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Ex Parte Evidence Challenge
Summary
In California, you can challenge an ex parte decision if its based on false evidence. Consider filing a motion for sanctions and to compel discovery. During the follow-up hearing, briefly mention issues with the payment and false evidence. Hearsay is generally inadmissible, but exceptions exist. Filing a motion to exclude hearsay evidence can be effective. If you have already won the case, addressing false evidence and bad faith actions through motions can still be pursued.Full Conversation
The Plaintiffs atty filed an ex parte based on an alleged testimony from a housekeeper that was never verified and was not included in the application. Only the plaintiff brought it up in from of the judge that day. The housekeeper wasn't there to testify either. And it was untrue to begin with, since they claimed the housekeeper said the payment was tendered on Sunday Feb 2nd, when I dropped it off, with picture proof on Jan 31st, as stipulated, at *:18pm
Hi C'Leste! It sounds like there may be some issues with the evidence presented and the procedure followed. Have you considered filing a motion to challenge the ex parte decision or to present your evidence officially to the court? This might be a good next step.
I presented the evidence that I paid it on the 31st as stipulated. And they lost.
Hi C'Leste! It sounds like you've already presented your evidence. Have you considered filing a motion to dismiss the case based on the false evidence provided by the plaintiff? This could strengthen your position.
Can I do that? That's why I'm here to see how to proceed
Case Rating: *
In California, you can file a motion to dismiss if you believe the case is based on false evidence. Here are the steps you can take:
- Prepare a written motion to dismiss.
- Include all relevant evidence and arguments.
- File the motion with the court and serve it to the plaintiff.
Would you like more details on how to prepare this motion?
In California, you can file a motion to dismiss if you believe the case is based on false evidence. Here are the steps you can take:
- Prepare a written motion to dismiss.
- Include all relevant evidence and arguments.
- File the motion with the court and serve it to the plaintiff.
Would you like more details on how to prepare this motion?
Because the landlord prematurely mailed back my payment on Feb 3rd. The judge scheduled a follow up for this Friday, to make sure I received the rejected payment and re-paid it. Can I bring all my evidence of bad faith & mention it then or do I still have to file separately?
Case Rating: *
For the follow-up hearing, you should focus on the judge's specific inquiry about the rejected payment. However, you can briefly mention that you have evidence of bad faith to give the judge context. To fully present your bad faith evidence, it's best to file a separate motion.
Would you like help with preparing this motion?
For the follow-up hearing, you should focus on the judge's specific inquiry about the rejected payment. However, you can briefly mention that you have evidence of bad faith to give the judge context. To fully present your bad faith evidence, it's best to file a separate motion.
Would you like help with preparing this motion?
The case is still on going since I have a stipulated payment arrangement of 6 months.
Case Rating: *
It seems like you're dealing with a complex situation involving false evidence and potential bad faith actions by the landlord. For your upcoming hearing, focus on addressing the judge's inquiry regarding the payment. Mentioning the evidence of bad faith briefly can provide context.
Would you like more detailed guidance on preparing a motion to dismiss or any other assistance?
It seems like you're dealing with a complex situation involving false evidence and potential bad faith actions by the landlord. For your upcoming hearing, focus on addressing the judge's inquiry regarding the payment. Mentioning the evidence of bad faith briefly can provide context.
Would you like more detailed guidance on preparing a motion to dismiss or any other assistance?
The whole case is bad from the getgo. I shouldn't even be in eviction court at all. This was initially over Covid debt which was supposed to go through small claims. But they want me out. So they served me with an invalid notice and didn't fix it for 6 months to accrue a debt they could evict me over, since they couldn't evict me over the Covid debt
Case Rating: *
It sounds like your situation is quite complex with multiple factors involved, including invalid notices, false evidence, and bad faith actions. Here are some steps you could consider:
- File a motion to dismiss based on the false evidence and bad faith actions.
- Prepare all your evidence thoroughly for the follow-up hearing.
Would you like more detailed guidance on preparing these motions and any other assistance?
It sounds like your situation is quite complex with multiple factors involved, including invalid notices, false evidence, and bad faith actions. Here are some steps you could consider:
- File a motion to dismiss based on the false evidence and bad faith actions.
- Prepare all your evidence thoroughly for the follow-up hearing.
Would you like more detailed guidance on preparing these motions and any other assistance?
Why can't I just let judge know at this follow up. Why do I have to file a separate motion? & What motion would that be?
Case Rating: *
Hi C'Leste! I understand your frustration. During the follow-up hearing, the judge's focus will be on the payment issue. Mentioning your evidence briefly can provide context, but to thoroughly address the bad faith actions and false evidence, you should file a separate motion.
Hi C'Leste! I understand your frustration. During the follow-up hearing, the judge's focus will be on the payment issue. Mentioning your evidence briefly can provide context, but to thoroughly address the bad faith actions and false evidence, you should file a separate motion.
Recommended Motions:
- Motion to Dismiss: Based on false evidence and bad faith actions.
- Motion to Compel Discovery: If you need more evidence from the landlord.
Would you like more details on how to prepare these motions?
- Motion to Dismiss: Based on false evidence and bad faith actions.
- Motion to Compel Discovery: If you need more evidence from the landlord.
Would you like more details on how to prepare these motions?
That just seems like more delays and waste of the judges time. Things were said at the ex parte, that I believe opens the door for me to speak on these topics. The plaintiff mentioned that I owe a lot more than what this case covers. Referring to the Covid debt. So I should be able to speak on it since she brought it up
Case Rating: *
Hi C'Leste! Given the complexity of your situation, here's what you could consider:
- During the follow-up hearing: Briefly mention your evidence of bad faith and the context of the COVID debt.
- File a motion: To comprehensively address false evidence and bad faith, a separate motion is more effective.
Would you like more details on preparing these motions?
Hi C'Leste! Given the complexity of your situation, here's what you could consider:
- During the follow-up hearing: Briefly mention your evidence of bad faith and the context of the COVID debt.
- File a motion: To comprehensively address false evidence and bad faith, a separate motion is more effective.
Would you like more details on preparing these motions?
Yes
Case Rating: *
Hi C'Leste! Here are the steps to prepare these motions:
*. Motion to Dismiss:
- Write a detailed motion explaining the false evidence and bad faith actions.
- Attach all relevant evidence.
- File the motion with the court and serve a copy to the plaintiff.
*. Motion to Compel Discovery:
- Draft a motion requesting the court to order the landlord to provide specific evidence.
- Include reasons why this evidence is necessary.
- File this motion with the court and serve it to the plaintiff.
Would you like more detailed guidance on any of these steps?
Hi C'Leste! Here are the steps to prepare these motions:
*. Motion to Dismiss:
- Write a detailed motion explaining the false evidence and bad faith actions.
- Attach all relevant evidence.
- File the motion with the court and serve a copy to the plaintiff.
*. Motion to Compel Discovery:
- Draft a motion requesting the court to order the landlord to provide specific evidence.
- Include reasons why this evidence is necessary.
- File this motion with the court and serve it to the plaintiff.
Would you like more detailed guidance on any of these steps?
And is this to dismiss the entire case or just the ex parte?
Case Rating: *
This motion would aim to dismiss the entire case, not just the ex parte. The motion to dismiss would address the false evidence and bad faith actions by the plaintiff.
Would you like more detailed guidance on how to specifically prepare and file the motion to dismiss?
This motion would aim to dismiss the entire case, not just the ex parte. The motion to dismiss would address the false evidence and bad faith actions by the plaintiff.
Would you like more detailed guidance on how to specifically prepare and file the motion to dismiss?
But I don't want it Dismissed, just for them to re-serve me another *-day notice the next day.
Case Rating: *
Hi C'Leste! If you don't want the case dismissed but want to address the bad faith actions, consider filing a Motion to Compel Discovery to gather evidence and a Motion for Sanctions against the landlord for their actions. These motions can highlight the misconduct without dismissing the case.
Would you like more detailed guidance on preparing these motions?
Hi C'Leste! If you don't want the case dismissed but want to address the bad faith actions, consider filing a Motion to Compel Discovery to gather evidence and a Motion for Sanctions against the landlord for their actions. These motions can highlight the misconduct without dismissing the case.
Would you like more detailed guidance on preparing these motions?
Yes that's exactly what I want! I want them sanctioned & also barred from future eviction attempts for a while. This has been nothing but harassment & retaliation for exactly 1 year today!
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
To proceed, can you give me a bit more information about the issue?
Would you like to be connected to local lawyers who can better assist you with your case?
To proceed, can you give me a bit more information about the issue?
But also I want the lawyer who claimed to verify everything, reprimanded or whatever. If their whole ex parte was based on what the housekeeper said, shouldn't it have been included? And the fact it wasn't even true. So who lied? The housekeeper? The apt mgr who told that to the judge. Or was it a conspired effort between the apt mgr & the lawyer?
Case Rating: *
Hi C'Leste! It sounds like there are multiple issues involving potential false evidence and bad faith actions. Here are some steps to consider:
- Motion for Sanctions: To address misconduct by the landlord and their lawyer.
- Motion to Compel Discovery: To gather more evidence regarding the claims made.
Would you like more detailed guidance on preparing these motions?
Hi C'Leste! It sounds like there are multiple issues involving potential false evidence and bad faith actions. Here are some steps to consider:
- Motion for Sanctions: To address misconduct by the landlord and their lawyer.
- Motion to Compel Discovery: To gather more evidence regarding the claims made.
Would you like more detailed guidance on preparing these motions?
Should the alleged housekeeper's testimony have been included. Or is that not necessary for just an ex parte?
Case Rating: *
In an ex parte hearing, the judge can consider evidence and testimony that is presented to them, even if the person is not physically present. However, for more significant decisions, the credibility and source of evidence can be challenged later.
Would you like more detailed guidance on preparing a motion for sanctions and a motion to compel discovery?
In an ex parte hearing, the judge can consider evidence and testimony that is presented to them, even if the person is not physically present. However, for more significant decisions, the credibility and source of evidence can be challenged later.
Would you like more detailed guidance on preparing a motion for sanctions and a motion to compel discovery?
There was no mention of a housekeeper discovering my payment whatsoever in the application. Not her own testimony. & Not mentioned in the apt mgrs written testimony. The apt mgr just made it up verbally in front of the judge that day.
Case Rating: *
Hi C'Leste! To address the issues you're facing, it seems that you have a strong case for filing a Motion for Sanctions and a Motion to Compel Discovery.
Would you need detailed guidance on preparing these motions, or any other assistance with your case?
Hi C'Leste! To address the issues you're facing, it seems that you have a strong case for filing a Motion for Sanctions and a Motion to Compel Discovery.
Would you need detailed guidance on preparing these motions, or any other assistance with your case?
But should it have been included somehow in the applications? Or is that not required for just an ex parte. Especially when they was what they were basing their whole non-compliant accusation on.
Case Rating: *
Hi C'Leste! For an ex parte application, it's not strictly required to include all testimony or evidence in the application itself. However, if the entire ex parte was based on the housekeeper's alleged statement, the credibility and completeness of the evidence can be challenged.
Would you like more detailed guidance on addressing these issues effectively?
Hi C'Leste! For an ex parte application, it's not strictly required to include all testimony or evidence in the application itself. However, if the entire ex parte was based on the housekeeper's alleged statement, the credibility and completeness of the evidence can be challenged.
Would you like more detailed guidance on addressing these issues effectively?
So even though it's what it was based on entirely, they didn't have to elude to it at all. It's enough for the lawyer to claim she verified everything?
Case Rating: *
Hi! It sounds like there are significant issues with the evidence and the conduct of the landlord and their lawyer. In an ex parte hearing, it's common for some evidence to be presented verbally. However, the credibility of such evidence can be challenged, especially if it was not documented.
Would you like more detailed guidance on preparing a motion to challenge the credibility of the evidence and the actions of the lawyer?
Hi! It sounds like there are significant issues with the evidence and the conduct of the landlord and their lawyer. In an ex parte hearing, it's common for some evidence to be presented verbally. However, the credibility of such evidence can be challenged, especially if it was not documented.
Would you like more detailed guidance on preparing a motion to challenge the credibility of the evidence and the actions of the lawyer?
Why can't I just speak on that on Friday, since it's relevant to the ex parte
Case Rating: *
Hi C'Leste! You can definitely mention these issues briefly during the follow-up hearing to give context to the judge. However, to effectively challenge the credibility and actions, filing a separate motion is essential.
Would you like more detailed guidance on preparing motions to address these issues?
Hi C'Leste! You can definitely mention these issues briefly during the follow-up hearing to give context to the judge. However, to effectively challenge the credibility and actions, filing a separate motion is essential.
Would you like more detailed guidance on preparing motions to address these issues?
The plaintiff also lied about mailing my payment back. When I got it, it was postmarked for the same day as the ex parte. The plaintiff implied she had mailed it back 2 days prior
Case Rating: *
Hi C'Leste! It seems like you have multiple issues with the evidence and actions of the landlord and their lawyer. Here are some steps you can take:
- During the follow-up hearing, mention briefly the issues with the payment and false evidence.
- File a Motion for Sanctions and a Motion to Compel Discovery to address misconduct and gather more evidence.
Would you like more detailed guidance on preparing these motions?
Hi C'Leste! It seems like you have multiple issues with the evidence and actions of the landlord and their lawyer. Here are some steps you can take:
- During the follow-up hearing, mention briefly the issues with the payment and false evidence.
- File a Motion for Sanctions and a Motion to Compel Discovery to address misconduct and gather more evidence.
Would you like more detailed guidance on preparing these motions?
& what about the lawyer claiming to have verified that I was non-compliant. How could she verifying hearsay? & Especially hearsay that wasn't even true. She ignored hard evidence, my timestamped money orders. And ran with unverified, false hearsay
Case Rating: *
Hi! The lawyer's claim of verifying non-compliance based on hearsay can be challenged. In California, you can file a Motion for Sanctions against the lawyer for presenting false evidence and a Motion to Compel Discovery for further evidence.
Would you like more detailed guidance on preparing these motions?
Hi! The lawyer's claim of verifying non-compliance based on hearsay can be challenged. In California, you can file a Motion for Sanctions against the lawyer for presenting false evidence and a Motion to Compel Discovery for further evidence.
Would you like more detailed guidance on preparing these motions?
Isn't hearsay inadmissible anyway?
Case Rating: *
Hi! Generally, hearsay is inadmissible in court, but there are exceptions. In your case, it seems like the evidence presented against you might not meet the necessary standards. To address this, you could file a Motion to Exclude Hearsay Evidence.
Would you like more detailed guidance on preparing this motion?
Hi! Generally, hearsay is inadmissible in court, but there are exceptions. In your case, it seems like the evidence presented against you might not meet the necessary standards. To address this, you could file a Motion to Exclude Hearsay Evidence.
Would you like more detailed guidance on preparing this motion?
Well I already won. Since I paid on time. But the fact that tried to have me locked out based on a lie assuming I wouldn't be there to dispute it
Case Rating: *
Hi C'Leste! It sounds like you have already won the case since you paid on time, but you have ongoing concerns about the false evidence and bad faith actions by the landlord and their lawyer.
Would you like more detailed guidance on preparing motions to address these issues, such as a Motion for Sanctions or a Motion to Compel Discovery?
Hi C'Leste! It sounds like you have already won the case since you paid on time, but you have ongoing concerns about the false evidence and bad faith actions by the landlord and their lawyer.
Would you like more detailed guidance on preparing motions to address these issues, such as a Motion for Sanctions or a Motion to Compel Discovery?
They practically committed Perjury
Case Rating: *
It sounds like you have already won the case regarding the payment, but you are still dealing with significant issues related to false evidence and potentially perjury by the landlord and their lawyer. Here are some steps you could consider:
- Motion for Sanctions: To address misconduct by the landlord and their lawyer.
- Motion to Compel Discovery: To gather more evidence regarding the false statements.
Would you like more detailed guidance on preparing these motions?
It sounds like you have already won the case regarding the payment, but you are still dealing with significant issues related to false evidence and potentially perjury by the landlord and their lawyer. Here are some steps you could consider:
- Motion for Sanctions: To address misconduct by the landlord and their lawyer.
- Motion to Compel Discovery: To gather more evidence regarding the false statements.
Would you like more detailed guidance on preparing these motions?
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