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About cdbourbon

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  1. Hi, all. Am in California. Having been out of town for several weeks related to work and am now in the middle of a move to another state. Have been studying the forums thoroughly but am in a bit of a quandary as to how to proceed. I responded to Kenosian & Miele within 30 days after being served. The response to my BOP demand was a Proof Of Service Of Notice To Consumer Or Employee And Ojection, along with a Deposition Subpoena For Production Of Business Records. These were received while I was away. The date specified in the request to examine my records is this week. The Deposition Subpoena is on the same day, to be held at their offices in Los Angeles. (I'm in San Diego, where the suit has been filed.) Also received while I was away, an Entry of Default document, dated the day after the court listed "Default Clerk Judgment Received" on its ROA. Obviously, it's a time crunch. I'm thinking I should fire off a general denial to K&M so that they at least receive it, but not sure it would help at this point. Would really appreciate some guidance. Here's specifics... 1. Who is the named plaintiff in the suit? 1A: BH Financial Services, LLC 2. What is the name of the law firm handling the suit? 2A: Law Offices of Kenosian & Miele, LLP 3. How much are you being sued for? 3A: Over $10,000 4. Who is the original creditor? (if not the Plaintiff) 4A: Citibank 5. How do you know you are being sued? 5A: Served summons 6. How were you served? 6A: Served in person 7. Was the service legal as required by your state? 7A: Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 8A: Received a letter from another law firm alerting that I "may have been sued," and soliciting free consultation 9. What state and county do you live in? 9A: California 10. When is the last time you paid on this account? 10A: Currently five months short of SOL 11. What is the SOL on the debt? 11A: Four years 12. What is the status of your case? Suit served? Motions filed? 12A: Summons served; case status: pending 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 13A: No 14. Did you request debt validation before the suit was filed? 14A: No 15. How long do you have to respond to the suit? (This should be in your paperwork). We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 15A: 30 days; breach of contract and common counts; received no questionnaire 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 16A: Verification from a "Managing Member" for the plaintiff declared "under penalty of perjury under the laws of the State of California that the foregoing is true and correct." Not signed, but a "/S/" on the signature line of the Managing Member --cdb
  2. Have been poring over the site for several days, yet can't seem to find the answer to this. Am being sued for Breach of Contract and Common Counts in California. Currently preparing a demand for BoP using this sample found in another thread. It was noted that the following text areas are intended to be edited as fitting: [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit]. My question: is retaining only "goods sold and delivered" sufficient for my the demand ("setting forth all items and details of the account on which the cause of action for goods sold and delivered of plaintiff’s complaint is based")? Or should it be: "goods sold and delivered, money had and received, and money lent or paid..." I know it's a pedantic question, but I don't want to make a rookie mistake that might blow back on me later. Thank you.