What. the. heck. (Binky's declaration)

[summerdawn]

Oh my Summer not that anyone who has read your posts did not expect or see this coming but my God.

Oh you so need to distance yourself from this at least mentally if not physically.

My heart bleeds for your kids, they are so young and this is bound to escalate until such time as these people think they have exhausted you and you are going to roll over.

Good luck sweetheart, I know that there are two sides to every story but I the differences on the events of the other night over the coat are astonding.

I see there is no mention of the harrassment via phone to you maybe it's time to call the phone company and get those records....

This is a good idea. I have been getting TONS of hang up calls too since the incident and I don't know if it's MIL or not-but I wasn't getting them before.

 

[CJane]

Make this work for you.

Rule 12(B) Motion To Dismiss Form

 

[summerdawn]

Make this work for you.

Rule 12(B) Motion To Dismiss Form

I'm going to see if I can find the equivalent of that to fill and print out on the California self help form site. Thank you.

 

[frylover]

OK Senior Genuises (or whatever the plural of genuis is!)

I'm just curious about something. Is all that "wah, wah, poor little me" drivel the proper form for presenting something to the court? Since Jessica Rabbit's family has a legal backround I would think they would have all the i's dotted and t's crossed, but it just doesn't sound like anything I've read here that was posted by "the smart people." )I'm guessing that's why CJane called it incomprehensible.)

Like I said, just curious. I like to learn!

 

[wileybunch]

I was wondering if there was more to the motion myself or if this was all there was.

 

[Isis1]

OK Senior Genuises (or whatever the plural of genuis is!)

I'm just curious about something. Is all that "wah, wah, poor little me" drivel the proper form for presenting something to the court? Since Jessica Rabbit's family has a legal backround I would think they would have all the i's dotted and t's crossed, but it just doesn't sound like anything I've read here that was posted by "the smart people." )I'm guessing that's why CJane called it incomprehensible.)

Like I said, just curious. I like to learn!

proper? no. i would not be able to understand any judge that would love to read all that. but being CA is very pro se, it might be overlooked. i've seen it read, and tossed.

 

[CJane]

OK Senior Genuises (or whatever the plural of genuis is!)

I'm just curious about something. Is all that "wah, wah, poor little me" drivel the proper form for presenting something to the court? Since Jessica Rabbit's family has a legal backround I would think they would have all the i's dotted and t's crossed, but it just doesn't sound like anything I've read here that was posted by "the smart people." )I'm guessing that's why CJane called it incomprehensible.)

Like I said, just curious. I like to learn!

It wouldn't be proper here, but CA is its own lil planet. I'll defer to CC if she shows up here.

 

[summerdawn]

OK Senior Genuises (or whatever the plural of genuis is!)

I'm just curious about something. Is all that "wah, wah, poor little me" drivel the proper form for presenting something to the court? Since Jessica Rabbit's family has a legal backround I would think they would have all the i's dotted and t's crossed, but it just doesn't sound like anything I've read here that was posted by "the smart people." )I'm guessing that's why CJane called it incomprehensible.)

Like I said, just curious. I like to learn!

I was wondering the same thing. A lot of it seemed very emotional and I was taught here that it should be straight and to the point. It was prefaced by some legal mumbo jumbo about declarations and codes of civil procdure allowing him to testify on paper rather than personal testimony-that was about two paragraphs-but the actual declaration was what I wrote.

Hey, look. I'm an accidental senior.

 

[CJane]

I was wondering the same thing. A lot of it seemed very emotional and I was taught here that it should be straight and to the point. It was prefaced by some legal mumbo jumbo about declarations and codes of civil procdure allowing him to testify on paper rather than personal testimony-that was about two paragraphs-but the actual declaration was what I wrote.

Hey, look. I'm an accidental senior.

WHY did they state he should be allowed to testify on paper?

 

[summerdawn]

They dd that on the last motion as well, they put the same thing, verbatim in the first two paragraphs if I recall correctly. It states:

I, Binky Clown, declare that I am the Petitioner to the within matter.

The following declaration is based upon my own personal information and belief and I believe the facts stated herein to be true from my own personal knowledge, except by those facts which are stated on information and belief and as to those facts I believe them to be true. If called to testify, I could and would competently testify under oath as to each fact stated herein.

I offer this declaration in lieu of personal testimony pursuant to Reifler v. Superior Court (1974) 39 Cal App 3d 479, and Marriage of Stevenot 1984) 154 Cal. App.3d 1051; California Code of Civil Procedure Section 2009 and 2015.5, California Rules of Court, rule 1225.

I figured if they inserted it, and they are a paralegal firm, itmust be necessary. I also got pretty intimidated by it because I didn't know how to insert all that stuff into my own papework, which is why I had a paralegal draw mine up.

"Except for those facts that are stated on information and beliefs and as to those facts I believe them to be true"-is that legally necessary? It sounds really funky-like, if you believe it, then of COURSE you think it is true. But that doesn't necessarily MEAN that it IS true.

 

[CourtClerk]

It wouldn't be proper here, but CA is its own lil planet. I'll defer to CC if she shows up here.

Sorry, busy eating my turkey tacos and ordering Steve Madden shoes...

The format looks like it was written in a declaration, which is quite popular here in these parts of the woods. The other states, such as yours Jane do the:

Now comes...... (fill in the blank) yadda yadda yadda

Points and Authorities in neat little paragraphs...

We'll basically take it any kind of way (especially from someone who is pro per). There are some things, most things actually, that need to be on pleading paper in it's proper format, but as far as content, anything goes.

As far as the content of this particular motion...



As I told OG on the phone... this is my mantra:

jobbbb securityyyyyy.... jobbbbb securityyyyyyy... jobbbbb securityyyyyy....

 

[missdd22]

I would respond to his declaration point by point. Then let the judge decide what's important to discuss.

In ca. if the CP has full legal custody, can you request the NCP not to be on emergency card, and on pick up list? Or is this only true in your case b/c your ex is a sex offender??? Just curious.

I hope this works out for you.