Re: [tips_and_tricks] [Fwd: Motions in court (civil suit)]
- In a message dated 1/2/2006 12:21:22 PM Pacific Standard Time, rudi2396@... writes:
As some of you know I am to be in court this Tuesday Jan 3nd, this is in reguards to a "credit card suit" an atty has brought against me. I filed "Motion To Dismiss" and " Motion for Sanstions and Legal Expenses" to be heard on the 3nd "at my request".
I set the hearing for the 3nd. In the mail the other day I got a letter "Order for Mediated Settlement Conf in Superior court and trial Calendar Notice" tenative trial date Aug, 2006.
My question is do I still go? I am new at this and need some guidance!
I just don't know what to do or what not to do!
I have put in some good "Motions" and have gotten back some good things from my "Counterclaimant's First request for Admissions" at which I put in my "Motion To Dismiss" w/an attachment of what I filed eariler "Amended Affid in Support of motion for Emergency Stay and in support of All Pleadings and Motions in This Case" and in this motion I put in that I have not been presented any doc's or evidence and so on and so on and I have been "harassed" and damaged! and w/that I put in a "Memorandum Of Law" w/all kinds of case law!
It looks as though the atty has asked for a "mediator"
Well would someone be so kind as to give me some input????? I feel as if i really need to go on the 3nd. Or is it a waste of time? can I file another "motion" to get the judge to do what he is suppost to do? and that is to "grant my motions
I haven't seen your documents but mediation is not final. You don't have to accept it's decision. You can still go into court and slug it out with the attorney.
I'd recommend that you go and see what they intend to do then if you don't like the decision reject it.
This is what I'd do but your state laws may be different.