BeJebus

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Everything posted by BeJebus

  1. So the Conditional Settlement Agreement does not need to be filed with the court (unless I default), only the Notice of Settlement? And is there any downside to showing the 2nd attorney a copy of the 1st executed agreement so he can see for himself that his client has accepted it before?
  2. Do you mean they don't file the Conditional Settlement Agreement at all (unless I default), only the Notice of Settlement? If so, is there any downside to showing the unredacted CSA to the second attorney to prove to him that the JDB previously accepted it w/o requiring a stipulated judgment?
  3. 1) The first is a conditional settlement with stipulated judgment in the event of default. If I pay as agreed, there will be no judgment and the case will be dismissed with prejudice. There was no separate stipulated judgment as the 2nd attorney wants to add and I want to avoid. 2) I don't plan on defaulting. But I'm aware of the terms, of course. If I make the payments, I avoid a judgment in the first case. 3) I mean how long might it be before the actual trial date is assigned. I know they can file for a new date immediately. That doesn't mean the trial is next week. I'm looking for a general time frame if anyone is familiar with that. It's in the Chatsworth Court, if that matters. 3a) I prefer the settlement; it's quite favorable.
  4. I entered into a conditional settlement agreement in Los Angeles County for a smaller amount than I was sued for. Basically, if I make payments as agreed, they dismiss with prejudice. If I don't, they can then apply for a judgment in the full amount. Plaintiff filed the Notice of Conditional Settlement back in July and the case was put off calendar and I've made two payments since, but when I check online the actual settlement agreement itself still has not been filed. Question 1) Should I be concerned about this? I have an executed fax copy on pleading paper so I suppose I could file it myself, but maybe these things are not filed or something. Maybe only the notice of settlement is filed. My second question relates to the fact that I have been in negotiations on a second case with the same JBD but a different attorney. I used the first agreement as a guide and we have agreed to a reduced amount and payment schedule as a conditional settlement, but they are insisting I also sign a stipulated judgment for the full amount, which will be "held in trust" and not filed as long as I make payments as agreed. I have refused since the same JDB accepted the other settlement without that requirement and I don't want an actual judgment out there, filed or not. When the second attorney claimed the JDB would not agree "to something like that", I told them that I knew for a fact they had and sent them a redacted copy of the conditional settlement agreement without telling them it was my case. The lawyer responded that he wants a non-redacted copy. Question 2) Is there a downside to this? As I mentioned above, the first settlement agreement resolved the other case but has not been been filed, so I would just be showing them a fully executed copy. The second lawyer already filed a Notice of Conditional Settlement, which put the second case off calendar, which leads to my last question: Question 3) If the negotiations fall apart, how quickly will they be able to get back on the active calendar? We were already 20 days from trial and had exchanged discovery. Thanks in advance for any expertise/advice in this matter.
  5. Sorry, it's Unifund and the attorney is Kenosian & Miele. So given that it's 3 months to trial, I should just go ahead with my discovery and ask for their documentation and such to establish they actually own the debt and all that?
  6. OC is Citibank Causes of action are Breach of Contract and Common Counts. Not sure about last payment, but there are no SOL issues.
  7. I was sued by Kenosian & Miele and got some good advice here previously, so... My trial is at the end of July and I'm wondering how best to proceed given that time frame. I sent them a BOP and M&C months ago, which they never responded to, but I did not follow up, unfortunately, as I shifted my attention to opposing their Motion to Deem Matters Admitted which came in shortly thereafter, (that the debt was legitimate, mine, and I didn't pay) Their motion was denied. I have propounded no discovery as of yet, just responded to their request for documents and admissions and then opposed their motion to deem matters admitted. I was wondering if I should send another BOP and do it right this time, or just ask for the documents they plan to use at trial. I want to see their Bill of Sale, of course, which I asked for in the original BOP. Any advice would be appreciated.
  8. Update: Had the motion hearing to deem matters admitted today. The judge will deny the plaintiff's motion as long as I send plaintiff the verification form for my responses within two weeks. ( hopefully I will use the correct form - haha) It could have gone either way, but I got a sympathetic judge. Apparently, according to statute, unverified answers to discovery are the same as no answers. But another section of the statute says that as long as the respondent provides a response before the actual hearing, even if untimely, the judge can't deem matters admitted. The judge gave me a break and allowed me to correct my omission and verify my response. So thank you all for your responses, which I deem admitted and verified!
  9. oh, sorry! don't know what i was thinking there. yes, they sent the request for docs and admissions all at once, and i responded to each request, for both docs and admissions, one by one. in their motion to deem matters admitted, they do not object to my responses, instead they claim i did not respond at all, in any way.
  10. sorry for the confusion, calawyer: 7-21: they sent me a request for production of documents (pos dated 7-21) 8-25: i sent my response with a proof of service dated 8-25 (day 35) (i didn't have the docs they asked for, but i responded to each request) 9-2: they sent a m&c which stated they would give me 7 additional days because my responses were past due (i already responded) 9-6: they filed a motion to deem matters admitted (3 days into the 7 days "extra" they said they would give me) which claimed i had not responded in any manner, also claiming they served the original request for docs on 6-22, instead of 7-22 (i have the postmarked envelope dated 7-22) i can prove their dates are wrong and i responded on time initially i also sent a bop on 8-25, and they never responded
  11. so can i still request a motion hearing on excluding what i asked for in the bop? i served them 8-25-14
  12. yes. they sent me a meet and confer at about the same time, and i called them to respond and also sent them a response letter, but they never responded back to anything. i think they made a mistake on the date and figured since i was late, they could just file and win the motion to deem matters admitted. i'm going to file my opposition tomorrow, so i'm ok there
  13. thanks. i responded within 35 days. i'll file an opposition to their motion, then. i served the bop back on 8-25-14. they never responded. can i still file a motion to exclude?
  14. I received a request for documents from Unifund on 7-22-14 I responded by 8-22-14, on time Unifund filed a Motion to Deem Matters Admitted (the court allows their claims to be admitted as settled fact) on the basis that I did not respond within 35 days, but they made a mistake and said they sent me the request for documents on 6-22-14 (instead of 7-22-14) I want to just show up at the motion hearing and show the judge proof they're wrong and surprise them. Can I do that or do I have to file an opposition to their motion with Los Angeles Superior Court ahead of time? The hearing is in 3 weeks, so if I have to give them notice, I need to do it now. Since they thought I was late, they also didn't respond to my BoP or my M&C, so I want to ask the judge to disallow into evidence what I requested in the BoP. Thanks in advance for any thoughts.
  15. I added a bit at the end requesting a copy of the original agreement and bill of sale. Is this okay? Also, the original complaint was verified - does that mean I have to attach some sort of verification to this BOP? DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant BeJebus, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the causes of action for Breach of Contract and Common Counts of Plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, all payments or credits that have been made to the account, a copy of the agreement between original creditor and Defendant, and a copy of the bill of sale transferring original creditor’s interest in said agreement to Plaintiff.
  16. Does this look okay? DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant BeJebus, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the causes of action for Breach of Contract and Common Counts of Plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account. BeJebus, Date
  17. So just one page, then, asking for everything they have. Thanks!
  18. I downloaded the well referenced "Seadragon copy of Calawyers famous Bill of Particulars", but I'm wondering if that's all there is to it. It's just a page. Do I just fill in my name/plaintiff/case no/ and that's it? Or is there more to include specific to my case? For example, do I leave this passage as is with the brackets: "cause of action for [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit]" or pick one? Will my bill of particulars need more research or will a basic copy of this with the party names included suffice?