Glad to see you're getting so much help fighting the good fight. Not sure if this is pertinent or needed but just in case! Anyway, maybe someone else will find it handy.
Equable Ascent are perhaps the most incompetent JDB out there. They have nothing and count on fear of the defendant to not fight for them to win their cases.
I was in the same position with the CCP98 and filed the following:
Superior Court of the State of California
For the County of ______
______ Civil Division
PLAINTIFF: EQUABLE ASCENT FINANCIAL
Case Number: ______________
NOTICE TO APPEAR
TO PLAINTIFF EQUABLE ASCENT FINANCIAL. AND TO ITS ATTORNEYS OF RECORD HEREIN: NOTICE IS HEREBY GIVEN that Equable Ascent witness, _______________; as per the witness’s Declaration In lieu Of Live Testimony At Trial; appear at the trial of the above-entitled matter on (date of your trial) at (time)., in Department ____of the above-entitled court located at _____________California, to testify as a witness in this action.
This request is made pursuant to California Code of Civil Procedure section 1987(
which provides that the giving of this notice has the same effect as the service of a subpoena and, that, in the event of noncompliance with this notice, the parties shall have such rights, and the court may make such orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court.
The rental attorney showed up without the witness, asked me to settle and when I told them "no" as they have no standing, they asked for dismissal.
All they had as so-called "evidence" was a copy of a contract from that company, unsigned which could have been anyone's, a piece of paper purportedly showing "assignment" that showed only that they had purchased over 35,000 contracts, and an old statement of mine. Amazingly they would have won on that garbage if I hadn't fought (of course with the incredible aid of Calawyer and so many others on this site.
I am 100% certain that you will win against them. I'd wish you luck but you don't need it