Tips to win a default prove-up hearing in CA

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Attorney Steve Vondran gives general legal information regarding how to win your default "prove-up hearing" in California.

The first and most important thing is to BE PREPARED and have your evidence ready. The burden of proof is on the Plaintiff and you need to make sure you have competent, reliable, relevant, and admissible evidence. If you cannot prove your case by a "preponderance of the evidence" then you have some real problems.

Keep in mind you have to PROVE EACH CAUSE OF ACTION set forth in your complaint. So you need to have an organized approach to this matter. Write down each cause of action on a piece of paper, and you might want to have a separate notebook for each cause of action.

Write down what you have to prove and what evidence you have for each COA and to prove each fact you need.

Remember, that evidence must be "authenticated" meaning it has to be "what it purports to be" (ex. legitimate, or a certified chain of title in a wrongful foreclosure case). You might need a witness to appear to "authenticate" the document (ex. an appraiser showing up in a predatory mortgage lending case to attest to the fact that "yes, that's my appraisal, and yes that was my estimate. Don't forget this key fact to make sure you have witnesses ready who can authenticate your evidence. Without this, your key "smoking gun" may be deemed inadmissible leaving you without the evidence you need to prove your case.

Also, make sure to have your PROOFS OF SERVICE ready. The judge uses the "default prove-up process" to prevent bogus judgments based on suing Defendants who were never properly served with "process" (meaning a copy of the summons and complaint). You have to have these ducks in a row.

Also, although I failed to mention it in this video, make sure you KNOW YOUR CASE FACTS COLD. Now the times, dates, facts, persons, witnesses, and exhibits you are going to use. Do not go into court and fumble around like a rookie. You will be most confident when you rehearse your case and go in with the facts up your sleeve and ready to go.

Go through and present your evidence piece by piece, witness by witness, document but document methodically until you are done.

Make sure to dress nice and show up on time. Parking and security checks will always set you back on time. Do not run into court with your "robe on fire."

If you are totally new to litigation, you should watch my other video "how to win your small claims case" which provides a bit more guidance, but is also very similar to a prove-up hearing. Here's a link to that video. Don't forget to LIKE my video and SUBSCRIBE so you can keep up with what's going on in the legal world!!

https://www.youtube.com/watch?v=qTUhBMdddsk

Relax and have fun. This is your "day in court" and while you will be nervous for the first half-hour or so, you will settle down. You will normally find the judge to be human and want to hear your case and do justice. They also want to ferret out groundless, baseless, and frivolous cases and cases where the procedural rules were not followed.

So go in, have fun, prove your case and get your judgment. Don't be concerned if the Court "takes it under submission" and wants more time to consider your arguments or to have his or her law clerk perform additional legal research to make sure the final judgment is legally correct.

You are a pro, take it down, and good luck.

Steve Vondran, Esq.

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