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RyanEX last won the day on January 21

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About RyanEX

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    1-0 vs JDB
  • Birthday 04/09/1977

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    San Diego, California

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  1. @ticklemore Correct, affidavits #1 - need to conform to the CA penalty of perjury language if they are to be used. #2 - You have a right to cross examine the author of any affidavit, they cannot simply submit an affidavit as evidence without giving you a chance to question the affiant... SO LONG AS YOU OBJECT. CA doesn't allow trials by affidavit, the case to cite would be Elkins v. Superior Court, 41 Cal. 4th 1337 (Cal. 2007) And of course you have the inconsistencies with the notary's name(s). Did you send them a CCP 96 request (demand for list of evidence and witnesse
  2. Read up on your updates. Did they ever send you a CCP 98 Declaration/Affidavit In Leiu of Testimony. Didn't see it listed but wanted to make sure. Sounds like the main pieces of evidence they are trying to use are affidavits, bills of sale, statements... and testimony from their own employee (a JDB employee)?
  3. Here are copies of mine, from 2013. More recent trial briefs & objections (you should call it an 'Objection' rather than a 'Motion In Limine') would have some additional references to recent CA case law which is helpful; not sure if I remember this correctly, but I think there was a appellate ruling concerning CCP 98 witnesses appointing attorneys to accept service on their behalf, which should not be allowed - you could plug that reference into the OBJ. https://docs.google.com/document/d/1l9GTPfCCHh7lJkpV-HQwAtjrcEpJE7U2ZS9PKC3EPkk/edit?usp=sharing https://drive.google.com/file/
  4. I think you're good re-sending the CCP 96 request (Disc-015). It's possible it's not necessary given that they responded to your previous request, but doesn't hurt to redo it according to the proper timeline.
  5. @SoStressed I have good news and bad news for you. Bad news is you served/mailed your CCP 96 request (DISC-015) too soon. Per code, it should be served "no more than 45 days or less than 30 days prior to the date first set for trial". That is in calendar days, not court days - based on your post you served it on Feb 8th which is 63 calendar days before trial, well outside of the '45 to 30 days before trial' window. The plaintiff is under no obligation to respond to your request. My guess is they will not respond at all or they will wait until after the correct window has expired to inform
  6. Not a bad idea to be vague. In the past one or two members have indicated that their plaintiffs had said something to them about this board; however that is over 8 years being a member here so it is very infrequent as far as I can tell. Be general about things like dollar amounts, dates, any particular way you have interacted with them, etc - but IMO it's helpful for us to know the original creditor is, along with the plaintiff & law firm handling the suit. Are you ready to file your answer on Monday (if you haven't already)? Also, you should give this thread a read: https://www.
  7. Answering is pretty easy. Since their complaint is unverified you can use one of the forms downloadable from the state: https://www.courts.ca.gov/documents/pld050.pdf Just fill in your name in line 1 to deny the complaint in it's entirety. If you have an affirmative defense (see nobk4me's post about Delaware's 3yr SOL) you can check #2 and fill that in. You'll need a proof of service as well https://www.courts.ca.gov/documents/pos030.pdf You'll file the originals with the court, and mail copies of each to the plaintiff. 1st class is fine.
  8. I don't know re: a continuance, not an issue I've seen brought up for one of us, though JDBs have done so. Did they send you a CCP 98 declaration/affidavit? You can subpoena that person right up until trial IIRC, that would be key.
  9. Oh wow. Do anything else in the meantime? CCP 96 request, etc?
  10. Sounds good. These JDBs (specific to each firm) use the same discovery requests over and over and over. Cut/pasting from previous threads (filling in your own details) is sufficient. Well done. Has your trial date been set?
  11. Hi Ddjcplus4, What is the amount you are being sued for (roughly)? You don't need to respond to the suit until you are served. Once you are served you have 30 days to file an answer (if served personally) or 45 days (if by substitute service).
  12. Looks like you have some time to file your answer. 30 days from the date of service. Your mom can use General Denial PLD-050 if the complaint is unverified. I know you wrote your mom doesn't want to visit an attorney, but I would strongly suggest you call a consumer attorney if this action was filed after the SOL. It's a violation of federal law to do so. You don't need an attorney to assert the affirmative defense, but you can counter sue for $1000 and an attorney could help with that. At least speak to the phone and get an idea of what that would look like, it may not involve much if an