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motion for default judgment on complaint

Posted: Mon Feb 25, 2013 9:36 pm
by Yahoo Bot

Kirk:
default judgment is given, generally, without a reply. Minimum is one bit
of evidence on each part of the prima facia case. But keep in mind you
have to convince the judge. You must provide enough evidence to convince
the judge. Forget one part of the prima facia case, and you get a denial.
AV lawyer writes 100 pages one each part of the prima facia case ;-). BV
lawyer a bit more than the minimum.
d
On Sun, Feb 17, 2013 at 10:29 AM, Kirk Brennan wrote:
> **
>
>
> I'm struggling with procedural aspects of a motion for default judgment.
> Case is before a judge who requires admissible evidence in support of a
> motion for default judgment.
> How much evidence in support of the counts of the complaint is generally
> provided with the motion? Do you treat it like a trial and lay out all the
> evidence? Or is this more than necessary?
>
> Thanks,
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
>
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>
Kirk:default judgment is given, generally, without a reply. Minimum is one bit of evidence on each part of the prima facia case. But keep in mind you have to convince the judge. You must provide enough evidence to convince the judge. Forget one part of the prima facia case, and you get a denial. AV lawyer writes 100 pages one each part of the prima facia case ;-). BV lawyer a bit more than the minimum.
dOn Sun, Feb 17, 2013 at 10:29 AM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
I'm struggling with procedural aspects of a motion for default judgment.Case is before a judge who requires admissible evidence in support of a motion for default judgment.
How much evidence in support of the counts of the complaint is generally provided with the motion? Do you treat it like a trial and lay out all the evidence? Or is this more than necessary?
Thanks,://www.calibankruptcysite.com" target"_blank">www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
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motion for default judgment on complaint

Posted: Sun Feb 17, 2013 11:36 am
by Yahoo Bot

charsetndows-1252
Review rule 55, and 7055. I believe that the default itself admits liability and the motion for default judgment only requires admissible evidence of the amount. Sometimes it is difficult to separate the two, but you are almost certain to need testimony by declaration and authentication of exhibits (although you may get some slack since there is no one to object to inadmissible evidence; just don't push that idea too hard).
And of course you are using LBR form F7055-1.2
Jason Wallach
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Avenue, Suite 300
Marina del Rey CA 90292
(310) 821-9000
www.gladstonemichel.com
jwallach@gladstonemichel.com
On Feb 17, 2013, at 10:29 AM, Kirk Brennan wrote:
I'm struggling with procedural aspects of a motion for default judgment.
Case is before a judge who requires admissible evidence in support of a motion for default judgment.
How much evidence in support of the counts of the complaint is generally provided with the motion? Do you treat it like a trial and lay out all the evidence? Or is this more than necessary?
Thanks,
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
charsetndows-1252
Review rule 55, and 7055. I believe that the default itself admits liability and the motion for default judgment only requires admissible evidence of the amount. Sometimes it is difficult to separate the two, but you are almost certain to need testimony by declaration and authentication of exhibits (although you may get some slack since there is no one to object to inadmissible evidence; just don't push that idea too hard).And of course you are using LBR form F7055-1.2
Jason WallachGladstone Michel Weisberg Willner & Sloane, ALC4551 Glencoe Avenue, Suite 300Marina del Rey CA 90292(310) 821-9000www.gladstonemichel.com
On Feb 17, 2013, at 10:29 AM, Kirk Brennan wrote:

I'm struggling with procedural aspects of a motion for default judgment.Case is before a judge who requires admissible evidence in support of a motion for default judgment.How much evidence in support of the counts of the complaint is generally provided with the motion? Do you treat it like a trial and lay out all the evidence? Or is this more than necessary?
Thanks,://www.calibankruptcysite.com/" target"_blank">www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

The post was migrated from Yahoo.

motion for default judgment on complaint

Posted: Sun Feb 17, 2013 10:29 am
by Yahoo Bot

I'm struggling with procedural aspects of a motion for default judgment.
Case is before a judge who requires admissible evidence in support of a
motion for default judgment.
How much evidence in support of the counts of the complaint is generally
provided with the motion? Do you treat it like a trial and lay out all the
evidence? Or is this more than necessary?
Thanks,
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
I'm struggling with procedural aspects of a motion for default judgment.Case is before a judge who requires admissible evidence in support of a motion for default judgment.How much evidence in support of the counts of the complaint is generally provided with the motion? Do you treat it like a trial and lay out all the evidence? Or is this more than necessary?
Thanks,://www.calibankruptcysite.com" target"_blank">www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

The post was migrated from Yahoo.