower than it actually was. They lied. No one is al-lowed to lie (CT Sec. 36a-498e - Prohibited acts).JPMCB / WAMU et al lied in order to place the con-tract into a subprime security owned by many investors through bankrupt WAMU, bought by JPMCB for pennies on the dollar. Respondent Deutsche Bank National Trust Com-pany TTEE For Long Beach Mortgage Loan Trust 2006-10 (“DB”) as Trustee managed the trust for WAMU, then for JPMCB after JPMCB bought WAMU and its $300 Billion loan portfolio on or about September 25, 2008 for $1.3 Bil-lion. They could spend 99% of the value of the property in legal costs and still make money. Respondents are able to keep violating consumer protection laws with impunity be-cause the cost of fines is already built Respondents strategy to make profits.$13 Billion in a recent settlement with the government for violations may seem like a lot for Respondent JPMCB but compared to the $298.7 Billion left over from WAMU portfolio acquisition it is small. This is one reason the Appellor, Mr. Lundstedt, sued Respondents for $711 Million, which includes punitive amounts, in Federal Court in 2013.On April 30,*****Trial Court clearly lost ju-risdiction because the invalid contract that DB / JPMorgan Chase Bank (“DB / JPMCB”) filed upon, see EXHIBIT D, was already terminated by DB / JPMCB, EXHIBIT E, and they omitted the new May 1, 2008 adhesion contract, EX-HIBITS H and I, from the record causing fraud upon the court.On August 21, 2013 DB improperly filed a Motion for Judgment of Strict Foreclosure on the invalid old contract, in scienter, but never filed a complaint on DBs'new adhe-sion contract, also in scienter. APPENDIX D documents the original illegal contract. APPENDIX E documents the origi-nal contracts release clause. APPENDIX F documents the original service of complaint on the contract that expired on April 30, 2008. APPENDIX G documents the original com-plaint filed on the expired userus contract. APPENDIX H documents the second adhesion contract, dated May 1, 2008, which was not sued upon. APPENDIX I documents the second adhesion contract, not sued upon, signed on May 6, 2008 by Respondents. APPENDIX J documents the Motion for the CT Trial Court to take JUDICIAL NOTICE of both of the invalid contracts. APPENDIX K documents the CT Trial Courts'Order GRANTING JUDICIAL NOTICE of both of the invalid contracts.On September 12, 2013, the defrauded Petitioner, Mr. Lundstedt, filed a state prejudgment Objection to Motion for Strict Foreclosure, Motion for Special Defense and Counter-claim to Foreclose Special Defense. It was denied because Mr. Lundstedt was supposedly in default but he was never notified by counsel or the court. Mr. Lundstedt objected.Mr. Lundstedt called the clerk the day after the Sep-tember 16, 2013 invalid and improper CT Trial Courts ruling granting Respondents'motion of strict foreclosure to ask about what default they were talking about. The clerk said Mr. Lundstedt was not in default; rather the DB / JPMCB and other strategic defendants were in default. They were in default to show at least someone was in default to strengthen their case. Mr. Lundstedt objected to everything. On June 5, 2015 the Mr. Lundstedt filed new information showing the facts in the case were different from those presented by DB / JPMCB.Mr. Lundstedt motioned to Open and Vacate the September 16, 2013 Strict Foreclosure judgment. It was denied. Mr. Lundstedt objected and appealed. Mr. Lundstedt filed suit against DB / JPMCB and the new loan servicer Select Portfolio Services, Inc., owned by Credit Suiss, (“SPS/CS”) on September 26th, 2013 in Federal Court to answer federal questions unrelated to the instant prohibitive sanction questions of which this appeal is about.On July 6, 2015 plaintiffs filed a Proposed Execution of Ejectment JD-CV-30 for the third time. Mr. Lundstedt objected. On July 15, 2015 CT State Trial Court Judge Tier-ney ruled: “The court is not going to proceed on this motion due to the status of AC 37961,” and then suggested that the parties settle.On July 15th,*****Appellate Court granted DB / JPMCBs'motion to dismiss and motion for a prohibi-tory order in that Mr. Lundstedt was prohibited from filing anymore appeals in this case unless he filed a motion for permissi