Single Status Update
CACH-Mandarich trial in CA in 40 days..help please
Hi Everyone, thanks in advance for any help..I've been reading as many threads as I can, but need some final advice, and samples which I can use for the remainder of my discovery before trial.
My court date is 10/21/13. MBNA, under 10K, Complaint for 1.Breach of Contract 2. Common Counts
I've answered and replied to Mandarich's RFA's and RFP, of course I denied them all, and mailed my responses on time CMRRR
I haven't yet sent them my own RFA's or RFPs only a request for BOP, which I included along with my responses to their RFA's when I mailed them back on 4/4/13. I received the usual generic responses and no BOP (just the usual 6 mos statements, affidavit of sale signed by FIA rep Justin Taro, generic bill of sale w/out my account number, and loan schedule).
I sent my first Meet and Confer for further BOP back on 4/16/12
(received a second set of inadequate documents on 4/20, along with usual Distefano excuse)
So, I sent the second M&C for further BOP on 5/24/12
(received a third set of same docs).
I sent my third M&C for further BOP on 1/4/13 after I was sent a letter notifying of CMC for 2/11/13. I figured give them one more chance to deny me, which they did. I received their fourth packet of docs on 1/14/13, with an intro letter citing the Distefano case again, and also stating "Currently these are all the documents the Plaintiff has in it's current possession.."
So, during the CMC on 2/12/13 I stated that I was planning on making a motion to compel for BOP, and the Judge called for our trial date to be 8 mos out on 10/21/13.
So, I never did file my Motion to Compel for BOP, I kept putting this off.. and obviously we're now 40 days out before trial.
My plan is to send the CCP 96 end of this week so I meet the 40-30 day period. Depending on the response I'll subpoena the affiant if they send one.
Should I still send my own RFA's/RFP's? and am I within legal time frame if I send it to the plaintiff at least 30 days before trial? Or am I too late? Can someone send me a sample with format?
Should I still Motion to Compel for BOP, or should I just send the CCP 96?
At this point just send the ccp 96, that's all you can do. That is the main thing that needs to be done anyway (along with subpoena). For some people that is all they ever do. Make sure the timing is right on the ccp 96, that is no place for errors. Welcome aboard and Good Luck.