The hearing was brutal. They made me the very last case so no one else was there to hear, and I stupidly didn't have any witnesses with me like I did last time. I was told you always want 2 witnesses with you on hearings but it's easier said than done. Would that have helped me? I don't get why the judge would allow me to amend my answer but then deny me discovery on the issues I raised in the amended answer. I can't say I'm surprised - I had a similar joke of a hearing in the past in small claims. CA courts are too corrupt.
On the Motion to Compel, I asked bank to admit they no longer had the receivables. I also asked if they transferred the receivables to another entity. Judge says "What do you mean by receivables? It's very vague." I said, the bank talks about it in their own SEC filings, that they tranfer the receivables to trusts on a non-recourse basis as part of their ordinary business practices, they then transfer the economic risk of non payment. I said, if the bank thinks the words are synonymous, why don't they just answer the requests as asked instead of using the term debt? Judge says they don't need to answer about receivables, they said they still own the debt and have not transferred the debt. I said, you mean it's enough for them to merely state legal conclusions without facts or documents backing them up? Judge says yes.
We hadn't even got to the Motion to Propound Additional Discovery, he walks out of the courtroom, telling me he is denying all. Then I get the minutes on the hearing that he denied that motion too although he never heard it in reality- he walked out before I could ask about it. The court assistant tells me there is no recording on what was discussed. I needed to provide someone to do that myself if I wanted it and get it pre-arranged with court. So there is no proof on the joke of discussions in the hearing.
Lost on Motion to Compel and Motion to Propound Additional Discovery hearing
Splash · July 10, 2026
4 replies
Splash · July 10, 2026
Ran out of space (continued)
Stupid AI told me I'd be charged $60 for Motion to Compel, but I found out when it was too late, and I was already filing that it is $60 for EACH category of Motion to Compel . So that was $240 down the drain for a joke of a hearing. The trial isn't until Jan 2028 but I already know I lost. Going to see if I could try some other thing, not within the court system - too hard to go up against the corruption.
A friend told me to try a complaint against attorney using BAR Rule 3.7 where attorneys cannot be witnesses and advocates at the same time. The bank probably has this too covered already but I could give it a try.
It's interesting how some here got their cases dismissed. I guess courts in other states are not as corrupt as CA. Would anything else have helped? I did everything correctly to the tee and yet...brian · July 10, 2026
The system is not kind to debtors with a natural bias from judges in my opinion. Sounds like you worked hard. Is an appeal and option? Its the only way a judge (or re-election) can be fought if he carries that bias.
Splash · July 10, 2026
I guess the judge can't let my discovery get too far or the bank's fraud would get exposed. I don't think appeal is a real option and reconsideration request would not do anything for me. I'm surprised the bank is willing to fight it this far when it's not a large amount.
What do you think of BAR complaint on the Rule that prohibits lawyers from being both witnesses and advocates? Since they didn't do an Affidavit, but they had a signed page by the bank's Litigation Assistant that they have read and verified the discovery responses of the attorney. Is that enough to meet the BAR requirement? or are they trying to fool me that that is enough?brian · July 19, 2026
If you have the rule or regulatory violation clearly violated, you can use that where appropriate but pick your battles that are low hanging fruit that continues your message rather than fighting for a hill that you might not want to die upon. Stay in your message. My two cents.
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The people posting here are using the same tools you would be, on cases like this one.