calmbeforethestorm

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About calmbeforethestorm

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  1. The point is that the linkedin documentation calls into question the authenticity and trustworthiness of the bill of sale and makes the case for lack of standing even stronger. The more I can show damning evidence the better. I'm not familiar with court procedure but I imagine if it came to it I can ask the judge for extending the trial to gather evidence to prove this point because it is provable. Anyone with half a brain can call the HR department at GE and verify the dates of employment. It might not even require a trial extension. This is just ONE of the many things that are wrong the Plaintiff's "evidence". As mentioned earlier in this thread, the bos doesn't even meet the requirements of the exception to the hearsay rule since they were created after they brought on the suit (several months later). Not only that but the writing was not "made at or near the time of the act, condition, or event" (cal evidence code 1271). Cal. Evidence Code 1271 : Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the act, condition, or event if: (a) The writing was made in the regular course of a business; ( The writing was made at or near the time of the act, condition, or event; © The custodian or other qualified witness testifies to its identity and the mode of its preparation; and (d) The sources of information and method and time of preparation were such as to indicate its trustworthiness. My understanding of the code is that all points a through d must be met so even if they try to use a witness, part a,b and d still don't hold.
  2. So maybe I freaked out prematurely. I just need to do my research and prep well for court. I've never stepped inside a courtroom so I don't know what to expect. I guess I'll have to find some good books on representing yourself. Also, I've stumbled upon some very important information. Two of the 3 people who supposedly signed the bill of sale were no longer employed by their respective banks when the sale supposedly occured let alone when they "signed" the bill of sale. I checked out their professional profiles on linked in. Both of them had left their companies a year before the sale. Seems like I should be able to bring this up in court. Anyone know how I could go about that?
  3. I thought once judgement is passed it is too late to negotiate any kind of settlement. What is that process like?
  4. @calawyer: If CACH actually brings a witness to the court will I pretty much be screwed? I'm starting to consider settling before it gets to court.
  5. @calawyer Also I noticed the affadavit is dated March 29, 2013 (after they filed the lawsuit). I just looked it over and it doesn't actually mention the date of the sale just the amount due on 3/22/12 Not sure what the legalities are but seems like something I might be able to use against them.
  6. @calawyer. Yeah I noticed that too but wasn't sure what to do with that info. Thanks for the tip. This will really help me as I prep for trial. As for the redacted loan schedule can they use that somehow to show proof. Where does that fit in? I'm a little confused on that.
  7. If by court docket you mean case summary then yes, I checked that. There was nothing on there indicating that they did.
  8. No but Isn't it better not to? If they don't follow CCP 98 then they can't use the affidavit against me in court. Also, at this point would I even be able to send the CCP 96?
  9. 1. Who is the named plaintiff in the suit? CACH, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich Law Group, LLP 3. How much are you being sued for? $3000 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank 5. How do you know you are being sued? (You were served, right?) Papers left at doorstep (not served right, got a copy of proof of service where they said they served me in person. 6. How were you served? (Mail, In person, Notice on door) Left on doorstep 7. Was the service legal as required by your state? No, but I think we are passed that 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Letters sent to me for collecting a debt 9. What state and county do you live in? California Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometime in 2011 11. What is the SOL on the debt? To find out: 4 years (They are within the statute of limitations, suit was brought on in 2013) 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). (Non-jury trial set for 6/05) NOTICE OF TRIAL MAILED NON-JURY TRIAL SET FOR 06/05/15, 08:30 AM, DEPT F43 OSC VACATED - RESPONSIVE PLEADING FILED; CASE SET FOR CMR FEE WAIVER FILED RESPONSE FILED PROOF OF SERVICE TO COMPLAINT FILED CMR SET 08/05/13, 0830 AM, DEPT. 108, NOTICE FILED & MAILED COMPLAINT FILED - COLLECTION CASE SUMMONS FILED 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? The charges are "Breach of Contract" and "Account Stated" 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence. Just Declaration of Venue and Declaration in Support of Reduced Filing fee.
  10. I've been putting off dealing with my lawsuit for the sake of my health and sanity but now it is crunch time. I'm wondering if it is too late for any kind of motions such as motion in limine? In my Demand for Bill of Particulars I asked for: 1. The defendant's application for credit card issued by original creditor GE Capital Retail Bank. 2. The credit card agreement (alleged in paragraph 7 of the complaint) 3. Monthly billing statements reflecting all charges, credits, interest accrued, fees, including but not limited to late fees, and payments alleged in paragraph 9 of the complaint. 4. The procedure for disputing all charges in the credit agreement. 5. Written regulations and conditions to make payments to the account alleged in the complaint as a whole particularly, the first cause of action in the complaint. 6. The agreement to pay interest on the alleged account. 7. An account of all money lent and paid, laid out, and expended to defendent as alleged in the complaint at paragraph 11, 17, and 19. 8. The balance sheets for the alleged account. 9. All statements reflecting the sum of $3,xxx.xx due owing and unpaid alleged in plaintiff's complaint. 10. The procedure for disputing erroneous charges in the credit agreement. 11. Regulations and conditions to dispute erroneous billing statements of the alleged account. 12. All electronically stored information (ESI), including but not limited to, and defendant's tape recorded telephone records of defendant's contact with GE CAPITAL RETAIL BANK to report discrepancies and billing errors in the billing statements. 13. All documents concerning investigations conducted of defendant's credit account by GE CAPITAL RETAIL BANK. 14. All documents concerning investigations conducted of defendant's credit account by plaintiff CACH, LLC. -------------------------- This was CACH's initial response: Mr XXXXXXX: I am writing in response to your demand for a Bill of Particulars. Your request is inapplicable to the causes of action pled in the subject complaint because Plaintiff is not pursuing items of an account and is instead seeking a final sum owed as stated on the monthly bill your client received. (Distefano v. Hall (2nd Dist. 1963) 218 Cal. App. 2d 657, 677) As a result, please be advised that we will not provide a response. Sincerely, Newb Lawyer Mandarich Law Group, LLP Attorneys for Plaintiff CACH, LLC -------------------------- Then about a month later they sent this: Mr XXXXXXX: I am providing you a further reponse to your bill of particulars request even though Plaintiff still contends that the request is inapplicable to the causes of action pled. Plaintiff believes that under California law, a bill of particulars request is not applicable to the breach of contract and account stated causes of action pled as they do not seek "items of an account." The Court clarified that a bill of particulars "is not applicable to a contract or promissory note which has an account for its consideration" and that it only applies to "actions based upon contracts seeking to recover 'items of an account.'" (Distefano v. Hall (2nd Dist. 1963) 218 Cal. App. 2d 657, 677). As Plaintiff is not seeking "items of an account," a bill of particulars is inapplicable here. However, as a courtesy and in an attempt to resolve this matter, Plaintiff will furnish to you all documentation it has in its current possession, custody, and control which includes: the card member agreement, Bill of Sale with redacted Loan Schedule, Affadavit of Sale and Statements dated February 2011 - February 2012. Should additional information become available it will be furnished in response to the discovery requests you propounded upon Plaintiff. Sincerely, Newb Lawyer Mandarich Law Group, LLP Attorneys for Plaintiff CACH, LLC ------------------------------ What they actually attached to this resonse was 3 different pages of "Bill of Sale" documents with various signatures, a section called Notification Files followed by several pages of a computerized printout with headings related to "my account" listing account number, name, address, etc. and 12 billing statements. I'm attaching these documents below. Notably missing was the "redacted loan schedule" (which I'm not even sure as to what that is exactly), and probably most importantly the card member agreement showing me and the original creditor entering into a binding contract. So at this point I'm considering getting a lawyer to help me out because I have no idea what to do next or what my options are. I'm hoping someone here might be able to help me out.