What is the name of your state? California
I've filed a suit for fraud and breach of contract. The named defendants answered with a General Denial. Great. I believe they are criminals but could not get the police to act because they told me it was not enough money but if I knew of other victims, let them know. I was advised to file a lawsuit. Too much money for small claims so I went to unlimited superior court.
All's well with the world except the defendants (an LLC and principal member) do not show up or respond to anything. They won't respond to my attempts to meet and confer. Did not attend the Case Management Conference. Did not answer my interrogatories or respond at all. Did not attend my Motion to Compel hearing. Did not obey the court order to answer my interrogatories nor did they pay the sanctions to me the court ordered. Now we have a trial setting hearing and I am quite certain they will not bless us with their presence there.
I am pro per (pro se) because I cannot afford the quotes I received from attorneys. If I knew where the money was (I'm told there was a partner in all of this) I might be able to secure an attorney on a contingency.
Now, I am aware that I can file for terminating sanctions. I am aware I can keep getting the court to award monetary sanctions that the defendants will simply ignore. Heck, I can probably even get a default. But right now, I want the information I am asking for in discovery. As I said, I believe this to be criminal and even if it weren't winning is still not going to get me paid. This person/company uses PO boxes for addresses and unlisted voice mail with no way of being certain who you are calling. They are in effect in hiding and have been for some time. Of course I want to win and believe I can win even if I went to trial, but I also want to know the facts of the case and (can you believe it?) justice. There are several possibilties of winning against the two named defendants and then going after the other folks. Trust me, I am not trying to make this harder on myself but there is no way to tell all details here. I must have the info I am seeking in discovery.
To make it more interesting, and therefore me more determined, they used the same terminology in their letters to me (before the suit) as what the US Treasury Department is putting warnings out about for the Nigerian 419 scam and various international scams. Things the US Secret Service is handling. Personally, I think there is something bigger underneath. (For the curious, in the Nigerian scam, there is always an "anti-terrorist certificate" and various other certificates needed by banks (since 9/11) in order to release funds. This always comes up later in the game but makes it crystal clear to me this was a scam. The defendants were using these terms long before I could even find a reference to it on the web. Now a google search reaps tons of these scams with that catch phrase.)
So, I want the folks (defendants) who do not believe they must obey court orders or the laws of California to be found in contempt and made (as best the court can) to start participating.
I am trying deperately to find exact procedure for filing/getting an Order to Show Cause for Contempt. Easy if you are in family court but darn mysterious if you aren't.
Yes, I go to the law library and have looked at pleading and practice and Civil Procedure before Trial. Very helpful. But not everything.
Although the info is not in one place, here's what I think I know to do:
1.Write a Declaration under penalty of perjury & an Order to Show Cause.
2.Schedule a hearing date with the court clerk.
3.Take the documents to filing clerk and get judges signature.
4.Send a notice (?) to the other party at least 21 days prior to hearing.
Do I need something else? Cover sheet, blue back, a delaration explaining my case in detail? Will I give oral testimony or do I need to write a brief? Is the notice the same kind one writes for motions? I know I need to send this via process server/sheriff/friend. I just want to make sure all my t's are crossed and i's dotted.
Also, why are so many attorneys against this? Is it because they believe the judge won't like it? I don't mind do tough things, I just want to know what my obstacles are so I can figure out how to overcome them.
Is there a better way to compel someone to behave? Defendants don't care about money sanctions and I want to know who is behind all this. Also, if I do get a bench warrant, will the sheriff go out of their way to find them?
Thanks
I've filed a suit for fraud and breach of contract. The named defendants answered with a General Denial. Great. I believe they are criminals but could not get the police to act because they told me it was not enough money but if I knew of other victims, let them know. I was advised to file a lawsuit. Too much money for small claims so I went to unlimited superior court.
All's well with the world except the defendants (an LLC and principal member) do not show up or respond to anything. They won't respond to my attempts to meet and confer. Did not attend the Case Management Conference. Did not answer my interrogatories or respond at all. Did not attend my Motion to Compel hearing. Did not obey the court order to answer my interrogatories nor did they pay the sanctions to me the court ordered. Now we have a trial setting hearing and I am quite certain they will not bless us with their presence there.
I am pro per (pro se) because I cannot afford the quotes I received from attorneys. If I knew where the money was (I'm told there was a partner in all of this) I might be able to secure an attorney on a contingency.
Now, I am aware that I can file for terminating sanctions. I am aware I can keep getting the court to award monetary sanctions that the defendants will simply ignore. Heck, I can probably even get a default. But right now, I want the information I am asking for in discovery. As I said, I believe this to be criminal and even if it weren't winning is still not going to get me paid. This person/company uses PO boxes for addresses and unlisted voice mail with no way of being certain who you are calling. They are in effect in hiding and have been for some time. Of course I want to win and believe I can win even if I went to trial, but I also want to know the facts of the case and (can you believe it?) justice. There are several possibilties of winning against the two named defendants and then going after the other folks. Trust me, I am not trying to make this harder on myself but there is no way to tell all details here. I must have the info I am seeking in discovery.
To make it more interesting, and therefore me more determined, they used the same terminology in their letters to me (before the suit) as what the US Treasury Department is putting warnings out about for the Nigerian 419 scam and various international scams. Things the US Secret Service is handling. Personally, I think there is something bigger underneath. (For the curious, in the Nigerian scam, there is always an "anti-terrorist certificate" and various other certificates needed by banks (since 9/11) in order to release funds. This always comes up later in the game but makes it crystal clear to me this was a scam. The defendants were using these terms long before I could even find a reference to it on the web. Now a google search reaps tons of these scams with that catch phrase.)
So, I want the folks (defendants) who do not believe they must obey court orders or the laws of California to be found in contempt and made (as best the court can) to start participating.
I am trying deperately to find exact procedure for filing/getting an Order to Show Cause for Contempt. Easy if you are in family court but darn mysterious if you aren't.
Yes, I go to the law library and have looked at pleading and practice and Civil Procedure before Trial. Very helpful. But not everything.
Although the info is not in one place, here's what I think I know to do:
1.Write a Declaration under penalty of perjury & an Order to Show Cause.
2.Schedule a hearing date with the court clerk.
3.Take the documents to filing clerk and get judges signature.
4.Send a notice (?) to the other party at least 21 days prior to hearing.
Do I need something else? Cover sheet, blue back, a delaration explaining my case in detail? Will I give oral testimony or do I need to write a brief? Is the notice the same kind one writes for motions? I know I need to send this via process server/sheriff/friend. I just want to make sure all my t's are crossed and i's dotted.
Also, why are so many attorneys against this? Is it because they believe the judge won't like it? I don't mind do tough things, I just want to know what my obstacles are so I can figure out how to overcome them.
Is there a better way to compel someone to behave? Defendants don't care about money sanctions and I want to know who is behind all this. Also, if I do get a bench warrant, will the sheriff go out of their way to find them?
Thanks
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