Suing Your Creditors > Sample Pleadings

Statement of Appeal

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--- Quote from: lisser on April 22, 2012   11:49:44 PM ---Yes.

The judge said, "Today is just not your day, I find your motions (MTC and MIOSJ) nothing more than a delay tactic."

The Plaintiff argued waiver due to litigation conduct yet the judge made his own decision based on delay.

I can send you my MIOSJ if you PM me your email so you can see what the judge ruled against.

--- End quote ---
I would state the Judge can't change the terms and conditions of the contract.

I'm arguing misuse of judicial discretion.

Do you think this is the proper umbrella for that?

Absent evidence on the record that suggests that the pleadings were frivolous, it IS an example of exceeding judicial authority.

I doubt that an appeals court will find your motion frivolous.

Here's something interesting to consider.

In the mail yesterday I received the "Case History" from the District Court Clerk.

As you all already know the case history is a timeline that shows everything that has been filed to the court by each party.

My case history shows the complaint was filed on 4/14/11.

I was served on 6/30/11.

I filed my answer on 7/12/11.

From here the case history is dead until 11/3/11 when the plaintiff files "NOE to All Counsel of Record and Parties Not Represented by Counsel." I do not know what this is but I do have a "Notice of Service" document from the Plaintiff that is dated 11/1/11 that says, "take notice of the service of the responses of the plaintiff's, by counsel, to defendant's first set of interrogatories."

Next the case record has on 12/5/11 I filed a "correspondence." This correspondence is me sending a letter to the Plaintiff telling them I elect arbitration to solve this matter.

Also on 12/5/11 the case record shows the Plaintiff filed the "First requests for production directed to the defendant." Along with my letter/correspondence electing arbitration I filed my general denials to the rogs stating arbitration had been elected to resolve.

From 12/5/11 to 3/19/12 the case record is silent however during this time the Plaintiff sent me a letter stating that they had "recruited" their own arbitrator and asked me to send them $100 for half of their recruit's fee.

To this I objected and chose AAA. The Plaintiff then wrote back saying that I was avoiding the claim. I responded by filing a MTC.

On 3/19/12 the case record shows that I filed a MTD/Alternatively stay pending arbitration.

On 3/30/12 the case record shows the Plaintiff filed MSJ.

On 4/9/12 the case record shows I filed my MIOSJ.

On 4/15/12 Scheduled Event-motion hour

4/17/12 Civil docket-Motion for SJ granted, Defendant motion denied.

4/19/12 Notice of Appeal Defendant

If there is any delay it's on the part of the Plaintiff. They were silent from 7/12/11 to 11/3/11 and again from 12/5/11 to 3/19/12.

I'd also argue that they tried to arbitrate the claim and failed to follow the contract.

They cannot choose an arbitrator who is not listed as part of the contract. They chose to ignore the proper process, did they not?

So in essence, they did participate in arbitration.

The appeal needs to frame all the pertinent information. I would include everything from the MTC to their SJ "hearsay" evidence.


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