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Caligirl14's Achievements


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  1. Thank you Calawyer so very much!! These are great. I will check my notes on the one citation. I am pretty anxious about trial, and still, having the case law and being prepared feels great. I really appreciate all the help and feedback on this forum. : ) BV80 - that you for your input. You are right, they huffed and puffed in their answers to admissions. They denied having an agreement, but then said it didn't matter legally speaking. They also claimed that they after a diligent search and effort, they "believed" that the original statements and all accounting was with the original creditor or in our own possession as a response to one of the questions. It is intimidating. Thank goodness we've had such great assistance throughout this process. Fingers crossed. I am going to show up with an original and 3 copies of our request for Adm. and Prod of docs as well as req. for BOP. In addition, will bring their original and 3 copies of their response to all Adm, Prod of docs and BOP. Case law for objecting - best objections? How often do these lawyers call on us to testify as a witness in these cases? Have a great night all. If there is anything I have described that I can redact and upload that would be helpful to someone, let me know.
  2. We go to trial in a week from today. LVNV Funding did not respond to discovery, so we had to file a motion to compel admissions and req. production of docs. LVNV funding finally responded last week, but simply gave us the same paperwork they originally provided when we asked for a Bill of Particulars back in December - nothing new, except the answers formulated admit, deny etc. The exhibits are the same. They have provided no signed agreement which they reference in their complaint, no contract, no statements, and no itemization of account to show how they came up with the amount owed - we don't believe this is our debt. We are concerned that they might try to enter evidence at our trial that they have not provided us, and want to be prepared to object to this with citations of case law which support objecting to the plaintiff entering this info after the discovery period is over. From the research we have done, the cases seem to be from CA Reporter 3rd series: 84Calap3rd771 195Calap3rd213 200Calap3rd372 and another from Cal Reporter - 235CR430 Does anyone have access to these cases? I can't seem to find them at the law library! I am hoping if someone does, it will not only help us, but also help others to have these cases as a resource for trial. Thank you for any help and advice as we get ready for trial.
  3. Good afternoon. We are sending the Motion to Compel and Motion to deem matters admitted allowing 16 + 5 days for potential hearing date. For the Proof of Service - Is it okay to simply have one Proof of Service that states they are sending both motions and mail them in the same envelope? Or, do we need a Proof of Service for each motion? Is it okay to use a 81/2 by 11 sheet with "Exhibit A" in the center to separate the Exhibit from the Motion? Our trial date is 6/6/14. Mailing when we get back in town this week will set the hearing date of May 2, 2014 at the soonest. I was also reading in court rules that there is some paperwork to prepare prior to trial - something about a Trial Management Report and Brief? Can anyone comment on this? Thank you for all your help!
  4. Thanks so much doublethefun9941! I will see if I can upload as pdf right now. This is the site for saclaw that was so helpful for this CA paperwork: http://saclaw.org/Upload/files/step-by-step/sbs-compel-responses.pdf I realize that I need to personalize and make 4 copies - one of which requires the cardboard Exhibit A and the others simply with the cover page "exhibit A". In our county, we must file at least 16 days before the hearing date. We also have trial coming up on 6/6/14. This is the motion to compel draft. Do I need to add proof of service page? Any feedback is welcome and appreciated. Next email is Motion to deem admitted. Appreciate all of you. : ) Motion to compel production draft 3.22.14.pdf
  5. Thank you very much for your input. I have prepared a Motion to Compel production and a motion to deem admitted. I wish there was a way to upload them here for feedback and assistance to others. I spent a lot of time on the forums and researching google to create these docs. I also found that the saclaw.org website was really useful with step by step guide and template forms. Is there anyway to upload these 2 docs? I also tried to copy and paste one of them into this thread, and can't do it. I would love to share for both feedback and assistance. Could someone please advise? When I try to upload, the error message says I don't have authority to upload that type of doc. Is there a way to link it somehow for anyone to view? I am clueless on this process. : ) Thank you again.
  6. Hi- These forums have been extremely helpful as we've prepared defense paperwork on what appears to be junk debt buying by LVNV Funding represented by Nelson Kennard in Sacramento, CA. We responded to their discovery req. for Adm, Prod of Docs and Form Interrog. with help from many on this forum. We've met for CM and Settlement Conf. and trial date is set for 6/6/14. (At the CM and Settlement Conf., Nelson& Kennard sent a local atty who was not familiar with the case and appeared confused. He did agree to the trial date) We sent our own Discovery request on 12/31/13 and Plaintiff has not responded at all. We have read a lot of conflicting information on Motion to Compel - should it be sent? We've read on the forum that it forces the Plaintiff to do their homework, and it may be better to sit back and respond to any of their filings. We want to make sure we follow through with best practice for a most positive outcome. What is the next best step for us? More importantly, how do we correctly create and file a Motion to Compel Discovery and how do we create and file a "Motion to Deem admitted" our Req. for Admissions? We've researched and can't seem to find a "template" to follow for these 2 items. We would appreciate any guidance. On the forums, we've read that the date for the 45 day time period clock for filing a Motion to Compel starts with the date that the Responding party actually responds. We have not received any response, so are wondering if there is any due date for this since the time clock has not appeared to start. Lastly, can we request sanctions? How much is reasonable and is this a separate motion as well? Thanks!
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