bp00

Members
  • Content Count

    32
  • Joined

  • Last visited

  • Days Won

    1

Everything posted by bp00

  1. @YOLO YOLO Your case reminded me a lot of this case : I would read through everything on this case & then ask any questions you may have.
  2. @YOLO YOLO How long has your account been open? This will play a big part IMO about potential witnesses they may say they have & played into my decision making process on how I proceeded.
  3. @BV80 I misspoke, it was a Debt Validation letter I was thinking of. Sorry for the confusion I may have caused & thank you for stepping-in.
  4. @sadinca Thank you for clarifying my stupidity. A Debt Validation letter is what I was thinking of, but had BOP stuck in my head. I knew that there was a document so could have sent but didn’t whenever I received my 30-day notice letter. This is why you guys are the experts.
  5. In my case, I received a letter from the JDB stating I had 30 days to contact them or they were going to file the suit. Even though I didn't at the time, I think I could have sent them a Bill of Particulars to slow them down on the filing process. Unless they have given you some sort of time-frame when they plan to file, it sounds like they are just threatening you to me. More times than not, they don't file when they are bullying you. In some cases, they do though. Again, unless they have stated in the pre-legal notification that they are going to file in 30 days, etc; don't do anything at this point. If they have given a time-frame & depending on the wording of the pre-legal notification, you can hit them with a BOP.
  6. Here is the link to my case that I won against Winn in San Diego: Hopefully this provides you with an outline, but let me know if you have any questions. Happy to help.
  7. Did they send you a letter in the mail stating that they were going to file against you?
  8. Dismissed w/o prejudice today against Calvary. Link to my case thread:
  9. I wanted to give an update on my case. I had my CMC towards the beginning of December, and as others have said, it lasted maybe a minute long. A local lawyer sat-in for the JDB's firm; the judge asked if a date near the end of March was o.k. with both parties, we both agreed, the lawyer asked if I was a lawyer or the Defendant, for which I answered, and that was the end of it. I laid low until the 45 day mark came, and after looking at everything I had received for the case, I had noticed that the Plaintiff had originally asked for the trial to be no earlier than June. I figured that was due to their case load, so I decided my best plan for attack was to lay-low as long as I could. The Plaintiff's attorney had also sent in their CMC statement a little late, so this fed into my decision making process as well. I waited until day 35 to send off the DISC-015, hoping that they had forgot about me. I knew this would give me less time to possibly subpoena a witness along with everything else that needed to be done, but again, I felt this was my best chance. When I received a response from the attorney around the 20 day mark, it came in a single-letter envelope, which I figured was them trying to pull a fast one on me pivoting to who-knows what. It turns out it was a Request for Dismissal Without Prejudice. I have been checking online for the past week for my case to be updated online & today it was finally updated as Dismissed. I'm still in shock honestly, but beyond grateful. I want to thank @calawyer, @RyanEX, @sadinca & @gradys for all helping me with my responses & for their advice along the way. I also want to thank everyone who has posted their experiences on the site, as I have read through so many of them as well to try & build a knowledge base along the way. I would never have been able to accomplish this outcome without this site, and I can't thank everyone enough for their help & knowledge-sharing. I know a lot of people have been a lot more prepared, and filed a lot more paperwork to get less favorable results, so I know how lucky I am to end-up with this result.
  10. I received a reply to my Demand for Bill of Particulars: Plaintiff's complaint filed on XXXXX, is for an Account Stated cause of action, in addition Money Lent. In Ahlin v. Crescent Commercial Corp. (1950) 100 Cal. App. 2 d, the Court held that in action for an Account Stated, the Defendant is not entitled to a Bill of Particulars, since it is not necessary to prove the items of the account on which the account stated is based. (Also held in Distefano v. Hall (1963) 218 Cal App. 2d 675, 677.) Plaintiff, XXXXXXX's response to your Demand for Bill of Particulars in the above matter is only applicable to the action for Money Lent. Your Demand for Bill of Particulars is inapplicable as to the Account Stated cause of action. Enclosed please find Plaintiff's Response to Defendant's Demand for Bill of Particulars, as to the Money Lent cause of action only. GENERAL OBJECTIONS AND RESERVATIONS OF RIGHTS Plaintiff objects to each and every Demand to the extent that it calls for a responsive evidencing or embodying confidential communications between Plaintiff and their attorney, on the grounds that such communications are protected by the attorney-client privilege. Plaintiff objects to each and every Demand to the extent that it calls for a response evidencing or embodying the work product of his attorney. Plaintiff has not completed his investigation of the facts relating to this case, has not completed his discovery in this case, and has not completed his preparation for trail. Thus, his responses and answers below are based solely upon information presently available to him. Plaintiff anticipates that further discovery, independent investigation, legal research, and analysis will supply additional facts and add new meaning to existing facts, as well as establish new factual conclusions and legal contentions, all of which may lead to substantial additions or changes to and/or variations from the information set forth below. The following responses are given without prejudice to Plaintiff's right to produce evidence of subsequently discovered facts. Accordingly, Plaintiff reserves the right to change any and all of his responses as additional facts are ascertained, legal research is completed, and contentions are made. The responses contained herein are made in a good faith effort to supply as much factual information as is presently known, but in no way should be to the prejudice of Plaintiff in relation to further discovery, research or analysis. Plaintiff reserves the right to amend or supplement these responses should this become necessary or appropriate. Without waiving such objections and reservations, Plaintiff responds to Defendant's Demand as follows: Plaintiff is only required to produce an itemization of the account alleged within the pleadings indicating what accounts are the subject of the lawsuit. Plaintiff has been contacted by its attorneys of record, XXXXXXXXXXX, and hereby complies with this Bill of Particulars: A diligent search and reasonable inquiry has been made in an attempt to locate the requested documents. Plaintiff is continuing to search its records for documents that are responsive to this demand. Plaintiff will comply with this request and will produce all non-privileged responsive documents in its possession, custody, or control which are relevant to the issues in this litigation. Attached hereto and incorporated herein are true and correct copies of the terms and conditions and billing statements dated XXXXX to XXXXX. They sent through a year full of statements, starting one month sooner & ending one month sooner than what they have sent before. Not 100% sure what my next move is here, so any help would be appreciated. Thanks! CC: @sadinca @calawyer
  11. @calawyer Should I alter this response as well that I was going to use for the Form Interrogatories or is it still o.k. without a BOP response as of yet? Defendant objects to Plaintiff's use of the word "agreement" on the ground that is is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can’t respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the "Agreement" referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials, or goods supplied or another consideration rendered, and all the alleged payments or credits that have been made to the account. Plaintiff has not provided the complete alleged account, nor any alleged "agreement." without such information, Defendant is unable to provide the information sought in this Request. However, Discovery is still in progress and not complete. Defendant reserves the right to supplement his answer to this request after Plaintiff complies fully with Bill of Particulars.
  12. @calawyer Thank you so much for helping me answering these three Special Interrogatories. I had been looking all over for examples of these along with responses and have been hitting a brick wall & was starting to really stress over it. @RyanEX Thank you as well for jumping & helping as well. I thought these were just generally standard questions as well and was completely thrown off but what they had asked. Again, really I appreciate your help on this.
  13. @RyanEX They are Special Interrogatories (Set One) & says "Please answer or otherwise respond to each of the following special interrogatories within 30 days after service on this document". It then had the three numbered special interrogatories.
  14. Here is what I have come up with in answering these three: Special Interrogatories 1: (Hereinafter, "request" refers to and means "a request for the admission of a fact which is made by plaintiff in Set One of Plaintiff's Request for Admissions, dated May 19, 2017 and served herewith.") For each of your responses that is not an unqualified admission, please state all facts upon which you base that response, identifying that response by reference to the number of the request to which it is made. DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies. 2. For each of your responses that is not an unqualified admission, please state the name, address, and telephone number of all persons who have knowledge of the facts supporting your response, identifying that response by reference to the number of the request to which it is made. DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies. 3. For each of your responses that is not an unqualified admission, please identify all documents which support your response, identifying that response by reference to the number of the request to which it is made. DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies.
  15. @sadinca Is there a response that needs to be sent in regards to Special Interrogatories, or am I just sending my responses for Request For Admissions & Form Interrogatories?
  16. @sadinca Thanks for the clarification. I was hoping not to have to come up with entirely new answers but just strike certain content instead. I will wait for @calawyer to confirm as well. Thank you again for your help.
  17. @sadinca & @calawyer Thank you guys for your responses. With a few days left before I need to respond I am honestly at a lost as to how to respond to Request For Admissions & Form Interrogatories if I have to scrap the answers that I posted above. Do I have to formulate new responses or just take certain sentences out? Also, does the Special Interrogatories get a response as well or are they just rules that the JDB wants me to abide buy, even though I should abide by CCP 2033.220 ? Again, I'm sorry for so many questions. I feel like with all the research I do, I find kind of the right route I am suppose to go, but can never find exactly how I am supposed to correctly respond. Any links to threads with answers & templates would be greatly appreciated. I found a template from Sac Law "Responding To Interrogatories", but I am unsure if I use that template for both Request For Admissions & Form Interrogatories & Special Interrogatories if that gets a response as well. Thanks for your help on this, I can't tell you how much I appreciate it. sbs-discovery-responding-to-interrogatories-responses.rtf
  18. @RyanEX Thank you so much for the response! So if I understand this correctly, the Special Interrogatories are instructions that the JDB wants me to abide by in-regards to my responses to the Request For Admissions & Form Interrogatories? I wasn't sure if I am sending three responses (Special Interrogatories, Request For Admissions & Form Interrogatories) or just two responses (Request For Admissions & Form Interrogatories). Sorry for the multitude of questions. Just trying to reel this all in.
  19. @sadinca My BOP didn't get sent out until 6/8 due to my co-worker not being able to mail it when I originally had thought because they were admitted for emergency surgery so it didn't get mailed until 6/8. Did you mean June 23 instead of May 23 in regards to my response to the packet of Request For Admissions, Form Interrogatories & Special Interrogatories from the lawyers? I was referring to May 19 as the date all three forms were dates along with the POS that were in the packet from the lawyers, so I was trying to figure out the 30+5 timeline as to when I had to mail my responses out. I actually received that packet from the lawyers on May 27 so I didn't know if the clock started on May 19 or May 27. I have it as I need to have my forms dated June 18 as to when I need to send my responses back. Hopefully this makes sense.
  20. I am looking for some help in-regards to the Special Interrogatories that were sent along with the Request For Admissions & Form Interrogatories. Does this just mean that I have to respond to the Form Interrogatories or are these three questions that I have to answer separately as well? I'm sorry if this is a dumb question, I just am confused and want to make sure I answer everything properly. They are: 1: (Hereinafter, "request" refers to and means "a request for the admission of a fact which is made by plaintiff in Set One of Plaintiff's Request for Admissions, dated May 19, 2017 and served herewith.") For each of your responses that is not an unqualified admission, please state all facts upon which you base that response, identifying that response by reference to the number of the request to which it is made. 2. For each of your responses that is not an unqualified admission, please state the name, address, and telephone number of all persons who have knowledge of the facts supporting your response, identifying that response by reference to the number of the request to which it is made. 3. For each of your responses that is not an unqualified admission, please identify all documents which support your response, identifying that response by reference to the number of the request to which it is made. Thank you in advance for anyone's help on this.
  21. @sadinca Turns out my BOP didn't get mailed out last week, so it got sent off today CMRR. The packet I received from the lawyers was dated May 19, but I didn't receive it until May 26. If my math is right I think I am still within the 30 + 5 when they are to respond, correct? I'm not sure if it's 30 business days or 30 days. Sorry for the questions, just trying to stay on-top of this & make sure that I know when I have to answer by.
  22. @sadinca I didn't get it out until last week, so they sent their packet out before I got the BOP sent.