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Thank you I will try to be more aware. What I meant was why

is it on the SC...
Thank you I will try to be more aware. What I meant was why is it on the SC calendar? That has never happened before. “Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of
being a good man. There will still be business enough.” ― Abraham Lincoln
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Answered in 5 minutes by:
4/3/2015
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,473
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your reply.
Actually, in looking at this, it is more likely Superior Court, because they have a short calendar and this is the strict foreclosure, so that is where this matter is set on the Superior Court Short Calendar.
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Customer reply replied 2 years ago
Yes it is just the reclaim.This is being marked ready non-arguable for 4/13/2015.
126 FST-CV-08-5009697-S DEUTSCHE BANK v. LUNDSTEDT,PETER Et Al
9:30 AM - NA 187.00 MOTION FOR SANCTIONS
9:30 AM - NA 188.00 REPLY
9:30 AM - NA 189.00 OBJECTION TO MOTION
9:30 AM - NA 190.00 MOTION FOR SANCTIONS
9:30 AM - NA 191.00 MOTION FOR SANCTIONS
9:30 AM - NA 193.00 REPLY
9:30 AM - NA 194.00 OBJECTION TO MOTION
9:30 AM - NA 201.00 OBJECTION
Plaintiffs: HALLORAN & SAGE LLP, HUNT LEIBERT JACOBSON PC, ZEICHNER ELLMAN & KRAUSE
Defendants: FRANKEL & BERG, Self Rep
This means it is in Superior court.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,473
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 2 years ago
What do you think of this argument?http://www.filedropper.com/motionforreview1-7
Thank you for your reply.
In order for you to get review, you are going to have to give them new facts and circumstances to look at. You are rehashing everything you have already told the court before in your case for the most part. You need to pull out everything you have cut and pasted from previous pleadings filed with the court and you need to include only the new information and what you want the court to look at that is new that they did not consider.
The court, even in their last ruling, mentioned that you have submitted the same information and facts that were in other pleadings, so it appears the court is not happy reading the same thing over and over again and as such you need to give them something new in your arguments.
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Customer reply replied 2 years ago
Right but I have to refile the motion for review redacted with the appellate court which may have not heard it. So I have to rewrite it. I am supposed to give a history. I am just making it clearer that the contract they filed under was expired. Or do I have to not change anything except the redacting?
You should redact the information that needed to be redacted and take this opportunity to clean it up and shorten up the things you have already told the court in other pleadings.
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Customer reply replied 2 years ago
So sum up everything with this?Every order after that was based on the old contract whereas they Plaintiffs should have served new papers to the court and the Defendant on the new contract.
Customer reply replied 2 years ago
Every order after that was based on the old contract whereas the Plaintiffs should have served new papers to the court and the Defendant on the new contract.
Customer reply replied 2 years ago
rather:The clerk granted a default for failure to plead on a nonexistent contract because the contact they filed under, and presented to the court, ended on 4/30/2008 which was replaced by a new inappropriate contract on 5/1/2008 which had egregious terms which did nothing to help the Defendant and should be invalidated as such. Every order after that was based on the old contract whereas they Plaintiffs should have served new papers to the court and the Defendant on the new contract which also negates the Defendants erroneous default judgment of 3/12/2009.
Thank you for your reply.
That is a good explanation, since every order was based on the incorrect contract, those orders should be void at the very least.
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Customer reply replied 2 years ago
How's this?http://www.filedropper.com/motionforreview
Much better, yes.
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Customer reply replied 2 years ago
Thank you
You are welcome.
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Customer reply replied 2 years ago
Can I add the counterclaim as an exhibit of what I was trying to file?
No, you should not as the counterclaim is not part of this motion and can be filed later when the answer is filed if they allow it.
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Customer reply replied 2 years ago
Is this acceptable:24. This Motion for Review, redacted from (#192.00), asks the Appellate Court to issue its own stay from the Execution for Ejectment while the Motion for Review and the Defendants Appeal from the Appellate Court is being considered by the Appellate Court and for financial hardship and health reasons and for the purposes of appealing his counterclaim, which is derived from the 9/16/2013 judgment of strict foreclosure, where an appeal was misfiled or filed late but only by about two weeks, on the basis that the court, although with good intentions, erred, which is possible because the judge did say that he was confused with the pleadings and where the Defendant had no idea what a pleading or a default was and where the Plaintiffs and their attorneys knew of the actual information needed to make the decision which they failed to mention thereby prejudicing the Defendant and wasting the courts time.
Customer reply replied 2 years ago
PRAYER FOR RELIEF
Yes, that is acceptable
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Customer reply replied 2 years ago
Why did the judge say that I wasn't challenging the ownership of the property in the federal case when I distinctly add the prayer for relief showing that I was asking for the court to return the property to me?The Defendant argued that, among other things, because he was contesting the property in federal and state court that “The Defendant-Appellant is entitled to stay pending the federal court's judgment”, Relying on Richard Barry V. Board Of Education Of The City Of New Britain, (AC 32201), Appellate Court of Conn. On 2/23/2015 the trial court errored stating that the ownership of the property was not being contested which it defiantly is being contested both in state and federal court of which Defendant had ask the return of and objected, see EXHIBIT A.
Thank you for your reply
I do not know why the court is saying that. You need to point out that error as you are doing and attach only a copy of the page of the suit showing you are asking for that on your prayer for relief.
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Customer reply replied 2 years ago
http://www.businessinsider.com/the-art-of-war-in-7-charts-2015-3
Happy Easter. Thank you for your link.
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Customer reply replied 2 years ago
Happy Easter. Thank you.
Happy easter
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Customer reply replied 2 years ago
What would you take out of this before I file it today?http://www.filedropper.com/motionforreview_1
Thank you for your reply.
It is fine as it is. It explains your points and reasoning and the law.
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Customer reply replied 2 years ago
Thank you
You are welcome
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Customer reply replied 2 years ago
SHOULD THIS BE USED?Why struggle to prove obvious facts?Every court (state or federal) provides an easy way to prove obvious facts.The method is called "Judicial Notice".Make your opponents' legal bullets bounce harmlessly off your educated chest by moving the court to take judicial notice of obvious facts.Don't spend valuable court energy trying to prove what the court must admit when you move it to do so.Once the court takes judicial notice of a fact, the court's order settles the issue for all purposes.If a fact is commonly known, move the court to take judicial notice.
Judicial notice is not going to be appropriate here for what you are doing in this instance.
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Customer reply replied 2 years ago
Thank you.
Thank you. You do not have to reply saying thank you every time, because it forces me to respond or I cannot answer any other questions. I understand you appreciate me answering you.
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Customer reply replied 2 years ago
On re submitting the supreme court petition is this good?STATEMENT OF THE QUESTIONS PRESENTED FOR REVIEW
1. If the Plaintiff filed suit and served papers on the original 9/25/2006 mortgage loan contract, is the suit valid if a new contract with different terms was entered into on 5/1/2008. Did entering into the 5/1/2008 contract with different terms require the party serving the complaint to re-serve on the new contract.
2. If the Plaintiff did not serve new papers on the new 5/1/2008 contract and then did not tell the court that a new 5/1/2008 contract existed, is that fraud upon the court, and if the Plaintiff then improperly served a motion to dismiss for failure to plead on the expired contract but then the court ruled in the Plaintiffs favor on the basis of the expired 9/25/2006 contract but where the court failed to properly notify the Defendant in this case by not properly issuing the supposedly granted order on 3/12/2009 at #105 on the docket, is the default valid.
Those are two good issues to raise.
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Customer reply replied 2 years ago
How would this be?http://www.filedropper.com/appealtosupremect3-24-20154102015
Thank you for your reply.
Yes, it is fine.
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Customer reply replied 2 years ago
Supreme court just gave me a new case #
Customer reply replied 2 years ago
Is this final ok?http://www.filedropper.com/appealtosupremect3-24-20152
Thank you for your reply.
Yes, the final is okay.
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Customer reply replied 2 years ago
Should I include this clause from the new contract that they did not tell the court about or wait?http://www.filedropper.com/clause
Why would you send them that when it says you agreed to waive all claims against them? I wouldn't send them that.
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Customer reply replied 2 years ago
ok To show an adhesive contract? if they read the contract then it will be shown anyway, unless they don't have the contract?
Thank you for your reply.
The risk you run in trying to show it is adhesive is the court says it is not and holds that clause against you. If you do not raise that clause and argue they just filed on the improper contract that is the better claim.
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Customer reply replied 2 years ago
And why haven't they brought it up or file it with the court?
Customer reply replied 2 years ago
The new contract
Customer reply replied 2 years ago
OK
Customer reply replied 2 years ago
And why haven't they brought the new contract up or file it with the court?
Customer reply replied 2 years ago
That is, I won't sent it but still you wonder why haven't they brought the new contract up or file it with the court?
Yes, you do wonder why they have not brought up the new contract, but you have brought it up and you can attach the WHOLE contract to the pleading, but just do not highlight that specific paragraph for the court.
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Customer reply replied 2 years ago
Well well. I sent my redacted motion for review to the appellate court to the federal judge as a courtesy copy and now:U.S. District CourtUnited States District Court for the District of ConnecticutNotice of Electronic FilingThe following transaction was entered on 4/13/2015 at 4:42 PM EDT and filed on 4/13/2015
Case Name: Lundstedt v. Deutsche Bank National Trust Company et al
Case Number: 3:13-cv-01423-JAM
Filer: Peter Lundstedt
Document Number: 109Docket Text:
REDACTED MOTION for Review under CT P.B. Section 61-14 and 66-6 of February 23, 2015 Denial of Motion for Stay and Request for Stay by Peter Lundstedt. Responses due by 5/4/2015 (Oliver, T.)
I have no idea why you insist on flooding the courts with unnecessary documents, since there was no need for the federal judge to get a courtesy copy of this. These kinds of things is what anger the judges and turn them off against pro se litigants.
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Customer reply replied 2 years ago
Thank you. Well he did order this on a state filing? - Responses due by 5/4/2015. I would think that is significant.
Thank you for your reply.
You sent a copy to the US judge, what do you mean he ordered that on the state filing? The US judge does not have authority to order anything on the state filing. The US judge can only order you to file things in his court.
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Customer reply replied 2 years ago
What do you think this is? What does this mean: Responses due by 5/4/2015Docket Text:
REDACTED MOTION for Review under CT P.B. Section 61-14 and 66-6 of February 23, 2015 Denial of Motion for Stay and Request for Stay by Peter Lundstedt.Responses due by 5/4/2015
Customer reply replied 2 years ago
He ordered it in federal court because it relates to my case in state court
Customer reply replied 2 years ago
call the clerk?
Customer reply replied 2 years ago
he can order anything he wants if it relates to a case?
Thank you for clarifying.
So if he ordered it, you provide it.
Also, responses due means responses to your pleading by the other party are due by that date.
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Customer reply replied 2 years ago
Right. Isn't that significant? Why would I have to respond to my own motion in state court?
Customer reply replied 2 years ago
Ok you were right. It looks like the clerk thought it was a motion to the fed court but I told them to just leave it and they said they would.
Thank you for your reply.
It was the motion reply date not for you, but for the other party.
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Customer reply replied 2 years ago
What do you think of this?http://www.filedropper.com/iccomplaintbinder1Thank you
That is fine.
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Customer reply replied 2 years ago
Docket Text:
ORDER Plaintiff's motion (Doc. #[109]) is DENIED on the ground that it appears to be a motion seeking relief from the Connecticut Appellate Court concerning state court litigation, rather than a motion for relief that a federal court may grant.Signed by Judge Jeffrey A. Meyer on 4/14/2015. (Gutierrez, Y.)
You knew that was coming because you had no business filing it in the federal court case. Again, you need to stop filing state pleadings with the federal court and vice versa. Just file them in one court and one court only.
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Customer reply replied 2 years ago
Actually that was a courtesy copy only. But you are right.
It does not matter what it was, don't send it to them if it is not a pleading in that case.
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Customer reply replied 2 years ago
202.00 04/07/2015 D MOTION FOR REVIEW This motion, document or order was filed 8 days ago. No
203.00 03/27/2015 D WAIVER - GENERAL
RESULT: Granted 4/8/2015 HON KENNETH POVODATOR No
204.00 03/27/2015 D MOTION TO OPEN AND VACATE JUDGMENT No
205.00 04/09/2015 C APPELLATE COURT MATERIAL This motion, document or order was filed 6 days ago. No
206.00 04/10/2015 D WAIVER - GENERAL This motion, document or order was filed 5 days ago.
RESULT: Granted 4/15/2015 HON DONNA HELLER No
207.00 04/10/2015 D PETITION FOR CERTIFICATION This motion, document or order was filed 5 days ago.
Thank you was there a question in there for me? If there is no question about something, posting it is tying me up from other customers and you said you would be more considerate of that.
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Customer reply replied 2 years ago
sorry. FYI
Customer reply replied 2 years ago
My apologies. Do you think these recent cases can influence my case?http://www.filedropper.com/supremecourtoftheunitedstatesbinder1
Thank you for your reply.
I cannot open the link.
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Customer reply replied 2 years ago
My apologies. Do you think these recent cases can influence my case?http://www.filedropper.com/supremecourtoftheunitedstatesbinder1
Thank you for your reply.
You can use the case law as part of your arguments on your issues, yes.
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Customer reply replied 2 years ago
Should I motion for termination of stay on discovery in the federal case?
You need to wait for them to rule on your pending motions before you do anything else in your federal claim.
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Customer reply replied 2 years ago
Can I motion to deny of their motion to dismiss in the federal?
Thank you for your reply.
You already filed your objection to their motion to dismiss, that is all that you file.
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Customer reply replied 2 years ago
should I call the fed clerk and ask what is happening with my case?
Thank you for your reply.
Call the judge's clerk and ask them where the case is in the judge's stack. The court clerk cannot tell you, but the judge's clerk knows what the judge has to do and how busy the judge is.
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Customer reply replied 2 years ago
would the ct appellate court have personal jurisdiction in my case or did they not have it if I wasn't properly served?"It is axiomatic, [however,] that a court cannot render a judgment without first obtaining personal jurisdiction over the parties. No principle is more universal than that the judgment of a court without jurisdiction is a nullity.... Such a judgment ... may always be challenged.... [A] defect in process ... implicates personal jurisdiction." (Citation omitted; internal quotation marks omitted.) Argent Mortgage Co., LLC v. Huertas, 288 Conn. 568, 576, 953 A.2d 868 (2008). The defendant claims that the court erred in denying its motion to open because the court did not obtain personal jurisdiction over the defendant and thus the judgment of strict foreclosure was void.
Customer reply replied 2 years ago
We cannot consider the defendant's claim that the trial court lacked personal jurisdiction to render judgment because the record is inadequate for review. Practice Book § 64-1(a) mandates that a trial court must disclose the factual bases of its decision. "Where a transcript of an oral decision of the trial court fails to set forth the factual basis of the trial court's decision, the [burden is on the appellant to] perfect the record on appeal either by filing a motion to compel the trial court to file a memorandum of decision ... or by filing a motion for articulation.... [T]his court will not attempt to supplement or reconstruct the record, or to make factual determinations, in order to decide the [appellant's] claim." (Citations omitted; internal quotation marks omitted.) State v. Wilson, 111 Conn.App. 614, 621, 960 A.2d 1056 (2008), cert. denied, 290 Conn. 917, 966 A.2d 234 (2009).
Thank you for your reply.
No, the appeals court has jurisdiction upon final judgment in the superior court.
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Customer reply replied 2 years ago
We knew they would object but they ignore all my objections?http://www.filedropper.com/obj
Customer reply replied 2 years ago
http://www.filedropper.com/20800objectiontomotiontoopenvacatejudgment-asfiled1better copy
Thank you for your reply.
They are objecting on procedural grounds, so they do not have to address your objections. You can submit a Surreply to their objection addressing ONLY the issues they raise regarding procedure and NOTHING ELSE. So you need to do your case law research to counter their procedural arguments and DO NOT raise anything else in your surreply. DO NOT copy and paste previous arguments at all, not even one of them, just address each procedural issue in the same exact format that their objection is in with the same headings etc. Stay short and ON POINT, no opinions, only law and facts supporting your position.
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Customer reply replied 2 years ago
So the court will take my other arguments into consideration without mentioning them?
Customer reply replied 2 years ago
IRAC
Yes, IRAC, which is what the opposition you received is in. If you follow the same exact format they used you would be fine (do not try to change it to your style you keep trying to use). Yes, the court will take your initial arguments and the arguments in your surreply into consideration and you do not have to repeat your initial arguments which you have now beaten to death with all of your copying and pasting. Just stick to ONLY WHAT THE OTHER PARTY HAS ARGUED AND ARGUE AGAINST IT.
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Customer reply replied 2 years ago
How's this for a start without the case law?http://www.filedropper.com/responcetoobjectiontomotiontoopenandvacatejudgmen
If you get case law that supports the points you raise, then you are on the right track, but be more direct, for example "Plaintiff's objection states X. This is not so because Y."
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Customer reply replied 2 years ago
How's this?http://www.filedropper.com/responcetoobjectiontomotiontoopenandvacatejudgmen_1
Thank you for your reply.
Good, but remove paragraph numbers for this one.
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Customer reply replied 2 years ago
FINAL?http://www.filedropper.com/responcetoobjectiontomotiontoopenandvacatejudgmen_2
Call it response to objection and not surreply and you would be good to go.
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Customer reply replied 2 years ago
Thank youCan you close this from google?https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&ved=0CC0QFjAC&url=http%3A%2F%2Fwww.justanswer.com%2Fconsumer-protection-law%2F8wdgy-educator-esq.html&ei=eOU4VYuYCMLngwSv8IDgBw&usg=AFQjCNF7NZVsa5yDCk2EJXUGLqSecdE9HA&sig2=IjImsyV0aMlg2NQt_tuu1Q
Done I asked customer service to lock it.
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Customer reply replied 2 years ago
Is this acceptable?This is certainly something thousands of other victims would be very interested in knowing about where the Defendant (victim), after gaining knowledge of his initial mistakes, has begun writing a book entitled "How To Sue DE, JPMCB and CS". This will benefit many and provide the Defendant with an income which the Plaintiffs et al took from him.
No, that is nothing the court cares about, it is opinion and not your job to represent or benefit other defendants. We actually discussed similar statements before and I told you the same thing.
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Customer reply replied 2 years ago
yes I know but I was actually talking to the other side to convince them to settle sooner rather than later and to show the court that I am trying to settle but if not I'll remove it?
Customer reply replied 2 years ago
This is certainly something thousands of other victims would be very interested in knowing about where the Defendant (victim), after gaining knowledge of his initial mistakes, has begun writing a book entitled "How To Sue DE, JPMCB and CS". This will benefit many and provide the Defendant with an income which the Plaintiffs et al took from him. What seems to be evident is that the state court and the federal court are giving the Plaintiffs chance to settle or a window from which to settle within.
Customer reply replied 2 years ago
Take everything out?
Yes, you do not even mention it at all.
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Customer reply replied 2 years ago
Done
Good.
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Customer reply replied 2 years ago
Final compilationhttp://www.filedropper.com/responcetoobjectiontomotiontoopenandvacatejudgmen-s-binder1Sending now
That is better. Good.
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Customer reply replied 2 years ago
There were some errors so I'm refiling my reply Hows this?http://www.filedropper.com/responcetoobjectiontomotiontoopenandvacatejudgmenthnx
Thank you for your reply.
That is fine.
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Customer reply replied 2 years ago
So the judge said why do you need sanctions? You have plenty of ammunition against the plaintiffs.
Thank you for your reply.
That is a good statement for the judge to make as it is in your favor. Your response is that the other party keeps committing violations causing excessive litigation, that is why you need sanctions to stop that behavior and perhaps even encourage settlement.
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Customer reply replied 2 years ago
He said "it's your motion so go ahead" and I said "I have nothing to say and that everything I have to say is in the filing. He said "counselor do you have anything..no your honor..ok I will decide in 120 days of my decision."
Thank you for your reply.
That is a good thing it seems if he thinks you have all of the ammunition in what you have presented.
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Customer reply replied 2 years ago
Sent -
NOTICE FST CV08-5009697-S - Attached is the resubmitted reclaim for sanctions for the purpose that the plaintiffs keep committing violations causing excessive litigation, that is why the defendant needs sanctions to stop that behavior and perhaps even encourage settlement.
Good reason for the court, now it is in the judge's hands and you need to give him time to rule and not keep filing more pleadings until he does so.
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Customer reply replied 2 years ago
That was sent to the other side. I was thinking of sending the judge a letter explaining exactly what you said and cc other side jsut so he knows why I am continuing to motion for sanctions?
Customer reply replied 2 years ago
Which I should have said in court like this one from the peoples lawyerhttp://www.filedropper.com/ltrtojudgemeyer20141210162101-01
Thank you for your reply.
You do not need to send it to the judge, he got it when he said what he said to you.
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Customer reply replied 2 years ago
I called the fed clerk and asked where in the stack was our case and that the judge ruled on another case in 4 months but that this one was still going on and I presumed that the judge was waiting for the other side to settle and she said no but that "we are very aware of the case" and I said I didn't want to bother the judge but was just wondering if anything was happening.
Thank you for your reply.
As long as it was in the stack and it is still pending that is good news.
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Customer reply replied 2 years ago
My uncle:SUGGESTIONS I HAVE TWO . ONE PERSISTENCE AND TWO MAKE A LIST OF THE SEVEN OR EIGHT ( MORE OR LESS ) REASONS THAT THE BANK WOULD WANT TO SETTLE . IN OTHER WORDS HOW WOULD IT BENEFIT THE BANK TO CONCEDE AND THEN EXIT THIS LAWSUIT WITH A REASONABLE PAYMENT TO YOU ? IN SHORT , HOW CAN YOU MAKE IT EASIER FOR THEM TO GET RID OF YOU ? GOOD LUCK DAVE
Thank you for your reply
He is not wrong for settlement purposes. However, the reasons have to be financial costs to the bank in letting this suit continue forward.
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Customer reply replied 2 years ago
Should I try to get this admitted as evidence in the fed case?http://www.filedropper.com/fcc-14-59a1
Customer reply replied 2 years ago
Of course he is not a lawyer. I'll focus on the cost to them.
Customer reply replied 2 years ago
State Judge denied motion to open and vacate, without or with no mention of prejudice.
Thank you for your reply.Then that is over, you cannot file again, whether the judge mentioned or did not mention prejudice. You can file an appeal, but honestly at this point you are becoming redundant to the court, so I do not see the appeals court agreeing to overturn this decision. However, you could seek to appeal the judge's denial of your motion.
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Customer reply replied 2 years ago
Do you think this is useful in my case and should I claim that the trial court erred
in taking judicial notice of the disputed facts contained within the recorded documents?http://www.filedropper.com/discussion
Thank you for your reply. No, I do not think it is very useful in your case that the court did not take judicial notice of the disputed facts in recorded material, you had the chance to point that out to the court in your pleadings and that is sufficient
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Customer reply replied 2 years ago
So on appeal of the denial of motion to open &vac do I say the court erred and abused its discretion or just say it is appealed because the judge did not address the reasons for the motion?
Thank you for your reply.Yes, on your appeal you should claim that there was an error and abuse of discretion as the judge did not address the reasons
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Customer reply replied 2 years ago
Thank you. ***** file a for the form I said I didn't get on the default order the court said they sent to me?MOTION FOR FINDING OF ACTUAL NOTICE
and Further Notice Not Necessary v. Long Beach Mtg
RESULT: Granted 11/7/2011 HON JAMES DEVINE
http://civilinquiry.jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=KNLCV116008010S
Thank you for your reply.
No, you do not file for any forms on the default order. You just include that in your appeal if you want that notice was never received. You are really just aggravating the court by continually filing one motion after another. So just argue that you did not ever get a default notice in your appeal.
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Customer reply replied 2 years ago
They last said "We reject your offer". Should I just stay quiet or say:"It seems like there's nothing you can do." What do you recommend with respect to anchoring? One nightmare for employees negotiating salary is when a company asks you to name a price. What's a good way to deal with this tricky question?Voss: The first thing to do is say, very gently, "Are you making me an offer, or are you fishing for information?" That's the first response, and you have to wait to see how they respond from that point forward. Now, understand that in any negotiation, and this is a negotiation like any other, they've got a range of numbers in mind to begin with, and what they're trying to do is they're trying to collect information so that they properly categorize you, and then you land in that range. Now, the harder that you force to get to the top of that range, the less give there's going to be on other issues that might be more important, so it's generally not a good idea to get to the absolute top of that range.But the next thing to ask is, after you've asked a couple of times and you say to the other side, "Alright, I'm sure you have a range in mind." And people are a lot more comfortable responding with a range than responding with a given number. They're much more likely to respond. So what you've done is, you want to continue to be responsive to their question, but you're not putting yourself in a position where you're going to get cornered over a number. And this is not the same thing as stalling. This is responding to different things within what they've said as opposed to ducking the answer entirely. And then, what you should do is, if you know the market, if they're still pushing you, pushing you, pushing you, pushing you and they still haven't thrown a number out, what you need to do then is throw out a range yourself, and it's got to be a high range.Most people only prepare for the numbers, they don't prepare for the emotional dynamics that the negotiation is going to engage in. So this is just simply adding in your preparation, adding a little bit more preparation to understand the emotional dynamics. Like if I ask you for more money than you can pay, you're obviously going to become uncomfortable with that.http://www.theatlantic.com/business/archive/2015/04/ask-a-hostage-negotiator-whats-the-best-way-to-talk-about-a-raise/391943/
Thank you for your reply.
Why would you copy and paste an article to them? You would not want to say anything in that article to them.
If they just said "we reject your offer" then no response is required I am afraid, as there is nothing to do now except wait for the decision from the court on the pending motion before you decide on your next move.
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Customer reply replied 2 years ago
I wouldn't copy and past, that was for you. I would have said that "you rejected our last offer and we have not received a response so it seems like there's nothing you can do. Are you suggesting a different offer or are you fishing for information on a minimum range." ?
Customer reply replied 2 years ago
"Or are you simply waiting for the judge to deny your motion to dismiss?"
Customer reply replied 2 years ago
"Because the longer you wait the higher the probability that the judge will deny your dismissal request"
Customer reply replied 2 years ago
"You have an opportunity to provide a range you would be willing to consider before any decision is made by the judge for consideration."
Customer reply replied 2 years ago
Or "Since your last communication to us was "we reject your offer", it is our feeling that you have decided to wait for the judge to deny your motion to dismiss the case. If we do not hear back from you then we will take it as such and prepare for that option"
No, at this point their message was pretty clear. "we reject your offer" period, end of story. You do nothing more or they will claim you are harassing them (or they will think you are desperate and that will make matters worse), until the motion to dismiss is decided. If you win on the motion to dismiss, then you have much more leverage to come back and force settlement and until then you have nothing, so stop it and be patient. You feel the need to bury people in words and paperwork and all it does is makes them mad at you and more likely to ignore your claims, so stop it with them until you get a decision because hounding them is not going to make them give in and it just turns them off to you.
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Customer reply replied 2 years ago
Roger.
Thank you.
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Customer reply replied 2 years ago
What do you think of this?http://www.filedropper.com/appealtoappellatect5-4-2015
Thank you for your reply.
That is okay, but one thing I did not notice is mention of the fact they filed suit on the wrong contract and that there was a new contract in place that they failed to sue on. Other than that your brief is okay (I am not thrilled with the format and you cutting and pasting entire sections of cases you cite, but that is your preference and style. You should check the format of your case law citations though to make sure they are proper as well.)
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Customer reply replied 2 years ago
You mean cut and paste in the END NOTES?
Thank you for your reply.
Yes, with all of the details from the cases. You really should get to the meat of the legal rule. For example only- The payment of a debt marked "paid in full" and acceptance by the creditor constitutes a satisfaction of the obligation. See: Jones v. Smith, 123 NE 2d 456 (CT 1990). You do not need to copy and paste entire paragraphs from the case to state the simple rule down and dirty as you believe applies to your case.
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Customer reply replied 2 years ago
So explain how each case law applies to my case?
Pretty much yes.
Using my example above for illustration only:
The payment of a debt by check marked paid in full and acceptance by the creditor constitutes full satisfaction of the debt. See: Jones v. Smith, 123 NE 2d 456 (CT 1990). In Jones, the debtor sent a check to the creditor for less than the full amount and the check was clearly marked "paid in full" and the bank subsequently cashed that check. Id (meaning you are citing the same case you just mentioned in the previous sentence). The court held that by the bank cashing that check they agreed payment was indeed in full and thus satisfied the debt. Id. at page 457. In this case Defendant sent a check to the bank for less than the full amount due. The bank cashed that check on X date. As such, by cashing the Plaintiff's check the bank accepted it as payment in full and the debt should be completely satisfied.
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Customer reply replied 2 years ago
How's this?The payment of a debt by check marked paid in full and acceptance by the creditor constitutes full satisfaction of the debt. See: Jones v. Smith, 123 NE 2d 456 (CT 1990).
In Jones, the debtor sent a check to the creditor for less than the full amount and the check was clearly marked "paid in full" and the bank subsequently cashed that check. Id (meaning you are citing the same case you just mentioned in the previous sentence). The court held that by the bank cashing that check they agreed payment was indeed in full and thus satisfied the debt. Id. at page 457.
In this case Defendant sent a check to the bank for less than the full amount due. The bank cashed that check on X date. As such, by cashing the Plaintiff's check the bank accepted it as payment in full and the debt should be completely satisfied.
Customer reply replied 2 years ago
Rather
Thank you for your reply.
You do not have to send me back just what I typed above that you reformatted. This site just has formatting issues so I cannot put everything in format and just send it so you get the idea. You are sending that to me and again (you said to remind you) and it takes me away from other customers and prevents me from answering them.
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Customer reply replied 2 years ago
Sec. 24-25 relates to small claims. It says - ... and if the case does not come within the purview (that which is provided or enacted in a statute, as distinguished from the preamble, the purpose or scope of a statute) of Section 24-24, the clerk shall...I am saying the clerk should have done things they did not due in my case relying on 24-25. Just because it is under small claims section does it mean I can't use it?2009 CT P.B. Sec. 24-25 - Failure of the Defendant to Answer - If the defendant does not file an answer by the answer date, a notice of default shall be sent (no notice of default was ever sent to the Defendant) to all parties or their representatives and if the case does not come within the purview (that which is provided or enacted in a statute, as distinguished from the preamble, the purpose or scope of a statute) of Section 24-24, the clerk shall set a date for hearing (no date was ever set), and the judicial authority shall require the presence of the plaintiff or representative. Notice of the hearing shall be sent to all parties (no notice was ever sent to the Defendant) or their representatives. If a defendant files an answer at any time before a default judgment has been entered (in court the Defendant objected to all of the Plaintiffs complaint verbally which was transcribed which can be interpreted as a filed answer to an unaware first time pro se litigant), including at the time of a scheduled hearing in damages, the default shall be vacated automatically. If the answer is filed at the time of a hearing in damages, the judicial authority shall allow the plaintiff a continuance if requested by the plaintiff, or representative. (P.B. 1978-1997, Sec. 578.)
Thank you for your reply.
Why are you looking at small claims court laws and rules, you are not in small claims court, so those do not apply. You need to look at superior court rules.
Small claims rules do not apply in superior court, you need to look to the superior court rules of civil procedure.
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Customer reply replied 2 years ago
Should I use this in the state case?Sec. 10-25. Alternative Relief - The plaintiff may claim alternative relief, based upon an alternative construction of the cause of action. (P.B. 1978-1997, Sec. 137.)
Do you know what that actually means or are you just throwing it out there?
All that means is that you can argue different theories of recovery in the same case even though they may be opposite theories to one another. You have used the shotgun with birdshot approach already and have raised all of your alternative theories of recovery already.
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Customer reply replied 2 years ago
Do you think this is getting any better?http://www.filedropper.com/appealtoappellatect5-4-2015_1
Thank you for your reply.
I looked at both versions together and did not see much of a real change, but the new one is a little better. The new one is still full of cut and paste commentary from cases in your end notes.
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Customer reply replied 2 years ago
I was trying to provide the judges with all the information so they don't have to look it up?
Thank you for your reply.
That is fine. It is not necessary, but it is okay.
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Customer reply replied 2 years ago
How's this?http://www.filedropper.com/affidavitof
Thank you for your reply.
That is fine. However, if you received notice of the order of default in 2013, did you appeal at that time? If not you need to explain why you did not appeal.
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Customer reply replied 2 years ago
The 2013 was an adjacent case that was withdrawn by the association not the bank.
So what does that have to do with this case you need to tie them together to say why you are talking about that case in conjunction with this case.
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Customer reply replied 2 years ago
They sent me proper notice on the adjacent cases, and at around the same time for one of them, but they did not notice me on the instant case.
Customer reply replied 2 years ago
http://www.filedropper.com/affidavitof_1 ?
Thank you for your reply.
Better than before, yes.
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Customer reply replied 2 years ago
Connecticut General Statutes 52-270 – Causes for which new trials may be granted
Current as of: 2014 | Check for updates | Other versions
(a) The Superior Court may grant a new trial of any action that may come before it, for mispleading, the discovery of new evidence or want of actual notice of the action to any defendant or of a reasonable opportunity to appear and defend, when a just defense in whole or part existed, or the want of actual notice to any plaintiff of the entry of a nonsuit for failure to appear at trial or dismissal for failure to prosecute with reasonable diligence, or for other reasonable cause, according to the usual rules in such cases. The judges of the Superior Court may in addition provide by rule for the granting of new trials upon prompt request in cases where the parties or their counsel have not adequately protected their rights during the original trial of an action.(b) An affidavit signed by any party or his or her attorney shall be presumptive evidence of want of actual notice. ( What does this mean?)
Thank you for your reply.
An affidavit saying you did not receive the notice would be presumed correct unless they can prove otherwise.
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Customer reply replied 2 years ago
is this ok?21. The only time anyone mentioned the Defendant had to file an “Answer”, on information and belief, was on 9-16-2013 which the Defendant did not comprehend and then only on 3-4-2015 when the Defendant read the 9-16-2013 Transcripts, (how was the Defendant was supposed to know how to navigate in the language of advanced law.) See . Not one judge, even the initial judge, ever said that an answer was missing to the Defendant who only found out after reading the 9-16-2013 Transcripts. The court did not view the facts or evidence in the light most favorable to the Defendant.
22. This answer is also late because the Defendant believes that he filed something to the effect of an “answer”, who didn’t even know it was termed “answer” by filing a “reply” where a Defendant would easily consider a reply and an answer one and the same but which the judge, at #123.86 on 05/07/2012, treated as an objection to a motion to open default (where the Defendant had no idea of what that was or what it meant), a default which never existed because an Order was never properly sent. See and see Answer in EXHIBIT J.
That is fine.
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Customer reply replied 2 years ago
How's this?The Plaintiffs filed an ejectment motion against the Defendant while being appealed which the Plaintiffs are challenging during settlement talks where the Defendant is or should be entitled to stay but also because the Plaintiffs will not present a counter offer or a range because they are waiting for the federal judge to grant their motion for dismissal, on a complaint filed by the Defendant, which is highly unlikely.
Thank you for your reply.
No, do not mention settlement, again settlement is not admissible under the code of evidence. You need to focus on the lack of notice to you. What the federal court may do in the motion to dismiss case is your opinion, so that is not proper either.
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Customer reply replied 2 years ago
Thank you. Would you do this?https://www.youtube.com/embed/f1BgzIZRfT8?feature=player_embedded
Not on a bet for tens of millions of dollars.
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Customer reply replied 2 years ago
I cut this down to 10 pages. What would you change?http://www.filedropper.com/appealtoappellatect5-4-2015_2
You previously made such a big deal about the contract being sued on being expired and about there being a different new contract, now you give it one sentence? I would think that you would argue they sued on the wrong contract and that is why another reason this has to be vacated as you were sued on the contract that was no longer in effect.
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Customer reply replied 2 years ago
Should this go?3) A cause of action for legal relief for breach of contract may be joined with another cause of action for equitable relief growing out of another contract, although such contracts in no way relate to each other. (P.B. 1978-1997, Sec. 136.) Sec. 10-24. —Legal and Equitable Relief.
In the instant case, the Plaintiffs breached their contract with the Defendant and thus can receive equitable relief from both contracts of the parties.
Thank you for your reply.
You can argue that in there if you would like.
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Customer reply replied 2 years ago
If they never filed on the 5/1/2009 contract then they missed the statute of limitations of 6 yrs in CT? or thisConnecticut: Statute of Limitations v. Principles of Equityby James Donohue
Bendett & McHugh, PC – USFN Member (CT, ME, VT)Recently the Superior Court of Connecticut, Judicial District of Hartford, found that, as a foreclosure action is an equitable proceeding, the court can still allow a remedy despite the running of any analogous statute of limitations. [Schwarz v. Shefrin, 2011 WL(###) ###-####(Conn. Super. Ct.)]. The defendant DEEK Investment Limited Partnership, who holds a mortgage subordinate to that of the plaintiff’s, moved for summary judgment based on a claim that the plaintiff was barred from foreclosing on the subject mortgage as the statute of limitations had run. The defendant asked the court to apply, by analogy, the adverse possession statute, C.G.S. § 52-575, to foreclosure actions thereby setting a 15-year statute of limitations.The subject note and mortgage were assigned to the plaintiff in 1992. The named defendant was in default from January 1, 1993 through the date of filing of the action in February 2010. In support of its motion, DEEK cites Arnold v. Hollister, 131 Conn. 34 (1944), where the court indicated that the adverse possession statute could be applied, by analogy, as a statute of limitations on foreclosure actions. The court in the present case, however, pointed out that the Arnold court also stated “[t]his is an equitable proceeding to foreclose a mortgage, and the Statute of Limitations does not apply ex proprio vigore [i.e., “of its own force”].” Id., at 38. Additional precedent was found in Federal Deposit Insurance Corporation v. Owen, 88 Conn. App. 806, cert. denied, 275 Conn. 902 (2005), in holding “that a statute of limitations does not bar a mortgage foreclosure … [a] mortgage is enforceable whether or not any person is personally liable for that performance.” Id. at 815. This last part is important to note as it illustrates that the liability attached to the note can be separated from the remedy of foreclosing on the security through the mortgage.The court also looked to Dunham v. Dunham, 204 Conn. 303, 326-327 (1987), for the premise that “in an equitable proceeding, a court may provide a remedy even though the governing statute of limitations has expired, just as it has discretion to dismiss for laches an action initiated within the period of the statute.” Lastly, in looking at the note and mortgage themselves, the court found language that provides the rights of the holder are not vitiated by any lack of enforcement.In denying the motion for summary judgment, the court upholds the tradition that the foreclosure of a mortgage is an equitable proceeding and when a court balances the equities it may take notice of all evidence presented but is bound only by its sense of fairness.
Customer reply replied 2 years ago
and....We are not persuaded that the legislature intended § 49-1, by barring further action "against the person or persons who are liable for the payment thereof," to extinguish the defendants' personal liability as well as their mortgage debt.[25] Restatement (Third), supra, § 1.1, p. 8 ("[a] mortgage is enforceable whether or not any person is personally liable for that performance"). By barring action on the mortgage debt, § 49-1 proscribes a remedy, but does not eliminate the underlying debt. See, e.g., Markham v. Smith, 119 Conn. 355, 359, 176 A. 880 (1935) ("the statute of limitations does not destroy the debt but merely bars the remedy"). Because the statute does not speak to the continued existence of the mortgage debt, it does not supersede the bank's continuing access to equitable foreclosure proceedings.[26]
Well isn't that what you have been arguing?
So you need to be arguing they sued on the wrong contract and missed the date so the remedy by the court was improper and as such that needs to be vacated.
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Customer reply replied 2 years ago
Does this also apply?After acquiring the Property, Abpaymar filed the instant lawsuit to quiet title as to
the Mortgage.
9. Abpaymar’s quiet title suit is founded on the failure of Nationstar to timely
foreclose on the Mortgage after electing to accelerate all the amounts due and owing, which at
the same time advanced the maturity of the Mortgage.
10. Because Nationstar did not timely pursue its judicial remedies, both the applicable
statute of limitations and statute of repose render the Mortgage an invalid lien and justify its
removal from the chain of title. Alternatively, even if this Court somehow believes Abpaymar
cannot quiet title, it should be granted leave to bring an action for declaratory relief, seeking a
declaration that the statute of limitations bars foreclosure of the Mortgage.http://www.stayinmyhome.com/wp-content/uploads/2014/06/ResponsetoMTD-Version-3.pdf
Thank you for your reply.
The argument that the statute of limitations has expired and prevents them from from foreclosure is a good claim.
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Customer reply replied 2 years ago
?Pursuant to General Statutes § 52-270 including Conn. P.B., Sec. 60-1 and Sec. 60-5, inter alta, the Pro Se Defendant-Appellant (“Defendant”) in the above-captioned matter, Lundstedt, respectfully ***** ***** the Appellate Court from the denial from the Trial Court Order in this case as reported on April 27, 2015 in the case Deutsche Bank National Trust Company TTEE for Long Beach Mortgage Loan Trust 2006-10 (“Plaintiff”) v. Lundstedt where the trial court had the authority to determine what constitutes good cause, where the instant case does have good cause, but where the Trial Court failed to consider the facts because the statute of limitations has expired on 5/1/2014 and prevents the Plaintiffs from foreclosure, but also smacks of fraudulent conveyance since the Plaintiffs purposely delayed by not revealing that a new contract existed which further injured the Defendant.
Customer reply replied 2 years ago
but where the Trial Court failed to consider the facts because the statute of limitations has expired on 5/1/2014 on the undisclosed 5/1/2008 new contract and prevents the Plaintiffs from
Thank you for your reply.
If they had filed this suit before 5/1/14, which I thought they had, then you cannot argue the statute of limitations. If they did not file the suit on the new contract until 5/1/14, then your argument would be a valid argument.
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Customer reply replied 2 years ago
?They sued on one contract but then failed to disclose the new contract which had markedly different adhesive terms but they still filed on the old contract, which means the court never had jurisdiction in the instant case to begin with since they filed on an expired contract, but where any claims on the 5/1/2008 contract are no longer valid because they accelerated the loan at that time which is over the six year statute of limitations. If they had filed a suit on the 5/1/2008 mortgage contract and note before 5/1/14, which I thought they had, then you cannot argue the statute of limitations. If they did not file the suit on the new contract until 5/1/14, then the statute of limitations argument would be a valid argument.
Thank you for your reply.
I understand, and the argument is that they sued on the wrong contract and that they never sued under the correct contract until the statute of limitations expired, so you have to prove that.
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Customer reply replied 2 years ago
Is this proof?. As proof, EXHIBIT A shows the summons on the 9/25/2006 contract. EXHIBIT B shows the old contract dated 9/25/2006. EXHIBIT C shows a 5/1/2008 contract on the dwelling. There never was a summons on the new contract.
Thank you for your reply.
Yes, that would be evidence.
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Customer reply replied 2 years ago
What do you think of this?http://www.filedropper.com/appealtoappellatect5-4-20152
Thank you for your reply.
Much better.
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Customer reply replied 2 years ago
ok?... “THE COURT: What’s not one hundred percent clear in my mind is when a judgment of foreclosure is reopened and then reinstated, does the default carry over?”, followed by: “ATTY. KOLAKOWSKI: I believe, it does, first of all. And just to clarify, I believe the judgment was vacated. But nevertheless, Your Honor, the default is the default. The default hasn't changed.” The Defendant would reply to that statement by saying “. But nevertheless, Your Honor, the expired contract is the expired contract. The contract was changed”.
Yes, that is okay. You need to state they are suing on an "invalid contract" and the proper contract was materially different from the invalid contract.
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Customer reply replied 2 years ago
sO, WHAT DO YOU THINK?http://www.filedropper.com/appealtoappellatect5-4-20152binder1
Thank you for your reply.
I think it is okay.
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Customer reply replied 2 years ago
Should I ask for declaratory relief?
You are asking for monetary and declaratory relief to declare the first contract void.
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Customer reply replied 2 years ago
Do I need more case law?
Thank you for your reply.
Adding more case law in your situation NEVER hurts, ever.
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Customer reply replied 2 years ago
can they ask the court to make the 2nd contract void?and declaratory relief to declare the first contract void and the 5/1/2008 contract unsuable. whats another word for unsuable?
Thank you for your reply.
You would ask for the first contract to be void. The second contract could be "time barred" since they did not file suit on that contract in time.
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Customer reply replied 2 years ago
Filing tomorrow. What would you change? Thnxhttp://www.filedropper.com/appealtoappellatect5-4-20152binder2
I would leave it alone and file it as is.
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Customer reply replied 2 years ago
Should I file page 16 as well?http://www.filedropper.com/southridgecapitalmgtllcvpitkin-noticeofappeal
What do you want to file page 16 for? How are you going to file it, that has nothing to really do with your case. If you wanted to use some of their arguments and case law then you should have used it in your brief. Also, that is how a brief should look in reality.
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Customer reply replied 2 years ago
I mean the settlement page 16
Customer reply replied 2 years ago
page 16 on the pdf
Customer reply replied 2 years ago
http://www.filedropper.com/16_2
You mean the statement for preargument conference, you can file and ask for that if you wish one.
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Customer reply replied 2 years ago
why would I want a statement for preargument ?
Thank you for your reply.
Actually, under the new CT appeals rules you have to file the preargument conference statement. A preargument conference main goals are to identify which issues in the appeal have the potential to win, weed out any issues that are unlikely to win, discuss the appellate process, and, most importantly, talk about
resolving the case through settlement.
So you need to file it and it is a way for the appeals court to streamline the appeals process.
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Customer reply replied 2 years ago
OK Final Product?http://www.filedropper.com/appealtoappellatect5-4-20154binder1
Yes, that is fine.
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Customer reply replied 2 years ago
Upon filing the fee waiver and the appeal form, the trial court said they did not need the memorandum because they were going to sent it back to me after it got approved where I would then send the whole thing to the appellate court which gave me more time to edit it. I think this is much better. Is there anything you would rewrite?http://www.filedropper.com/appealtoappellatect5-4-201525
Thank you for your reply. I think it is fine.
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Customer reply replied 2 years ago
Do you see a problem here :2005 Connecticut Code - Sec. 42a-3-118. Statute of limitations.Sec. 42a-3-118. Statute of limitations. (a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.(b) Except as provided in subsection (d) or (e), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten years.(c) Except as provided in subsection (d), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or ten years after the date of the draft, whichever period expires first.(d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or traveler's check must be commenced within three years after demand for payment is made to the acceptor or issuer, as the case may be.(e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed.(f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced (i) within six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or (ii) within six years after the date of the acceptance if the obligation of the acceptor is payable on demand.(g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for conversion of an instrument, for money had and received, or like action based on conversion, (ii) for breach of warranty, or (iii) to enforce an obligation, duty, or right arising under this article and not governed by this section must be commenced within three years after the cause of action accrues.(1959, P.A. 133, S. 3-118; P.A. 91-304, S. 18.)History: P.A. 91-304 entirely replaced former provisions re rules of construction with provisions re statute of limitations.See Secs. 42a-3-103(a)(6), 42a-3-104(e), 42a-3-112, 42a-3-114 and 42a-3-116(a) for successor provisions to Sec. 42a-3-118, revised to 1991, re rules of construction.Annotations to former statute (1958 Rev., S. 39-18): Holder may fill in blank amount with sum not exceeding figures in margin. 13 C. 279. (2) 40 C. 552; (6) 97 C. 315; (7) 90 C. 254.Annotation to former section 39-18: Where note did not specify dates from which interest was to run, interest ran from date of instrument. 149 C. 559.Annotations to present section:Subsec. (a):Since section was revised in 1991 to include a six-year statute of limitations, and is procedural rather than creating a right of action, it is applicable to any action commenced on or after such revision. 60 CA 687. Where an action is commenced more than six years after final payment was due on a promissory note, and action is based on that note, the fact that promissory note served as collateral on a later note does not toll the statute. Id.Cashier's check, in which issuing bank acts as both drawer and drawee, is equivalent to negotiable promissory note payable on demand. 33 CS 641, 644, 645.Subsec. (b):Waiver of statute of limitations included as a delay in enforcement clause at inception of a mortgage note is void and unenforceable. 84 CA 675.Subsec. (e):Cited. 207 C. 483, 493.
Customer reply replied 2 years ago
and :Sec. 42a-3-117. Other agreements affecting instrument. (1366)(Text)Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation. (1367)
Customer reply replied 2 years ago
and :Sec. 42a-2-209. Modification, rescission and waiver. (256)(1-click HTML)(1) An agreement modifying a contract within this article needs no consideration to be binding. (257)(2) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party. (258)(3) The requirements of section 42a-2-201 must be satisfied if the contract as modified is within its provisions. (259)(4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) or (3) it can operate as a waiver. (260)(5) A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver. (261)
Thank you for your reply.
We discussed the statute of limitations issues before and those are not your major arguments anyhow. The other statute regarding modification does not change the fact that they had a new contract that replaced the old one and tried to enforce the old one still is not permissible.
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Customer reply replied 2 years ago
Thank you. Right. How about the ten years in the 2nd paragraph?Sec. 42a-3-118. Statute of limitations. (a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.(b) Except as provided in subsection (d) or (e), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten years.
thank you for your reply.
The 10 years means that if you never paid for 10 years AND they never did anything about that, then that also bars their claim.
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Customer reply replied 2 years ago
But what if you didn't pay for six years and they did nothing for six years?
The law is a bit confusing but the bot***** *****ne is that if you did not make payment for 10 years and they never made a demand for payment the limitation is 10 years.
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Customer reply replied 2 years ago
What ever
I agree with you the law is not as clear as it could be, but you and I do not write those laws.
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Customer reply replied 2 years ago
Can you use this?http://www.uslaw.org/files/Compendiums2012/National/Connecticut_2012.pdf
Thank you for the reference material, it is a handy tool and guide.
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Customer reply replied 2 years ago
Can I use this?Malicious Prosecution Claims and Vexatious Suit Actions
In Connecticut, the causes of action for malicious prosecution and vexatious suit
are essentially identical with reference to claims arising from prior civil lawsuits. The
essential elements of the common law tort are (1) want of probable cause, (2) malice, and
(3) a termination of the suit in the new plaintiff’s favor. OSP, Inc. v. Aetna Cas. & Surety
Co., 256 Conn. 343, 361, 773 A.2d 906 (2001). A withdrawal of the prior action without
consideration or settlement is a termination in favor of the new plaintiff. DeLaurentis v.
New Haven, 220 Conn. 225, 250, 597 A.2d 807 (1991).
The statutory claim for vexatious litigation is set forth in 52-568 and provides for
double damages if the prior action was without probable cause or treble damages if also
with malicious intent to unjustly vex and trouble another person. Accordingly, the
elements of common law claims of vexatious suit and statutory actions are nearly
identical. An action for vexatious suit may be based on a prior administrative action or
complaint terminated in favor of the new plaintiff. A separate statute, 52-568a allows an
action for damages for a groundless suit against an owner or operator of a pick or cutyour-own
agricultural operation.
An action for malicious prosecution ordinarily implies a prior criminal complaint
and requires proof of want of probable cause, malice and termination of the underlying
40
matter in plaintiff’s favor. A plea or agreement to a program of pretrial relief, such as
accelerated rehabilitation, is not a termination in favor of the new plaintiff.
Actions for vexatious suit or malicious prosecution may be brought against an
attorney. The same requirements re want of probable cause apply to such an action.
Suits which all reasonable lawyers agree totally lack merit – that is those which lack
probable cause – are the least meritorious of all meritless suits. Only this subgroup of
meritless suits present no probable cause. Falls Church Group v. Tyler Cooper &
Alcorn, 89 Conn. App. 459, 473-74 (2005), aff’d, 281 Conn. 84, 912 A.2d 1019 (2007).
G) Abuse of Process Claim
It is an abuse of process when a lawyer or person uses a legal process in an
improper manner or to accomplish a purpose for which it was not designed. The use
must be primarily to accomplish a purpose for which it is not designed. Suffield Dev.
Assocs. Ltd. v. Nat’l Loan Investors L.P., 260 Conn. 766, 772-73, 802 A.2d 44 (2002).
An attorney who uses the legal system for an improper purpose may be liable for
damages under this cause of action.
Thank you for your reply.
I do not see the other party in your action being a vexatious litigant. They believe their position has legal justification, just as you believe your position has legal justification.
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Customer reply replied 2 years ago
Keep or take out?In an issue of first impression in this Court, did the Trial Court, on 4/27/2015, err or abuse its discretion, was biased, did not want to deal with the issues, or was running interference for the Plaintiffs benefit when denying the no. 202 Motion to Open and Vacate?
Thank you for your reply.
Take out any allegations about the court. That is not a proper allegation and will only anger the judges. you can ask if the court erred or abused its discretion when denying the motion to open and vacate, but take out the stuff about did not want to deal with the issues or running interference as those are just unsubstantiated allegations that will anger the justices.
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Customer reply replied 2 years ago
What more would you add to the conclusion?CONCLUSION
25. The Court summarily made judgment based on an incorrect or erroneous law or without reviewing the complete facts. The legal basis for the judgment was contrary to law, published court interpretations of law, and legislative intent. Should the Court deny this petition, Defendant respectfully ***** ***** the Court prepare a memorandum for the record, in order to appeal, citing its legal reasoning and factual determination in denying the Defendant due consideration under our due process clause, where the Defendant asks the court to admit as evidence all exhibits A-Z under P.B. Sec. 13-22, inter alta, and Offers of Proof, see Colin C. Tait & Eliot D. Prescott, Tait’s Handbook Of Connecticut Evidence § 1.29.4 (4th ed. 2008).
26. The Defendant asks the court for substantial justice by GRANTING Defendants Motion To Open And Vacate Judgment of Strict Foreclosure where the court has authority to do so, where the Defendant also asks for monetary and declaratory relief to 1) declare the first invalid contract “void” and 2) that the second adhesion contract be "time barred" since Plaintiffs did not file suit on the 5/1/2008 contract in time, see case law in Abpaymar v. Nationstar in EXHIBIT Z, return the property to the Defendant and other relief which would be an amount suitable for Plaintiffs size because they abused the Defendant for seven years non stop.
I would say the court summarily made judgment based on incorrect or erroneous law based on misrepresentations to the court by the plaintiff.
That would be all you can really change here.
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Customer reply replied 2 years ago
Thank you. Do you think this is enough?LEGAL
23. The Plaintiffs sued on the invalid contract and that is another reason this has to be vacated as the Defendant was sued on the contract that was no longer in effect.
24. The Appellate Court has the authority to Open And Vacate Judgment to correct errors which are similar to Wells Fargo Bank, N.A., Trustee V. Michael John Melahn Et Al - for the courts convenience see EXHIBIT Y and Z.
That is good. You need to only attach both the invalid and valid contract to show them which contract is which.
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Customer reply replied 2 years ago
How is this for facts?FACTS
18. The Plaintiffs sued on the wrong contract and this has to be vacated as the
Defendant was sued in bad faith on the invalid contract which released the Defendant on
4/30/2008, where a new 5/1/2008 bad faith Adhesion Contract was, on information and belief,
not disclosed to the court where the court was misled by the Plaintiffs because they wanted to
avoid having to explain why the new contract was needed which lowered the Defendants
interest rate by a meaningless amount, from 11.15% to 10.952%, of 0.189%, while increasing
the new loan amount, which shows their motive for the new contract was to relinquish
themselves of any liability because they asked the Defendant in the new Adhesive Contract to
absolve them of any injuries that had occurred from the invalid contract, which means the
Plaintiffs knew then and know now that the Defendant was injured but, with Willful Negligence
and Reckless Disregard, did nothing, where the Defendants injuries, which he constantly
notified the Plaintiffs of, grew worse as time went on, in fact continues to grow, right up to the
present where the Plaintiffs et al are liable for injuries to the Defendant in and out of court. 13
19. The Plaintiffs let the Defendant hang in suspension of fear and stress for seven
years while WAMU then JPMCB call him hundreds if not thousands of times in what seemed
to be every day or every other day, even after being told to stop, records of which are being
subpoenaed in federal case No. 3:13-CV-1423-JAM. 14
20. As proof of the Plaintiffs actions, the first Summons, dated 12/4/2008, on the
9/25/2006 contract is shown in EXHIBIT R. The first complaint referring to the invalid contract,
dated 9/25/2006, is shown in EXHIBIT S. The invalid contract with a face value of
$1,000,000.00 is shown in EXHIBIT T were as the other contract with a face value of
$1,072,489.41 dated 5/1/2008 is shown in EXHIBIT U. Those are two separate contracts.
There was no Summons or complaint served on the other Contract which was adhesive.
21. The Plaintiffs even delivered, as real, a copy of the invalid contract to the Defendant
and the court when they knew another contract existed creating fraud upon the court hoping
the Defendant had forgotten the existence from five years earlier, which he did, but then the
Defendant only recently discovered it amongst old papers. But then, why would the Plaintiffs
not notice the 5/1/2014 Stature of Limitations date when doing so would jeopardizing the entire
case? Because they where hoping that the court and the Defendant would not find out.
Customer reply replied 2 years ago
The lawyer on the street said to write them a letter listing all the reasons with a lower amount?
Customer reply replied 2 years ago
Rather said to say, Make me an offer I can't refuse".
Thank you for your reply.
You need to realize they flat out refused your last offer. They are not going to entertain any offer from you until the motion to dismiss is decided in the federal case. If you do not wait for that to happen, you are wasting your time sending them another offer.
The facts above are fine.
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Customer reply replied 2 years ago
Thank you. This was filed today.http://www.filedropper.com/appealtoappellatect5-4-201525binder1
Thank you for your reply. Now all you can do is wait and see what happens.
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Customer reply replied 2 years ago
A watched pot never boils.
Customer reply replied 2 years ago
fyihttp://voidjudgments.com/22reasons.htm
Customer reply replied 2 years ago
Does tolling statute of limitations for contracts start running at the origination or at the expiration at the end?
Thank you for your reply.
Tolling of the statute of limitations for contracts would be running from the end of the contract.
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Customer reply replied 2 years ago
So I served the complaint and then got it back and filed. So they have to answer by 6/16/2015. If they do answer then I object? If they don't answer then I file a motion for default for failure to plead and appear? Then what?
Thank you for your reply.
If they do answer then there is nothing to object to. If they answer then the suit proceeds. If they do not answer, then you file a motion for default judgment for failure to answer.
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Customer reply replied 2 years ago
What does this mean?ORDER
ORDER REGARDING:
03/10/2015 194.00 OBJECTION TO MOTION
No Counsel Present. No Parties Present.
The foregoing, having been considered by the Court, is hereby:
ORDER: SUSTAINED
Judicial Notice (JDNO) was sent regarding this order.
409106
Judge: KEVIN TIERNEY
Processed by: Amy MelashviliORDER REGARDING:
02/17/2015 187.00 MOTION FOR SANCTIONS
No Counsel Present. No Parties Present.
The foregoing, having been considered by the Court, is hereby:
ORDER: DENIED
Portions of this motion are illegible. Page 14/22.
The documents attached to this motion are incomplete. Pages 19-22/22.
The order attached to this motion, labeled a Motion for Sanctions, only relates to a stay. Page 10/22.
Although labeled a Motion for Sanctions, it seeks to remove the plaintiff's attorney. The motion does not
meet the requirements of a motion to disqualify counsel. Page 17/22.
Judicial Notice (JDNO) was sent regarding this order.
409106
Judge: KEVIN TIERNEY
Processed by: Amy Melashvili
Thank you for your reply.
It means that the motion is denied and they are telling you the exact reasons why they are denying the motion on their own accord. You knew this motion was a long shot from the beginning. You can correct the issues the court stated above and resubmit it if you want to try it again.
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Customer reply replied 2 years ago
They are protecting the lawyer? Or I'll wait for the lawyer to give me more sh t then file again/
Thank you for your reply.
They are not protecting anyone, but they are saying what you filed somehow was incomplete and I do not remember you asking for the lawyer to be removed, you asked they be sanctioned by money damages and enjoined from continuing their conduct.
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Customer reply replied 2 years ago
It was at the end of a sentence. Anyway, it is keeping the pressure on them for a change.
Thank you for your reply.
You can wait and refile if they commit any other offenses or you can correct what the court stated was wrong with the motion and refile. That is your choice.
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Customer reply replied 2 years ago
They sent back the PRELIMINARY DESIGNATION OF THE PLEADINGS saying it was not required as of 2/1/2013. But I want it included as evidence. Do I file an addendum?PRELIMINARY DESIGNATION OF THE PLEADINGS
1. Pursuant to Connecticut Practice Book § 63-4(a)(2), Defendant-Appellant, Lundstedt
hereby designates the following pleadings which it deems necessary to include in the
record:
2. 101.00 12/18/2008 C Foreclosure Mediation – Eligible Case (No Document)
3. 102.00 12/18/2008 P Foreclosure Mediation Plaintiff’s Compliance With
Service (No Document)
4. 104.00 2/26/2009 P Motion For Default-Failure To Appear (By Defendant
Greenwich Towers, Not Lundstedt Filed By Hunt). Denied 3/4/2009 By The Clerk
5. 105.00 2/26/2009 P Motion For Default-Failure To Plead (Filed By Hunt on
Defendant Lundstedt But Lundstedt Was Improperly Served And Did Not Receive
Notice From Court Or Plaintiff. No Order Or Order No.). Granted 3/12/2009 By Clerk
6. 106.00 3/3/2009 D Disclosure Of No Defense (By Green Towers Filed By Sank)
7. 107.00 3/5/2009 P Demd For Discl Of Defense (On Green Towers Filed By Hunt)
8. 108.00 3/5/2009 P Motion For Default For Failure To Disclose Defense (filed on
Green Towers Filed By Hunt) Result: Granted 11/5/2009 Hon Douglas Mintz
9. 109.00 3/5/2009 P Motion For Judgment-Strict Foreclosure (1st Law Day Lundstedt,
2nd Law Day Greenwich Towers Filed By Hunt Sec 23-17, -16) Result: Off 11/5/2009
Theresa Ferryman (A Ct Prosecutor Of Pedifiles In New London, Not A Judge)
10. 109.86 5/7/2012 C Order Result: Granted 5/7/2012 Hon Douglas Mintz (Order
Regarding: 03/05/09 109.00 Motion For Judgment-Strict Foreclosure The Foregoing,
Having Been Heard By The Court, Is Hereby: Order: Granted Judgment Date:
Monday, May 07, 2012)
11. 110.00 3/23/2009 P Motion For Default-Failure To Appear (On Greenwich Towers
Filed By Hunt)
12. 117.00 12/23/2011 P Affidavit Federal Loss Mitigation Programs (Jd-Cl-114) (Filed
From JPMorgan)
13. 123.00 4/25/2012 D Reply (Response (Or Answer Or Statement) From Defendant
Lundstedt, 43 Pages)
14. 123.86 5/7/2012 C Order No Result: Order 5/7/2012 Hon Douglas Mintz (Order
Regarding: 04/25/12 123.00 Reply Judicial Notice (Jdno) Was Sent Regarding This
Order. The Foregoing, Having Been Heard By The Court, Is Hereby: Order: The
Court Is Considering This Reply As A Motion To Open The Default. The Motion To
Open Default Is Denied.)
15. 126.55 5/7/2012 C Judgment Of Strict Foreclosure Result: 5/7/2012 Hon Mintz
16. 127.86 9/6/2012 C Order Result: Granted 9/6/2012 Hon Kevin Tierney (Order
Regarding: 08/22/2012 127.00 Motion To Open And Vacate Judgment Plaintiff
Present. The Foregoing, Having Been Heard By The Court, Is Hereby: Order:
Granted Short Calendar Results Automated Mailing (Scram) Notice Was Sent On
The Underlying Motion.)
17. 127.87 10/4/2012 C Order Result: Order 10/4/2012 Hon Kevin Tierney (Order
Regarding: 08/22/2012 127.00 Motion To Open And Vacate Judgment The
Foregoing, Having Been Considered By The Court, Is Hereby: Order: Motion To
Open And Vacate Is Granted On 9/6/2012. The Judgment Is Vacated And The Matter
Is Continued Until 1/7/2013. The Matter Must Be Withdrawn On Or Before Said Date,
A New Judgment Entered On Or Before Said Date Or The Court Will Dismiss The
Matter For The Plaintiff’s Failure To Prosecute The Matter. Judicial Notice (Jdno)
Was Sent Regarding This Order. Order No. 409106)
18. 128.00 2/13/2013 C Order Result: Order 2/13/2013 Hon Kevin Tierney (Order No
Parties Or Counsel Present. The Following Order Is Entered In The Above Matter:
Order: This Action Is Dismissed. See Order #127.87. Judicial Notice (Jdno) Was
Sent Regarding This Order. 409106)
19. 140.00 9/12/2013 D Counterclaim (By Lundstedt) Result: Denied 9/16/2013 Truglia
20. 140.86 9/16/2013 C Order Result: Denied 9/16/2013 Hon Anthony Truglia (Order
Regarding: 09/12/2013 140.00 Counterclaim The Foregoing, Having Been Heard By
The Court, Is Hereby: Order: Denied Short Calendar Results Automated Mailing
(Scram) Notice Was Sent On The Underlying Motion. 434450)
21. 160.86 2/19/2014 C Order Result: Order 2/19/2014 Hon Kevin Tierney (01/28/2014
160.00 Objection No Parties Or Counsel Present. The Foregoing, Having Been
Considered By The Court, Is Hereby: Order: This Objection #160.00 Is Not Ready To
Be Heard Until The Underlying Motion Is Heard. The Underlying Motion Is For A
Deficiency Judgment #148.00. That Motion Has Not Been Assigned And Marked
Ready. The Notice Of Computation Of Debt, Disclosure Of Expert Witness And
Statement Of Value With Appraisal #156.00 Is Filed In Support Of #148.00. When
Motion #148.00 Is Heard, The Court Shall Hear #156.00 Notice And #160.00
Objection At The Same Hearing. Judicial Notice (Jdno) Was Sent Regarding This
Order. 409106)
22. 191.00 3/2/2015 D Motion For Sanctions (Against Plaintiffs)
Respectfully submitted,
Customer reply replied 2 years ago
Court said to look at 67-2Sec. 67-2. Format of Briefs and Appendices;
Copies; Electronic Briefing Requirement
(Applicable to appeals filed on or after July 1, 2013.)
(Amended Jan. 29, 2009, to take effect March 1, 2009;
amended June 5, 2013, to take effect July 1, 2013; amended
June 18, 2014, to take effect Sept. 1, 2014.)
(a) Original briefs and appendices shall be typewritten
or clearly photocopied from a typewritten
original on white 8
1/2 by 11 inch paper. Unless
ordered otherwise, briefs shall be copied on one
side of the page only. Appendices may be copied
on both sides of the page. The page number for
briefs and appendices shall be centered on the
bottom of each page. The brief shall be fully double
spaced and shall not exceed three lines to the
vertical inch or twenty-seven lines to the page;
footnotes and block quotations may, however, be
single spaced. Only the following two typefaces,
of 12 point or larger size, are approved for use in
briefs: arial and univers. Each page of a brief or
appendix shall have as a minimum the following
margins: top, 1 inch; left, 1 and 1/4 inch; right, 1/2
inch; and bottom, 1 inch. Briefs and appendices
shall be firmly bound 1/4 inch from the left side,
at points approximately 1/4,
1/2 and 3/4 of the length
of the page, so as to make an easily opened
volume.
(b) When possible, parts one and two of the
appendix shall be bound together. In addition,
parts one and two of the appendix may be bound
together with the brief. When, however, binding
the brief and appendix together would affect the
integrity of the binding, the appendix shall be
bound separately from the brief. When either part
of the appendix exceeds one hundred and fifty
pages, parts one and two of the appendix shall
be separately bound.
(c) An appendix shall be paginated separately
from the brief. The appendix shall be numbered
465
 Copyrighted by the Secretary of the State of the State of Connecticut
consecutively, beginning with the first page of part
one and ending with the last page of part two,
and preceded by the letter ‘‘A’’ (e.g., A1 . . . A25
. . . A53). An appendix shall have an index of
the names of witnesses whose testimony is cited
within it. If any part of the testimony of a witness
is omitted, this shall be indicated by asterisks.
After giving the name of a witness, the party who
called that witness shall be designated, and it shall
be stated whether the testimony quoted was given
on direct, cross or other examination.
(d) If constitutional provisions, statutes, ordinances,
regulations or portions of the transcript
are contained in an appendix, they may be reproduced
in their original form so long as the document
is not reduced to less than 75 percent of its
original form.
(e) Briefs and separately bound appendices
shall have a suitable front cover of heavy paper
in the color indicated: briefs for appellants and
plaintiffs in error, light blue; briefs for appellees
and defendants in error, pink; reply briefs, white;
briefs for amicus curiae, light green. Covers of
briefs filed for cross appeals shall be of the same
color as indicated for that party on the original
appeal briefs. If a supplemental brief is ordered
or permitted by the court, the cover shall be the
same color as indicated for that party’s original
brief. A back cover is not necessary; however, if
one is used, it must be white.
(f) Briefs and separately bound appendices
must bear on the cover, in the following order,
from the top of the page: (1) the name of the court;
(2) the number of the case; (3) the name of the
case as it appears in the judgment file of the trial
court; (4) the nature of the brief (e.g., brief of the
defendant-appellant; brief of the plaintiff-appellee
on the appeal and of the plaintiff-cross appellant
on the cross appeal); and (5) the name, address,
telephone and facsimile numbers and e-mail
address of individual counsel who is to argue the
appeal and, if different, the name, address, telephone
and facsimile numbers and e-mail address
of the party’s counsel of record. The foregoing
shall be displayed in the upper case of an arial
or univers typeface of 12 point or larger size.
(g) Every attorney filing a brief shall submit an
electronic version of the brief and appendix in
accordance with guidelines established by the
court and published on the Judicial Branch website.
The electronic version shall be submitted
prior to the timely filing of the party’s paper brief
and appendix pursuant to subsection (h) of this
section. A party who is not represented by counsel
is not required to submit an electronic version of
his or her brief and appendix. Counsel must certify
Sec. 67-2 RULES OF APPELLATE PROCEDURE
that electronically submitted briefs and appendices:
(1) have been delivered electronically to the
last known e-mail address of each counsel of
record for whom an e-mail address has been provided;
and (2) have been redacted or do not contain
any names or other personal identifying
information that is prohib
Customer reply replied 2 years ago
Never mind. that is for the brief, if assigned.
Yes, it is for the brief if assigned.
You can include the information as an exhibit when you file.
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Customer reply replied 2 years ago
So the ICSystem that I am suing for $580,000 for calling me 29 times after I told them to stop just called me and tried to argue then offered me $2000 before they were going to hire local counsel. So I said not and they said do you want to counter my $2000. I said $490,000.
Thank you for your reply.
Okay, so as long as they are still talking with you there may be hope. Realistically, your suit could cost them $100,000 in attorney's fees, so you need to point out that to them eventually as you negotiate back and forth, if they choose to continue to negotiate.
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Customer reply replied 2 years ago
CT fine is $20,000 per call and Fed is $1500. I take it that I would object to this?http://www.filedropper.com/removaltofed
Customer reply replied 2 years ago
28 U.S. Code § 1331 - Federal questionThe district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.I filed under state but mentioned that the also violated fed.
This is a concurrent jurisdiction issue. You can file this in state court and can seek the state court penalty as well, since the state penalty is more severe.
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Customer reply replied 2 years ago
So do I object to the state court. The Defendants are using 1446 to stop the state until the case is remanded so I object to the state court?
Thank you for your reply
You want the case to stay in state court, since damages are higher under CT law than federal law and you argue concurrent jurisdiction.
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Customer reply replied 2 years ago
In an objection to the fed or state court
The objection to wherever they are trying to move it. If they are trying to move it to federal court then you object there.
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Customer reply replied 2 years ago
should I say - where the Plaintiff has another TCPA case pending in federal court?
Thank you for your reply.
You can point that out, yes.
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Customer reply replied 2 years ago
How's this so far?OBJECTION TO REMOVAL OF STATE CASE NO. FST-CV15-5014755 TO
UNITED STATES DISTRICT COURT OF CONNECTICUTThe Plaintiff Objects to the Defendants complete removal of the Connecticut State Superior Court case No. FST-CV15-5014755 (Lundstedt v. I.C. System, Inc.) to federal district court for the following reasons:
1. The Pro Se Plaintiff is suing the Defendants in Connecticut Superior Court under state law although the Plaintiff did mention federal statutes in his complaint dated April 16, 2015 yet intended to only file in state court under state law, but also where the Plaintiff has another TCPA case pending in the same federal district court.
2. The Defendant may have the option to have the case heard in federal court as well, but the federal TCPA Act gives concurrent jurisdiction to state and federal courts which the Plaintiff summarized in his complaint under Jurisdiction on page 5, see EXHIBIT A, where the Supreme Court of the United States, in Mims v. Arrow Financial Services, LLC, stated the following: “We hold, therefore, that federal and state courts have concurrent jurisdiction over private suits arising under the TCPA”, and as such, the Plaintiff exercises this rule in the instant federal and state cases,
3. Under End Note iii on page 24, see EXHIBIT B, the Supreme Court found that the Act “also permits a private person to seek redress for violations of the Act or regulations “in an appropriate court of [a] State,” “If [such an action is] otherwise permitted by the laws or rules of court of [that] State.” 47 U.S.C. 227(b)(3), (c)(5), which the Plaintiff filed with his complaint under Exhibit A as Public Act No. 14-53, CTGS Section 42-288a, An Act Prohibiting unsolicited Commercial Text Messages and Increasing Penalties for Violations of the Do Not Call Registry, which the Plaintiff registered in 2011.
Thank you for your reply.
That is fine.
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Customer reply replied 2 years ago
How's this final?http://www.filedropper.com/objectiontoremovalbinder1
Thank you for your reply.
That is fine.
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Customer reply replied 2 years ago
Can you find any case law on Public Act No. 14-53, CTGS Section 42-288a, An Act Prohibiting unsolicited Commercial
Text Messages and Increasing Penalties for Violations of the Do Not Call Registry and the $20,000 penalty in CT?
Customer reply replied 2 years ago
I can't.
Customer reply replied 2 years ago
or what are words to search and how do you pick words to search?
You need to search the law number itself and also the name of the act if the law number does not come up. If not search "harassment" and "Text" and "telemarketer" and see what comes up.
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Customer reply replied 2 years ago
Nothing.
that is not surprising since the law has only been in effect since 2014, so perhaps cases may not have made it to court as I am finding nothing either.
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Customer reply replied 2 years ago
This final final was filed today http://www.filedropper.com/objectiontoremovalbinder1_1fyi
Thank you. ***** that will work.
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Customer reply replied 2 years ago
The banks have 20 days past 5-20-2015 to object to the appealed motion to open and vacate which is 6-9-2015. They have 6 days to respond and if they don't then they will hopefully concede?
Thank you for your reply.
Even if they do not respond, the court has the final discretion on reopening and vacating the judgment, so the fact they do not respond does not prevent the court from denying it on their own.
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Customer reply replied 2 years ago
If they fraudulently concealed the proper contract could I bring criminal charges?http://www.filedropper.com/bankfraud18Fraudulent Concealment Rule
If a defendant fraudulently conceals a cause of action from the
plaintiff, the cause of action will not accrue until the plaintiff
discovers the existence of the cause of action (Conn. Gen. Stat.
§ 52–595 (2012)). To prove fraudulent concealment, a plaintiff
must demonstrate that:
„ The defendant had actual awareness, rather than imputed
knowledge, of the facts necessary to establish the cause of
action.
„ The defendant intentionally concealed those facts from the
plaintiff.
„ The defendant concealed those facts for the purpose of
obtaining delay on the part of the plaintiff in filing a cause of
action against the defendant.
(Falls Church Grp., Ltd. v. Tyler, Cooper & Alcorn, LLP, 912 A.2d
1019, 1032-33 (Conn. 2007)).Continuous Course of Conduct
In an ongoing relationship, lawsuits may be premature because
individual tortious acts or omissions can be difficult to identify
and can still be remedied (Watts v. Chittenden, 22 A.3d 1214,
1220 (Conn. 2011)). Therefore, a statute of limitations may
be tolled under the continuous course of conduct doctrine. To
support a finding of a continuous course of conduct:
„ The defendant must commit an initial wrong on the plaintiff.
„ There must be evidence of that the defendant breached
a duty that remained in existence after commission of the
original wrong.
(Watts, at 1220.)
Thank you for your reply.
You could present the evidence to the Attorney General and the District Attorney's offices and it is solely up to them as to whether or not they will pursue any criminal charges. They rarely do and refer matters to the civil courts, but it is a chance.
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Customer reply replied 2 years ago
Should I respond to this small claims answer?http://www.filedropper.com/choice4
Thank you for your reply.
There is nothing to really respond to as it is a general denial and their defense. At this point your next step is, knowing what their defense is, to be prepared to present evidence and witnesses to counter those defenses.
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Customer reply replied 2 years ago
But not file it?
Thank you for your reply.
No, there is nothing to file. This is small claims court, the next thing that comes is the trial and that is where you present your evidence and witnesses.
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Customer reply replied 2 years ago
What does this ahole have up his sleeve?My response:I told you to stop emailing me. Cease and desist. If your firm wants to communicate with me then put it in writing and sign it.
----- Original Message -----
From: Pierre-Yves Kolakowski
To: '*****@******.***'
Cc:***@******.*** ; Annabelle Machado-Costa ;***@******.*** ;***@******.***
Sent: Thursday, June 04, 2015 4:25 PM
Subject: Deutsche Bank Nat. Trust Co. as Trustee v. LundstedtPeter,As set forth in our June 11, 2013 Appearance in this matter, a copy of which is attached, our firm did not agree to accept service of pleadings electronically. Accordingly, you are required to serve hard copies of all pleadings filed in this matter, including those filed in the Appellate or Supreme Courts. Please insure that you do so.
Pierre Y. Kolakowski, Esq.
Partner
Zeichner Ellman and Krause LLP*****
Greenwich, Connecticut 06830
Tel.(###) ###-####Fax(###) ###-####
Thank you for your reply.
What he wants is you to serve them hard copies and not electronically, he is making you go through the proper service procedure and not going to make it easy for you.
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Customer reply replied 2 years ago
They returned the appeal for corrections AC 37961.
Thank you for your reply.
You making your corrections I hope and turning it back around to send back in.
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Customer reply replied 2 years ago
Of course. Thank you.;
Good.
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Customer reply replied 2 years ago
Is this order ect normall?http://www.filedropper.com/appealtoappellateorder622015binder1
Thank you for your reply.
Go look above at my statements to you about the format you insisted on using. I have sent you links over and over again, but you choose to keep using your own format that you want to use, regardless of what I keep sending you. While what you have done lately is better, it does not conform to the proper formats I kept sending you and now what is going on is the appellate court is calling you out on it and will not accept your format.
So you now have a choice, go back and use the links and samples I gave you and follow those formats exactly and STOP using your own format you keep going to or you could lose this matter completely.
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Customer reply replied 2 years ago
Everything was fine, I just sent in too much. All they need is the preliminary stmt of the issues which I had labeled as stmt of questions for review and a certification which I did.
Thank you for your reply.
Yes, that is part of your formatting, it makes everything unclear as to what you are filing. Also, go back up in my 100 or so replies where I kept telling you not to keep filing a million things. I know what they are saying, but I am telling you that you need to stop fighting doing things the right way and insist on putting your own "twist" or "spin" to make it look the way you want it to look. These formats are approved by the court, they do not want them changed because the formats make it easier for the court to follow.
You and your format are making it virtually a nightmare for the court to follow and while the court is trying to follow, they are seeming to get tired of it at this point, so you would do yourself a huge favor in your case to go back to the links and samples I sent you and follow them RIGIDLY.
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Customer reply replied 2 years ago
This is all they wanted:http://www.filedropper.com/appealtoappellatect5-4-201525stmtofissues
Thank you for your reply.
They wanted you to clarify that, but if you read what they wrote, it is because your pleadings are so convoluted using a format they are not happy with. You could be still avoiding all of the double work, extra work and court misunderstandings by following the book (so to speak) and not making up your own book.
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Customer reply replied 2 years ago
They don't like pro se's wasting their time with errors in filing. When is your next vacation?
They also do not like pro se because the way their write their briefs do not follow the proper format and can be hard to follow and also because they write volumes where attorneys stick to the issues briefly (they are called legal briefs not novels, as courts say).
No vacation, I have some client trips coming up at the end of June and in July.
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Customer reply replied 2 years ago
So does this need IRAC?
Customer reply replied 2 years ago
http://www.filedropper.com/appealtoappellatect5-4-201525stmtofissues_1
That is fine, except for why was the court incorrect in relying on the case you cite in #5.
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Customer reply replied 2 years ago
This is only stating the issues. Why is for the brief.Did you give me this?
http://www.filedropper.com/how2rite-legal
You need to give them a very brief reason, one sentence as to why the court incorrectly relied on that case. They incorrectly relied on the case because .... not a novel or even a paragraph, expounding on it is for the brief.
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Customer reply replied 2 years ago
I suppose I should take this out?First Impression
The initial presentation to, or examination by, a court of a particular Question of Law.
A case is labeled of the first impression when it sets forth a completely original issue of law for decision by the court. Such a case cannot be decided by reliance on any existing precedent, law formulated in a prior case decided on a comparable question of law, or similar facts.
You do not need that in there
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Customer reply replied 2 years ago
Hows this? Should I add to this?http://www.filedropper.com/appealtoappellatect5-4-201525stmtofissues_2
That is good. It is only meant to be a clear and brief statement to the court of each issue you want them to decide, again it is not supposed to be a novel.
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Customer reply replied 2 years ago
What other issues should I add?
I think you have hit your issues in the case that you have complained about in every pleading you have filed.
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Customer reply replied 2 years ago
Sec. 63-4. Additional Papers to Be Filed by
Appellant and Appellee when Filing Appeal
(Applicable to appeals filed on or after July 1, 2013.)
(a) At the time the appellant sends a copy of
the endorsed appeal form and the docket sheet
to the appellate clerk, the appellant shall also send
the appellate clerk an original of the following:
(1) A preliminary statement of the issues
intended for presentation on appeal.What are these?If any appellee wishes to:
(A) present for review alternative
grounds upon which the judgment may be
affirmed;
(B) present for review adverse rulings
or decisions of the court which should be considered
on appeal in the event the appellant is
awarded a new trial; or
(C) claim that a new trial
rather than a directed judgment should be ordered
if the appellant is successful on the appeal, that
appellee shall file a preliminary statement of
issues within twenty days from the filing of the
appellant’s preliminary statement of the issues.
Whenever the failure to identify an issue in a
preliminary statement of issues prejudices an
opposing party, the court may refuse to consider
such issue.
Thank you for your reply.
A) That is telling you that you can raise another legal theory other than what you already argued as to why you should win.
B) Is telling you that if there are other adverse rulings against you and you are given a new trial, then the court will review those.
C) That says that the court can give you a new trial or simply overturn or rule on your case.
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Customer reply replied 2 years ago
So I don't need them?
At this point I do not believe so, no.
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Customer reply replied 2 years ago
What is the best word when a contract expires, Termination?
Customer reply replied 2 years ago
Expired?
Ended?
Customer reply replied 2 years ago
The 9/25/2006 contract became void at 12:00 am on 5/1/2008. The Plaintiffs served and filed papers on the voided contract on 12/08/2008. Was the 9/25/2006 contract invalid because the 9/25/2006 contract had expired and released the Defendant on 4/30/2008? Did the court lack jurisdiction because of that?
Customer reply replied 2 years ago
Forget that. These are the two most important sentences in the past 7 years. How would an appellate attorney rewrite these in legal language that the judges might respond favorably to?PRELIMINARY STATEMENT OF THE ISSUES
1. Is the 9/25/2006 contract that Plaintiffs served the complaint upon on 12/8/2008 invalid
because it had already expired and released the Defendant seven months earlier on 4/30/2008
and is the 9/25/2006 invalid contract void? Did the court lack jurisdiction because of that?2. Did the Plaintiffs fail to serve the Defendant on another 5/1/2008 Adhesion contract and
did the six year statute of limitations run out on 5/1/2014 because they failed to sue on the that
contract? Did the court lack jurisdiction because of that?
Thank you for your reply.
The contract is expired if it ended on its own. If it was cancelled by a party, it was terminated.
IS the 9/25/2006 contract that Plaintiffs sued upon invalid as it had expired on 4/30/2008 and was replaced with a new contract?
If the 9/25/2006 contract is expired and as such no longer enforceable, does the the plaintiff fail to state a claim upon which relief can be granted and did the court err in ruling on the invalid contract?
Did the Plaintiff's failure to file a complaint and serve the Defendant on the contract from 5/1/2008 cause the 6 year statute of limitations to expire on 5/1/2014?
If statute of limitations expired did the court lack jurisdiction over the time barred complaint?
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Customer reply replied 2 years ago
Is this better or worse terminology?Is the 9/25/2006 contract that Plaintiffs sued upon invalid as it was terminated by the Plaintiffs on 4/30/2008 and was replaced with a new contract?If the 9/25/2006 contract was terminated on 4/30/2008 by the Plaintiffs and no longer enforceable, does the the plaintiff fail to state a claim upon which relief can be granted and did the court err in ruling on the invalid and voided contract?
You just love putting your own words together. That is fine.
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Customer reply replied 2 years ago
We'll go with yours.
Customer reply replied 2 years ago
How would an appellate attorney rewrite these in legal language that the judges might respond favorably to do you think? Thank you.5. The Defendant did not receive the default notice to plead. Was the Trial Courts questionable Default Judgment for Failure to Plead in the instant case, at No. 105, invalid because there was no default order correctly sent on 3/12/2009 nor received by the Defendant where the Defendant was notified on another case around the same time on the same type of motion? Did the court lack jurisdiction because of that?
6. The Court erred by relying on the attorney's information if not correct. Did the Default Judgment for Failure to Plead at No. 105 expire on 10/04/2012 because it should not have been “carried over” at the Vacature of Judgment on 10/04/2012 or even more so when the entire case was dismissed on 02/13/2013 or where an Official Notice Motion for Default JD-CL-66ST Rev. 9-08 P.B. 17-20 “Notice” was not properly sent to nor received by the Defendant in the instant case, where the Trial judge did not know what the law was on “carry over of defaults” because he said so where the court then ruled on unverified information given by Plaintiffs attorney? Did the court lack jurisdiction because of that?
You are going to ask me to spend the time again to write it and then you are going to change it and remember, I am not an employee of this site, I am doing this for you for nothing.
Defendant submitted a response to the plaintiff's pleading on X date. Defendant was never notified the response was not sufficient and was never given notice of any default proceeding. Since the defendant received no notice of his pleading being deficient and no notice of default, is the default judgment invalid?
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Customer reply replied 2 years ago
I'll make a deposit.
It is appreciated considering all of the time we spend going back and forth.
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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).

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