Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Plaintiffs' Motion to Reconsider Court's Rejection…

Customer Question
Plaintiffs' Motion to Reconsider Court's...
Plaintiffs' Motion to Reconsider Court's Rejection of Fraud Plea due to Defendants Prejudicing the CourtAt our last hearing the Defendants had filed a motion to dismiss our case because I demanded they cite the rule that allowed them to attend the deposition of a party they were not representing (the auction buyer)
I sent the Defendants 3 emails over a 5 day period requesting they cite this rule and if they did I would be happy for them to attend this deposition. They were non responsive. They did not attend this deposition of the auction buyer, and they did not bring their 3 employee deponents to be deposed that day as subpoenaed, instead they moved to dismiss the case. This deposition was scheduled for 1-day before the deadline for depositions ran out, because Defendants were not responding to my multiple requests to schedule their employee deponents.The Defendants were first to speak at this hearing and went on a long rant to the effect that I was on a vendetta of vengeance and wanted to get this deponent in a secret location for a secret videotaping and 'get a piece' of him. They said they did not attend because they feared for their safety.
The Deponent was treated with the utmost courtesy and Defendants offered no proof whatsoever that I had behaved improperly aside from demanding they show me the rule that allowed their attendance.The video-deposition was done before a notary and filed by the notary with the court the next day.
I offered to let the Defendants add Eratta objections to this deposition.The judge then reversed a previous discovery ruling that Defendants provide contact information for tenants in default, and phone bills for 2 locations for 8 months (to verify if they were called per contract) On the basis that this only sounded in Fraud.At the hearing I had presented complaints of 2 different individuals with similar fact sets. (The company 'lost' customer info, stopped charging their credit-cards, forced them to pay late fees)The Judge said I did not Plead Fraud with Specificity, and barred all discovery related to other tenants.
Months previously I had filed an official Pleading of Fraud with Specificity. This was not heard at the hearing.PLEASE CITE ANY CASE LAW TITLES you can think of that relate to: ***** ***** Discovery, Rejection of Plea before discovery.Can a Judge reject a plea of fraud without a hearing on the original pleading, before any employees are deposed, and bar all discovery (2-Facilities, 8-months) related to other tenants because of the rejected plea of fraud?Do you think I should or could get the Court to allow the video-deposition of the auction buyer to be admissible? (Because of Eratta Objections by Defendants)
If it is not admissible, can I use it to ensure the witness doesn't tell a different story at trial?Can I call wittiness at trial that have not been formally deposed?The deadline for depositions has passed, but the Court is allowing for Defendant employees to be deposed because they didn't show before.
If I find new witnesses can I depose them? Can I just call them in court at trial?
Submitted: 2 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 5 days by:
7/13/2016
Consumer Protection Lawyer: Erin Blohm,
 replied 2 years ago
Erin Blohm
Category: Consumer Protection Law
Satisfied Customers: 2
Experience: ATTORNEY at JOHNSON HANAN & VOSLER
Verified

Generally speaking, fraud must be pled with particularity in the original or amended petition/ complaint filed by the plaintiff. The Federal Rule of Civil Procedure speaking to this is FRCP § 9(a). Upon the filing of a Motion to Dismiss, the Court will review the pleading and make a determination as whether or not the claim of fraud was properly pled. See, Committee On Children’s Television, Inc. v. General Foods Corp., 35 Cal.3d 197, 216 (1983); Estrada v. Kris, 2015 OK CIV APP 19. Further, a judge may limit a party’s ability to conduct discovery on certain issues, claims, etc. Most states have statutory authority permitting a judge to so limit discovery for a variety of reasons. See, 12 O.S. § 3226(C)(1)(a)-(h). If a judge finds that a claim of fraud was not properly pled and dismisses that claim, no discovery may be had on the claim.

As to who may be present during a deposition, anyone may be present. It is the burden of the individual attempting to limit who may be present to seek a protective order. See, FRCP § 26(c)(1)(E). Most states have some form of this rule in their statutes. See, 12 O.S. § 3226(C)(1)(e); Washington’s CR 26(c)(1)(E).

Most, if not all states, require a deposition to take place before an officer authorized to administer oaths by the laws of the place where the examination is held, which includes a certified shorthand reporter (CSR) or a licensed shorthand reporter (LSR). Unless the notary was also licensed or certified or court-appointed in some way, and created a transcript of the deposition, the Court is unlikely to permit the “video-deposition” to act as a deposition, as it will not qualify as a deposition unless it is sworn testimony. You may be able to present the video as impeachment evidence should the witness say something different at trial, a hearing, or a deposition.

Best of luck to you. If you do not require additional assistance, please rate my service. Also, kindly note, this is not legal advice and does not create an attorney-client relationship/ privilege and may not be applicable in all situations and/ or jurisdictions.

Ask Your Own Consumer Protection Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a consumer protection lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Erin Blohm Your Own Question
Erin Blohm
Erin Blohm
Erin Blohm
Category: Consumer Protection Law
Satisfied Customers: 2
2 Satisfied Customers
Experience: ATTORNEY at JOHNSON HANAN & VOSLER

Erin Blohm is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

7,125 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,436 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,679 satisfied customers

Attorney,17 years experience in consumer protection areas

P. Simmons

P. Simmons

Lawyer

1,227 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

604 satisfied customers

Licensed Texas General Practice Attorney

RobertJDFL

RobertJDFL

Lawyer

517 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Consumer Protection Law Questions
I'm pro se and wish to issue subpeona's to witness's for
I'm pro se and wish to issue subpeona's to witness's for deposition and to inspect records. Where am I allowed to put in "Appearance Information", can I do my own home? Or should I ask the Court if I … read more
Ray
Ray
Lawyer
Doctoral Degree
33,797 satisfied customers
Thank you for your help in the past... I have few questions
Thank you for your help in the past... I have few questions about civil case in district court that is currently in discovery phase....I have found out that the Defendants have destroyed evidence how … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Should I file a motion for the court to take notice of the
Should I file a motion for the court to take notice of the evidence attached?Judicial notice and the burden of proof[edit] FRE 201(f) establishes that the effect of the court taking judicial notice is… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Ex parte communication Prejudice witness. Now I deposed a
ex parte communication Prejudice witness. Now I deposed a witness, the defense's council didn't attend, and later complained that I was cutting secret deals with the witness and got my video depositio… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
An attorney wants to depose a foreign national. To set up a
An attorney wants to depose a foreign national. To set up a deposition, the attorney contacted the deponet directly by mail. The deponet did not respond. Should the attorney have sent a letter of Roga… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am going to serve deponents with a Subpoena Ducus Tecum to
I am going to serve deponents with a Subpoena Ducus Tecum to appear at a place and time for depositions. I intend to do video depositions with and officer of the court (notary public) swearing in the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
08 March 2016 11:31 Follow up Law Educator.Filed motion
08 March 2016 11:31 Follow up Law Educator.Filed motion for dismissal as we had discussed. The state petitioned court to amend the ticket to a Illinois statue from the village ordinance violation. My … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Re: discovery; Maryland (in the HCADRO,... Re: discovery;
Re: discovery; Maryland (in the HCADRO,... Re: discovery; Maryland (in the HCADRO, health claims arbitration office; pre-certificate of merit and pre-transfer to Circuit Court) Background: Claim had 2… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Which form to I used to have the court issue a subpoena
Which form to I used to have the court issue a subpoena duces tecum in Fairfax Circuit Court? How much time do I need to give the party to reply? If they person does not reply, what do I do? If the re… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This question is for Fred/Legal Pro...I am suing a global public
This question is for Fred/Legal Pro...I am suing a global public health insurance company that I believe has been using severe intimidation against my attorney and myself in order to get us to drop th… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I must take the Deposition of someone located in CA. I am
I must take the Deposition of someone located in CA. I am from NY. Depo will be taken via telephone. Does the F.R.C.P. allow this. The oath will be given from NY over the phone to the Corporate Rep of… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
If a judge denies my motion to deem answers admitted what
If a judge denies my motion to deem answers admitted what do i do. I am the defendant and filed a motion to deem answers admitted here in NJ. my discovery was answered late the admissions part. Can th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,125 satisfied customers
I need to check on the process of a Rule 11 sanctions issue. An
I need to check on the process of a Rule 11 sanctions issue. An attorney has filed a case against me. In the suit there were a number of factual statements in a supporting affidavit that we have now p… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,125 satisfied customers
We are a 30 year old 501 C 3 charity and we have been going
We are a 30 year old 501 C 3 charity and we have been going through a multi state AG discover via interrogatories that commenced December 24, 2010. Recently the AGs recruit the FTC to join with them f… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
In its Motion for Summary Judgment, defendant submitted an
In its Motion for Summary Judgment, defendant submitted an affidavit from a person who had not been previously disclosed anywhere. The MSJ was filed 77 days after close of discovery (the judge denied … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I forgot to expressly reserve the right to supplement my
I forgot to expressly reserve the right to supplement my initial disclosure statement last week, can I still supplement my disclosure statement in Arizona?… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Trying to get more information by deposition/ subpoena from
Trying to get more information by deposition/ subpoena from below affiant to challenge their statements of” personal knowledge “ but affidavit does not have any address/ way to contact affiant – Disco… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
I am involved in both a county Municipal Court case where I
I am involved in both a county Municipal Court case where I am defendant and a Federal Court case where I am plaintiff involving the same party, a debt collection firm. I am acting Pro Se in both case… read more
skelly151
skelly151
partner
Post-Doctoral Degree
2,328 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x