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Everything posted by FiredupinCA

  1. Sorry, didn't mean to send. So I can still do ccp96 as my next move, I believe 45 days before trial?
  2. So I can still subpoena their witness? I think I read that for an unlimited case a declaration in lieu of live testimony wasn't allowed and that their witness had to appear? Is that correct?
  3. Looking at my credit report history it shows the OC closed the account in 2012, showing a delinquency for the last time in July 2015. The JDB bought the debt in Aug 2015 (which is what they've provided) and starts showing on my credit report in Nov. I don't believe OC's hold on to debt that long before selling it, wouldn't they have sold it closer to the time they closed it?
  4. My case in unlimited and many of the things I've read pertaining to different CCP's indicate they are for limited cases and I do not find much info on CCP's for unlimited cases. I'm pretty positive I've read more than just this one but just ran into the one below again so figured I'd ask while it was fresh in my mind. Do unlimited cases have their own CCP #'s that correspond to the unlimited or do I not have those same rights? If I don't have those rights, how would I proceed because everything I've seen has the CCP below followed by their CCP98, me subpoenaing their witness, etc. If I'm n
  5. Thanks Shellieh98. I have read both threads mentioned and planned on proceeding with the M&C, MTC etc until the judge said she thought discovery motions were a waste of time, so I decided against that. I'm just confused on whether or not a M&C should be done even if I don't plan on filing a MTC? Ryanex, I have not been able to locate the new judge's clerk's contact info, any advice on how I do that?
  6. Thanks for the info Ryanex. What exactly is a meet and confer for? I'm under the impression it's obviously to try to meet and straighten out the issues at hand, however, I thought it was mainly something that was required to do prior to completing a motion to compel. I know that Winn will not follow through entirely on the meet & confer and will simply provide all they've provided in the past. By what you said, I'm guessing it's something to do to kind of show due diligence on my side as far as trying to work it out and them basically being negligent with the info they provide, is
  7. Happy Friday! My judge was supposed to be ruling on several collections trials today, but unfortunately after being there 4 hrs I was informed the parties didn't show. Anyhow, I did learn that my judge is transferring elsewhere and beginning in January a new judge will be presiding over the cases. My trial is in January and I am not finding the new judge on the court calendar at all. He's not new and I see his name and Dept # on the court house listing, however, when I look at the calendar under his Dept, nothing comes up - not now, or any month through the end of the year or even in J
  8. Thanks for the explanation. I've certainly got some studying and decision making to do. Have a fantastic weekend with your beautiful babies!
  9. I'm still learning the lingo, but don't think I've seen this one yet, what is MSJ's? Yes, a trial is set for Jan. It's as bit of a relief to know I can hire a lawyer to represent me. Thanks for the advice regarding finding one. We do have one in town that supposedly fights a lot of the JDB's and wins, but that's him telling me so, although I do hear he has a good reputation in town. He is who I consulted with previously and who did my original response paperwork. He was alright, but I left there feeling confused as he didn't explain things to me, why/how we were denying the suit, wha
  10. Thanks for the reassurance sadinca, I appreciate it! I would have been much more stressed about it all had I not read so many other threads and seen much of the same objections to the production of docs from others. Should the affidavit been executed in CA? What is my next course of action? I'm guessing your baby girl has arrived at this point (or you have a very miserable very pregnant wife on your hands, lol) I'm sure she's absolutely perfect and you're head over heals in love, hopefully she's letting you get some sleep and not keeping you both up at night. Congrat's!
  11. Yes, the statements shows payments and credits. There are 11 statements total from 3 different years.
  12. As part of the main part of the form it says, "I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true. That's where the supposed Citi employee signed and dated it. The notarized part at the bottom lists the date notarized and says, "before the undersigned Notary Public in and for the state of Missouri, personally appeared (lists Citi's employees name) known to be me to be the person who executed the Affidavit on behalf of Citi and acknowledged to me that he executed the same for the purposes therein stated.
  13. Also, is it possible for me to do all the legal leg work up until the point of the trial and then hire a lawyer to represent me in court?
  14. I got the production of docs info back, included in the package are the same statements they have sent twice previously, a bill of sale & assignment and an affidavit. Their response to my request of POD is as follows: Please take notice that the following response is made subject to the fact that investigation and discovery are ongoing, and consequently, the parties may learn additional fats presently unknown, or may locate additional facts presently unknown, or may locate additional docs presently not identified, which may alter or invalidate this response. Consequently, this r
  15. Thanks for the info calawyer. I was a bit confused with the 30 days and 5 days mailing time thinking the 5 days covered the mailing both ways, so thank you for clearing that up for me.
  16. So 35 days have come and gone and they did not respond at all to my request for production of documents. What is my next step?
  17. I'm putting all doc's (RFA, Form & Special Interrogatories as well as my request for production of docs) in the mail today (in 2 separate envelopes with CMRR) thanks to all you! Your help and sharing of your wisdom and knowledge is incomparable, inspiring and amazing! I sincerely can not thank you all enough for your selfless guidance and time! You people and this site continue to astound and astonish me especially with the more I read and the knowledge I obtain from you angels! Words truly can not express my gratitude, but I thank you all from the bottom of my heart for giving me
  18. The sample RFP I have from astmedic states: please produce for inspection and copying within 30 days of the date of service of this request, at 9:30 a.m., at my address. Should I really indicate a time of day that it's due?
  19. Can I send their discovery requests along with the RFP or should I do them separately? Do I include my current name, maiden name and prior married name? 102.1 State your name, any other names by which you have been known and your address. Do I just submit my answers or do I also include their questions? Do I sign my name or simply type it at the end of each request? Do I need 3 of the below, one for each of their discovery requests or just one for all 3? I, _____________ am the Defendant in the above cause of action. I have read Plaintiff's CAVALRY SPV I, LLC, (form i
  20. I don't mean in the definitions area, I mean up at the top/middle right of the form. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF CONTRA COSTA, MARTINEZ DISTRICT CAVALRY SPV I, LLC, as assignee of CITIBANK, N.A., , Plaintiff, v. ME Defendant(s) __________________________________________
  21. I've seen some form/examples with this (Code Civ. Proc. §2031.010 et seq.) under the CASE NO and DEFENDANT'S 1ST REQUEST FOR DOCS area of the form and some without. Should I include it at the top of my pleading paper? The sample I have from astmedic states: please produce for inspection and copying within 30 days of the date of service of this request, at 9:30 a.m., at my address. Should I really indicate a time of day?
  22. Wow, thanks so much! Words can't even express my gratitude! 115.2 State in detail the facts upon which you base your contention that you are not responsible, in whole or in part, for plaintiff's damages. To Answer this one, you must look on Section 4 “Definitions” of the form. Is “Plaintiff’s Damages” or “Damages” defined? If not… If I'm looking in the right place; Sec 4. Definitions Words in Boldface Capitals in these interrogatories are defined as follows (check one of the following) (a) is checked and says (1) INCIDENT includes the circumstances and events surrounding