MouseRabbit

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MouseRabbit last won the day on September 9

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  1. Thank you @LoveIsPower again for the advice and great encouragement. It is time for me to start planning out my killer MIL and Trial Brief - any resources you (or anyone) can recommend? High on my list of cases to cite are Meza v. Portfolio Recovery Service - (which will replace Target v. Rocha).
  2. Thank you for the encouragement @LoveIsPower ! I guess I am just somewhat worried that the judge will ask why I didn't further pursue if I found their BOP "unsatisfactory". Wondering if there is just meant to be more due diligence on my part. Then again, as plaintiffs, it is their burden to prove their case not mine. "Your Honor, My BOP clearly asked for everything they had - I don't see a reason for them to have withheld anything at all. As I see it, they sent me some credit card statements that I can't verify and an alleged affidavit that can't act as a witness and is therefore hearsay. It would make more sense that I see them and their witness in Court." Does that seem a little bit glib or disrespectful of the court? After all, I did pay my court fees.
  3. okay doing a bit more reading on this forum and i am starting to feel like I've made a mistake - They responded to my BOP a few months back but I never made any Requests for Production or sent any further requests for complete BOP, nor did I do a Meet and Confer request or file any motions yet. I believe I may still have time(?) if those are absolutely needed -- (?) I have just laid low with the expectation that I will CCP 96, subpoena their witness, file MIL and then object, object, object in court.
  4. Phew - okay, yes I'm still a few days out from my window as it turns out. Thanks for tips @LoveIsPower
  5. Okay @LoveIsPower also that post by @calawyer you posted a helpful link to the LA Courtdate Calculator - I did not realize that they go by that! According to that, I am currently in my CCP 96 window(!) Obviously, I will be sending that off ASAP unless I understand the calculator incorrectly as today is the 1st of October and my trial is scheduled for near the end of November. Again, thank you for this info!
  6. @LoveIsPower wow, thank you sooo much for that post. I had a question - you said to: "45 days before the day of the trial, you will send a DISC-015 FORM pertaining to CCP 96. The CCP 96 (through the DISC-015) makes the JDB disclose everything they intend to use in court" I still have a bit of time to meet this, however I am curious as to why 45 days? I was under the impression that the window in which to send a CCP 96 was "35 to 20" days before courtdate. I believe I read that sending the CCP 96 any earlier than 35 days makes it ignorable by the afiant.
  7. Thank you @LoveIsPower. I said 20 days because I sent it via US Post - 5 days to get them, 10+5 days for them to respond. Thanks for the link to the CCP 98 decision as well. Reading it and re-reading it now.
  8. Coming closer now to the 35 to 20 days before trial and I am gonna start brushing up on all of this and sent my CCP 96 out on time. I have a question - so back about 8 months ago they did send a response to my BOP, however it was insufficient to what I had demanded. Its contents were: 1. "Plaintiff's Response to Defendant's Demand for Bill of Particulars" dated a week late of their 20 day response window. Also I don't see "I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct" on here. 2. An undated APR data table and Card Agreement Guide - there appears to be, in the margin of these, the last 4 digits of the credit card number and name. 3. Transaction history of account - a one page document stating a balance, a date and the account number the jdb created in reference to the creditcard account number. 4. Their original letter addressed to me stating that jdb have purchased the outstanding account and intend to collect. This is my first time seeing this letter as I was not living at that address when it was sent. 5. An untitled document with a table of data related to the account (last statement date, last payment date) this is possibly part of document #3 but these pages are not numbered and I've kept them in the order they were stacked in. 6. "Bill of Sale and Assignment" 3 pages - 1st is a letter signed by someone from the original creditor - however it is in reference to a bulk file and the data within the file. 2nd page is a with the quantity of accounts and sale price blacked out - it has consistent header to first page (the sale ID#). 3rd page is presumably a printout of the data from within that bulk file - it shows details of the account they're collecting. 7. 12 months of statements 8. Proof of Service - again showing they missed the 20 days to respond I'm wondering what is my move in regards to the BOP response? Do I send a MIL because they didn't respond in time and didn't verify the response? Or do I include that in my Trial Brief closer to the courtdate? Thanks guys
  9. Hi everyone, Just checked the status of my case - still "Pending". Court date is set for November (4ish months from now) Still haven't received a response to my BOP Responded to their Request for Admissions, Documents and Special Interrogatories back in Feb (5 months) Haven't heard anything from them since those requests were issued I'm not going to do any discovery requests - I'm just going to stay silent til I can subpoena their witness and expect that witness will be no-show
  10. Really sad to hear that - and I hope the best for you. Just for clarity - you mentioned that you didn't file proof of service - which documents did you neglect to do this with? Also, I thought that you don't have to file the POS (except for the initial answer) but you instead retrain the POSs' within your own records?
  11. Re: BOP Demand - they didn't include any objections. Re: Causes of Action - First Cause (Account Stated) - within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, is now due, owing and unpaid from defendant to plaintiff, as successor in interest. Second Cause (Open Book Account) - within past 4 years, defendant became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and or services rendered by Citibank NA. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid including attorney's fees from defendant to plaintiff as successor in interest.
  12. I'll check again when I get home but I don't recall anything that looked like an objection. There was a coversheet on numbered legal paper and it was followed by "exhibit a". I don't remember the exact language but pretty sure I didn't see any objection.