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CA superior court civil suit question

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CAron

Junior Member
California, I would be the plaintiff
Self representation in CA Superior court. If I present a good case do I have a fighting chance? Or do I need to know a lot of legal terminology? Do judges frown on self representation in such cases?

Any suggestion on legal resource material would be appreciated.

Former girl friend renigs on a verbal agreement involving a shady deal to acquire Citibank reward purchasing points.

The allegations: The lady I was living with wrongfully converted cash of sorts I gave her to her possession even though per our verbal agreement the money was mine, was only to be controlled by me and was to return to me at the end of meeting the obligations of the bank requirements in order to earn the “thankyou” rewards purchasing points. The Citibank offer was for new account holders only so I could not open such accounts to take advantage of the Citibank offer.

With my bank cashiers check she opened the proper checking & savings accounts in her name only which I was fine with. She gave me all bank documents pertaining to opening the accounts. To meet the requirements of the offer I had to make 2 electronic bill payments per month for 3 consecutive months. I internet accessed the accounts to make 6 electronic payments to my credit cards and I paid 2 rent checks to her using checks from the account. I also drew one electronic check from the account to pay a bill. At the end of meeting the obligations to acquire the “thankyou” points 4 months from opening the accounts she requested I move out of her house and is claiming I illegally accessed the accounts.

Evidence I have indicating the money was mine, the original bank check receipt with on the back written “Rodneys money for thankyou rewards points”, on the front indicates the bank, dollar amount, from “my name”, to “her name”. My 2 rent payments to her using checks from the account. My hand written journal of account activities. The bank promotion advertisement. Account activity records which I would need an attorney to subpoena the records from the bank through the courts. Dollar amount involved $26,000 less my withdrawals equals $24,500

I had an attorney send her a demand letter. She responded with I illegally accessed the money and stole property from her in the process of moving out. She claims she has pictures of me stealing her property. I did not steal anything and I doubt she has any pictures of me removing her property and placing it into my possession. I have a clean background check, excellent credit rating and no debt.
 
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While her "defense" right now is lousy (As in, it's not a defense.), you don't have a killer case either. No one on the jury or the judge likes switchy-switchy, look here it is, look there it is, hide the ball explanations for money transactions. If both go pro per, you might win. If she gets an attorney, you will have to as well.
 

CAron

Junior Member
An Attorney

While her "defense" right now is lousy (As in, it's not a defense.), you don't have a killer case either. No one on the jury or the judge likes switchy-switchy, look here it is, look there it is, hide the ball explanations for money transactions. If both go pro per, you might win. If she gets an attorney, you will have to as well.
She would be hiring an attorney. The same one she had when her previous husband tried to sue her for a portion of the value of the house she was making payments on. Attorneys are expensive so I am asking you in such a case where are they most necessary. Knowing how to respond to legal terminology as it arises? Knowing how to present a convincing case? Her attorney would make me look like a lire and thief with little effort? Judges and juries look down on self representation in such a case?
Trial by jury-who calls for it the judge, plaintiff or defendants attorney?
 
Court is not an each person tell their story kind of thing. You will not even get to court without an attorney if she has one in this type of situation. They will be able to deny any evidence procedurally and you won't be able to stop it.

You can try, but you will get all clogged up right from the start.
 

Zigner

Senior Member, Non-Attorney
So, you're suing her because she didn't hold up her end of the bargain in your attempt to defraud the bank?
 

CAron

Junior Member
Defrauding the bank

So, you're suing her because she didn't hold up her end of the bargain in your attempt to defraud the bank?
Basically you are correct. I suspect I deserve a jerk of the year award and a judge would award me accordingly if I went to trial. Regardless of the evidence that she accepted the money and opened the accounts in accordance with the credit card company offer.
 

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