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sadinca

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Posts posted by sadinca

  1. On 11/14/2019 at 8:04 PM, MouseRabbit said:
    On 11/26/2019 at 5:43 PM, MouseRabbit said:

    Thanks for the interest - I definitely owe this community a follow up!

    I took your advice, @LoveIsPower , and called the plaintiffs law firm, Mandarich Law, but never got thru. The gatekeeper just said she'd take a message for me. I called twice on Monday and then once on Wednesday (trial date was Friday). I was also extremely busy with work so it was tough to find the time with so many other things needing attention. I'm a costume designer / wardrobe stylist for commercials and this time if year gets very, very busy for me and then dries up at the beginning of the new year so I have to take as many gigs as I can get and juggle them. So I kept checking the status of my case and it remained "pending". 

    Two weeks before I had gone to the courthouse to see some trials and noticed a lot of dismissals happening - these dismissals were different than the ones I had seen before - it was people showing up and being informed that their case was dismissed. This was new - people being told "dismissal" as a surprise. Something seemed different, so I just told myself it was gonna be okay - maybe Cavalry and Mandarich Law are having a falling out(?) I thought.  

    During the 11 months I awaited my trial dated, I had gone to the courthouse a total of 6 times to see trials because I wanted to see someone give an objection (never saw even one) and I also wanted to see if anyone else was defending their case with a similar strategy to what's proscribed on this forum (never saw any of that either). 

    Night before my trial, I printed out some of the materials shared from this forum but I was so tired I didn't really study it - I justified it in my mind by thinking "this is not a trial brief but during the meet and confer, I can brandish this stack of papers and make them believe that it's a trial brief so they back down." I was really tired...

    I also knew that I would always be referring to the debt as "the alleged debt" and object, object, object. 

    In the case that the judge did somehow allow any of their evidence in - I noticed that their ID# for my alleged account was inconsistent across 2 documents - it's a 20 digit ID# that is a combo of numbers and letters and the last 2 digits were different on 2 pages. And then there was a 3rd page where they messed up on their formatting of a table and cut off the last 2 digits of this ID# - or maybe that was intentional? So I knew that I'd be able to show that to the judge and it might be enough to have reasonable doubt.

    I showed up to the court and met their rent-a-lawyer. She was very friendly and said "we are dismissing this with prejudice - you really didn't have to show up, but I guess if I were you, I would've showed up too. You're free to go, I already let the court secretary know." 

    So I left. I had to be on set at a commercial and I was getting sent texts about technical issues.

    I checked the case summary online and it confirms the case was dismissed but it says "dismissal without prejudice"  - they told me they would dismiss WITH prejudice. Either way it is now well after the SOL so I don't think I'll worry.

    I hope this information is helpful to anyone in need of help or reassurance. I'm glad that I never had to appear in front of the judge. I really wasn't ready to be honest. But I don't I would've ever got this far without the help I received here. Also, I asked my father if he'd be able to help me with this early on - he did one night of research and concluded that I should just reach out to the jdb and give them whatever they want rather than go to court and end up with legal fees. I'm so lucky I found this place and that you are here.

    Okay  - so can I dispute the collections on my credit report now?

     

     

    congratulation on your victory! 

     

  2. I just want to say Thank you, to all of you who spend your time day after day assisting regular day to day people, with out asking for anything in return. 

    My wife was served early 2014, just when we were starting to recover financially after the financial crisis. With the help of the wonderful people in this website, she fought all the way to trial. she settled at the end, and accepted an offer that she would not have received otherwise. I was then sued in 2015, however my case was dismissed a few months later. Five years later, we now have two kids, and looking at the possibility of purchasing a property in the near future. We would probably still be underwater without the help extended to us during those difficult times. 

     

    The job i held the previous years game me the time to stick around and help those who are in the same position i once was; however, i am starting a new job and wont be able to sign in as often as i do now, but i just wanted to say one more thank you to all of you anonymous real life heroes. 

     

    Thank you!

    • Like 7
  3. Request for Production of Documents Set #1

    Documents to be Produced

    1. Copies of any and all correspondence between YOU (for the purposes of this Request for Production, "YOU" and "YOUR" mean and refer to [MouseRabbit] your agents, attorneys, representatives or anyone action on your behalf) and ORIGINAL CREDITOR (for purposes of this Request for Production, "ORIGINAL CREDITOR" means Citibank, N.A.) relating to the CREDIT ACCOUNT (for purposes of this Request for Production, "CREDIT ACCOUNT" means the Citibank, N.A. credit card account XXXXXXXXXXXX#### which is the subject of this lawsuit).

    Defendant objects to this request on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, defendant asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, all credits that were made to the account, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff responded but did not provide the complete account.

    Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

    2. Copies of any and all correspondences between YOU and Plaintiff relating to the CREDIT ACCOUNT.

    Defendant objects to this request on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, defendant asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, all credits that were made to the account, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff responded but did not provide the complete account.

    Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

    3. Copies of any documentation evidencing any payments make to ORIGINAL CREDITOR on said CREDIT ACCOUNT.

    Defendant objects to this request on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, defendant asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, all credits that were made to the account, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff responded but did not provide the complete account.

    Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

    4. Copies of any and all documents that support the affirmative defenses raised by YOU in this action.

    Defendant objects to this request on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, defendant asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, all credits that were made to the account, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff responded but did not provide the complete account.

    Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

     

     

    5. Copies of all correspondences from YOU regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus or services about YOUR Credit Account.

    Defendant objects to this request on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, defendant asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, all credits that were made to the account, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff responded but did not provide the complete account.

    Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

     

  4. Request For Admissions

    1. Admit that ORIGINAL CREDITOR issued to YOU the ACCOUNT (for purposes of the Request for Admissions, "ORIGINAL CREDITOR" means Citibank, N.A., "YOU" and "YOUR" mean and refer to [MouseRabbit] your agents, attorneys, representatives or anyone acting on your behalf, and "ACCOUNT" means the Citibank, N.A. account number XXXXXXXXXXXX#### which is the subject of this lawsuit).

    OBJECTION: Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete “account.”

    Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

    Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

    2. Admit that YOU used said ACCOUNT (e.g., for purchases and/or cash advances).

    OBJECTION: Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete “account.”

    Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

    Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

    3. Admit that YOU and ORIGINAL CREDITOR entered into an agreement regarding the ACCOUNT.

    OBJECTION: Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete “account.”

    Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

    Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

    4. Admit that YOU agreed to pay ORIGINAL CREDITOR and its successors and assigned all outstanding balances owed on the ACCOUNT.

    OBJECTION: Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete “account.”

    Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

    Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

    5. Admit that ORIGINAL CREDITOR mailed monthly statements to YOU regarding YOUR ACCOUNT.

    Objection: Defendant Objects on the grounds that this request is Argumentative and lacking in foundation. Specifically that any such “Monthly billing statements” were mailed.

    Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete “account.”

    Without waiving foregoing Objection, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Therefore, Defendant denies. DENIED.

    Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

     

    6. Admit that YOU received a final statement on or around ##/##/#### from ORIGINAL CREDITOR with an outstanding balance of $####.##

    Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

    7. Admit YOU never disputed, with any person or entity including the ORIGINAL CREDITOR, the statement with an outstanding balance of $####.##.

    Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

    8. Admit that YOU have not paid the outstanding balance on said ACCOUNT.

    OBJECTION: Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete “account.”

    Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

    Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

     

    9. Admit that YOU owe the Plaintiff the amounts prayed for in the Complaint.

    Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies with the Bill of Particulars.

    10. Admit that YOU have no facts which would vary the amounts owed to Plaintiff.

    Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

    11. Admit that YOU have no affirmative defenses against the Plaintiff's Complaint. Executed at XXXX, California on XX/XX/2019.

     Denied

  5. On 2/11/2019 at 12:57 PM, jcman said:

    Production of Documents: YOU ARE HEREBY FURTHER REQUESTED to serve on the undersigned, as attorney for the requesting party, within (30) days of the service of this request, a written response subscribed under oath, regarding those items to be produced and those items claimed to be privileged.  Any advice here on how to address this? @sadinca 

    Is this part of the instructions? 

  6. On 2/11/2019 at 11:00 AM, jcman said:

    Re: Plaintiff Request for Production of Documents

    Thoughts overall?

      @sadinca

    1.  Any and all DOCUMENTS of whatever kind or nature RELATING TO purchases made on YOUR Citibank, N.A. account, Account No. ending in XXXX.

    Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

                Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

    Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

    2. Any and all DOCUMENTS depicting PAYMENTS made by YOU on YOUR Citibank, N.A. account, Account N. ending in XXXX.

    Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

                Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

    Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

    3. Any and all COMMUNICATION between YOU and Citibank, N.A. regarding your Citibank, N.A. account No. ending in XXXX.

    After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

    Defendant objects to Plaintiff's reference to "YOUR Citibank N.A" as it calls for legal conclusion. Defendant has denied liability for the alleged "account"

    Without waiving forgoing objection, Defendant responds as follows: After a diligent search and a reasonable inquiry in an effort to comply with this demand, Defendant concludes that so such documents of alleged communication between (YOU) and Citibank, N.A. that reference the alleged "account" No. ending in XXXXXX are in (his/her) possession or control as discovery is still in progress and not complete. Defendant reserves the right to amend her responses if such documents become available.

     

  7. @RyanEX your thoughts on these?

     

     

     

    1. Admit that you entered into an agreement with Citibank to which credit provided to YOU in the form of a credit account. Account** in exchange for monthly payments to be made by YOU.

                Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

    Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

    2. Admit that YOU agreed to make monthly payments to Citibank toward the balance YOU incurred on Account No***

      Defendant  Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

    Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

    3. Admit that YOU have not issued any PAYMENT to Citibank regarding Account** since 5/15/2015.

    Defendant  Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

    Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

    4. Admit that there remains an unpaid balance on YOUR Citibank account.

    Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

                Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

    Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

    5. Admit that all charges on YOUR Citibank account were AUTHORIZED by YOU.

    Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

                Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

    Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

    6. Admit that YOU owe the amount alleged for YOUR Citibank account as set forth in paragraph 19 of the Complaint filed on 9/13/2018, a true and correct copy of which is attached hereto as exhibit "A".

    Defendant objects to this request on the ground that this request is not full and complete in and of itself and in violation of section §2033.060(d)

    Defendant further Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”

                Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

    Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

    7. Admit that YOU owe the amount alleged for YOUR Citibank account as set forth in paragraph 24 of the Complaint filed on 9/13/2018 a true ad correct copy of which is attached hereto as Exhibit "A".

    Defendant objects to this request on the ground that this request is not full and complete in and of itself and in violation of section §2033.060(d)

    Defendant further Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, and Plaintiff’s complaint is utterly devoid of any factual information regarding the alleged debt.

                Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

    Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

    8 Admit that the invoice attached hereto as Exhibit "B" accurately reflects the outstanding balance you owe Citibank as of the date of the billing period.

           After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

     

    Admit the genuineness of the invoice of YOUR Citibank account, a true and correct copy of which is attached hereto as Exhibit "B".

    Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

                Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

    Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

    However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

  8. i did. from my place of work it takes 5 minutes walking to the courthouse. so i did go a few days. most of the times i went it was wasted time; defendants did not show up to court or cases were settled prior to trial. of the several times i went to court i think i witnessed, maybe two cases. during one of those i did witness a pro se defendant getting shredded, not by the lawyer, but by the judge. defendant was not prepared for trial. he objected to the evidence based on hearsay. the judged stated he was allowing the evidence to be introduced due to plaintiff's witness ccp98 declaration. defendant doubled down on his hearsay objection, thus irritating the judge who had to explain the ccp 98 rules, and how the defendant should've subpoena the witness signing the ccp 98 declaration. the defendant again stated that the evidence was hearsay and should not be allowed into evidence. that made the judge upset, he berated the defendant, stating he should stop believing everything he reads online. 

    if you do have the time to visit your courthouse and witness a few cases, i would definitely recommend it. perhaps your courthouse is more busy that mine. the more familiar you get with the process, the arguments, objections, and caselaws, the better you will be in case this goes all the way to trial. 

     

  9. 16 minutes ago, MouseRabbit said:

    So, I sent the Demand for BOP fourteen days ago and no response ye

    the code allows for 10 days, plus 5 days if served by mail. so technically they still have until tomorrow to place their response in the mail. if i were you, i would give it another week before you start answering the discovery questions. 

     

    24 minutes ago, MouseRabbit said:

    I send a meet and confer letter stating the items I requested are now precluded

    unfortunately, you cannot meet and confer and state the requested evidence is precluded. for that to be precluded you will first have to move the court to compel further bill of particulars. If plaintiff still refuses to comply with the Bill of Particulars demand, the court may bar plaintiff from introducing evidence at trial. .

    32 minutes ago, MouseRabbit said:

    Also, wondering if I file the POS of my BOP with the courthouse or just hold on to it? 

    Just hold on to the BOP and POS . those do not get filed with the courthouse

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