FiredupinCA

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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 not able to do CCP96 or something else similar, how do I follow through with getting their so called expert witness testimony and evidence tossed when I won't know what they are? CCP §96(a), Either party may serve a request for disclosure of witnesses who will be called, and documents, photographs, and other evidence that will be offered at trial. . Make the request on the mandatory Judicial Council form, Request for Statement of Witnesses and Evidence—For Limited Civil Cases (Under $25,000) (Judicial Council Form DISC-015).
  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 that the purpose? Also, on the meet and confers I've seen thus far, the people always say to call them and leave a phone number. Do they really call? I wouldn't even know what to say if they did. I have read a few things on my future judge, but have been really busy (it's been a hell of a week) so haven't been able to call the clerk yet, but thanks for the advice. I am happy to know he takes great heart in the briefs and paperwork submitted to court and although he rules from the bench has done his homework and is up on the details of the case prior to court. As opposed to the current judge I have who has a reputation of not putting much thought into the briefs & paperwork, doesn't know details about the trial ahead of time and rules solely from the bench with the evidence provided. I'll check out the ABTL report, thanks again!
  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 Jan. I obviously didn't look at every day, but looked at several different days throughout each month and nothing comes up for his dept. Do you know what I could be doing wrong in my search? Also, I had previously made the decision to wait until the 45 days before court before doing anything else. Unfortunately my mind won't rest and I thought perhaps it would be best (if only for my sanity) to proceed with the next steps, which I believe are meet to confer and MTC. After being in court today I'm not so sure of that decision. My judge informed a pair of lawyers for a CMC that were talking about incomplete discovery and needing more time that she deplores discovery motions, finds them unnecessary and a waste of the courts time, instead she advised them to mediate. Based off of her response to them I figured I should stick with my original decision and not do anything until closer to trial. However, once I found out there will be a new judge I'm not sure how to proceed. I don't want to waste my time, your time or the courts time if she's just going to direct us to mediate to avoid trial if I were to continue on with the next steps, but I would also like to end this all as soon as possible. I'm unsure now how to proceed and confused as to how a new judge changes things in my case with filing motions now (that the current judge apparently doesn't like) and also worried that I can't find the new judges schedule, won't be able to see him in action and get a feel for him. Any advice or suggestions, as always would be greatly appreciated! Thanks
  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, what to expect going forward etc. So I'm a bit unsure about that, but I guess I will figure that out as I get closer to the trial date. Should I go ahead and do the meet and confer anyhow just to see how they respond and what all else they might provide, if nothing else, just to give them more to do? What is the purpose of a meet and confer exactly? Would I basically be objecting (not in the legal term) to what they have provided me? Would they really call because I would have no idea what to say if they did, but more than likely I wouldn't even answer the phone.
  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 response is made without prejudice to the right to produce at any further time, including the time of trial, subsequently discovered material facts & docs. Plaintiff reserves the right to amend or supplement these responses should this become necessary or appropriate. Please note further that this response is made solely for the purpose of, and in relation to, the above entitled action. Except for admission explicitly made herein, no admission of any nature whatsoever is to be implied or inferred. The fact that this response may contain answers of admission to certain requests of questions should not be taken as an admission or concession of the existence of any facts set forth of assumed by such requests or questions, or that such response constitutes evidence of any such fact set forth or assume. Please note further that a request of question that was propounded to be continuing is objected to as oppressive, burdensome, and not in proper compliance with the California Code of Civil Procedure and will not be regarded as continuing in nature. The fact that such purportedly continuing request or question is responded to herein is not a waiver of such objection. Please note further that plaintiff objects to each and every request to the extent that it calls for a response evidencing or embodying confidential communications between defendant, or any officer, director, or employee of plaintiff, and plaintiff's attorney, on the grounds that such communications are protected by the attorney-client privilege. Please not further that plaintiff objects to each and every request to the extent that it calls for a response evidencing or embodying the work product of plaintiff's attorneys. REQUEST NUMBER 1: All docs relating to or constituting any agreement between defendant and Citi bearing defendant's signature. RESPONSE TO REQUEST NUMBER 1: Plaintiff hereby incorporates the general objections set forth above. Plaintiff objects to this request to the extent that it fails to properly limit the time period and subject matter to the claim and/or issues raised in this litigation, and makes the request overbroad and unduly burdensome in that it seeks production of docs that are beyond the scope of this litigation. Plaintiff objects to this request to the extent that it is irrelevant as Account Stated does not require a signed contract. Subject to and without waiving the foregoing preliminary response and objections, Plaintiff responds as follows: Therefore, Plaintiff will not be responding at this time. REQUEST NUMBER 2: All docs relating to or constituting any assignment to plaintiff of the alleged account referred to in the complaint. RESPONSE TO REQUEST NUMBER 2: Plaintiff hereby incorporates the general objections set forth above. Subject to and without waiving the foregoing preliminary response and objections, Plaintiff responds as follows: Attached hereto and incorporated herein as Exhibit '1' are true and correct copies of the Bill of Sale and Assignment, and the Schedule A. Attached hereto and incorporated herein as Exhibit '2' is a true and correct copy of the Affidavit. REQUEST NUMBER 3: All docs constituting statements of alleged account number xxxx showing all payments and credits from inception until present. RESPONSE TO REQUEST NUMBER 3: Plaintiff hereby incorporates the general objections set forth above. Plaintiff objects to this request to the extent that it is irrelevant as a a complete statement is not required for Account Stated. Subject to and without waiving the foregoing preliminary response and objections, Plaintiff responds as follows: Attached hereto and incorporated herein as Exhibit '3' are true and correct copies of the billing statements dated (lists dates of statements provided) EXHIBIT 1: Bill of Sale and Assignment (on the top it has Contract ID and Document ID #'s) The bill of sale and assignment, dated Aug 20, 2015, is by Citi, a national banking association organized under the laws of the US, located at (lists address) (the "Bank") to Cavalry SPV ("Buyer") organized under the laws of the State of Delaware, with its headquarters/principal place of business at (lists address) For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated Aug 18, 2015, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file. Citibank, N.A. It has one person's name, signature and title. The page included along with it appears to be cut and pasted from an Excel spreadsheet, has the purchase date, account number, contract date, last pay date, creditor, initial balance and maker name. EXHIBIT 2: AFFIDAVIT State of Missouri, County of Platte Account Holder: My name, lists last 4 of the account number and last 4 of my SS#. The undersigned (lists name) being duly sworn, states and deposes as follows: 1. I am an employee of Citibank, N.A. a national bank located in Sioux Falls, South Dakota, and I am authorized to make this Affidavit. My job titel is Document Control Officer. My job responsibilities include reviewing and obtaining account info in Citi's records as it relates to credit card accounts owned or previously owned by Citi. This includes accounts previously owned by Citi (South Dakota) N.A., which merged into Citibank in or about July 2011. The statements set forth in this affidavit are true and correct to the best of my knowledge, information and believe based on either personal knowledge or review of the business records of Citi. 2. My duties include having knowledge of, and access to, business records relating to the Citi account referenced above. These records are kept by Citi in the regular course of business and it was in the regular course of business of Biti for an employee or representative with personal knowledge of the act, even, condition, or opinion recorded to make memorandum or records or to transmit info thereof to be included in such memorandum or records; and that the records were made at or near the time of the act and/or event recorded or reasonably soon thereafter. 3. Citi's records reflect that a credit account ending in account number XXXX (the "Account") was sold to Cavalry on or about Aug 20, 2015. At the time the Account was sold, Citi prepared and forwarded to Cavalry, a spreadsheet reflecting Account info as of the sale dated based on Citi's records, including, among other things, the Account number, Account balance, the date of the last payment, the Account holder's name, and Social Security number (the "Account Information"). The Account Information reflects that the Account was opened on (lists date). The Account Information reflects that the Account holder's name at time of the sale was (my name) with a SS # ending XXXX. 4. The Account Information indicates that, as of the date the Account was sold, there was due and payable on the Account (lists amount due) 5. The Account Information reflects that, as of the date the Account was sold, the last Account payment received by City, posted to the Account on (date listed) I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true. Executed on May 17, 2016 It is signed and notarized. I am under the impression that debts are typically sold after 18 months, which would mean Citi sold it much before the Aug date listed as Cavalry purchasing the debt from Citi. I'm not positive, but I believe someone else originally purchased the debt from Citi, so I would assume Cavalry purchased it from someone other than Citi, so that info seems inaccurate to me. I also think it's strange that the Affidavit was executed in May and in Missouri when Citi is located in South Dakota and Cavalry is located in NY. Wouldn't the so called Citi Document Control Officer employee work/live in the same place Citi is located? Maybe I'm reading too much into it, but it doesn't make sense to me, especially if another company purchased the debt prior to Cavalry purchasing it that the Affidavit lists the sale between Citi and Cavalry and yet the affidavit wasn't dated until May of this year when the sale supposedly transpired last Aug. The paperwork did not include a proof of service, should it?
  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 hope, a means to fight back and especially for taking away the helpless feeling I've had for months! Have a beautiful and blessed week!
  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 interrogatories/Special interrogatories/Request for Admission) Set No: ______, propounded to be by CAVALRY SPV I, LLC., and my response to the request. I am familiar with the contents of both. bAsed on my knowledge, the responses to Plaintiff's request are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
  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) ______________________________________________ ) ) ) ) ) ) ) ) ) ) ) CASE NO: DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE) "UNLIMITED CIVIL MATTER" (Code Civ. Proc. §2031.010 et seq.)
  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 the alleged accident, injury or other occurrence or breach of contract giving rise to this action or proceeding. Nothing else is selected other than the individual questions, so I'm guessing I put: Defendant objects to this interrogatory on the ground that it is vague and ambiguous in its use of the term “Plaintiff’s damages” in that Plaintiff has not been “damaged” as defendant understands that undefined term. Have you had your baby girl yet? Have a fabulous weekend! Thanks again!