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Everything posted by MouseRabbit

  1. One year later: as an update, I did not file and serve a Memorandum of Costs (MC-010) to re-coup the money I lost. I was working so much that I chose to just move on and accept the nominal loss of money with the whole of the experience. I did, however, twice file a claim dispute with transunion after the case was dismissed. The first time was unsuccessful but the second dispute worked and the default was scrubbed from my credit score with the other credit agencies scrubbing it as well. I'm happy to say that I am feeling so much better (still out of debt and my credit score is n
  2. Thank you so much @LoveIsPower I did celebrate a little but it still has not hit me that this is over! Almost a whole year of waiting and living with anxiety over this. I cannot say enough how grateful I am that you and others are here sharing this information and listening to the details of my questions and providing useful responses. While Citibank certainly has predatory practices ie they're hoping to snare people into high interest credit card debt, it's strange to me how they didn't give me any viable options to catch up in payments - I'd probably still be making the month
  3. Thanks for the interest - I definitely owe this community a follow up! I took your advice, @LoveIsPower , and called the plaintiffs law firm, Mandarich Law, but never got thru. The gatekeeper just said she'd take a message for me. I called twice on Monday and then once on Wednesday (trial date was Friday). I was also extremely busy with work so it was tough to find the time with so many other things needing attention. I'm a costume designer / wardrobe stylist for commercials and this time if year gets very, very busy for me and then dries up at the beginning of the new year so I have to t
  4. THANK YOU @LoveIsPower @sadinca @RyanEX @1stStep and all of you other hardworking and special people who voiced support or were here in this community. I am so grateful for the positive attitudes and vibes shared with me towards winning this case and for helping be part of vanquishing these bloodsucking JDB who wield the power of the judicial system as an extortion racket. Thank you @sadinca for taking the time to supply an excellent example of how to answer discovery and for the documents you have shared. Thank you @LoveIsPower for the encouragement, links, documents and shari
  5. Okay, so I got a phone call today from the law firm that was handling the case for Cavalry SPV I - they said they got my Meet and Confer letter and there is no need for me to file the objection(MIL) as they intend to dismiss the case with prejudice. I asked if I could get that in writing and the lawyer said that they are already working on communicating it to the courthouse - in other words - not right now or ever. My trial date is the 22nd - I will keep checking my status for dismissal but I'll plan to show up just in case. Something I noticed about the documents they sent in
  6. Guys, thanks so much for all the advice - I may be really, really dumb or just tired - but I can't figure out my local court's rules for MILs? It's Chatsworth. I'm looking at the "Local Court Rules" on their website and to me it looks like 5 days - under "3.25(f)1"... guys? I'm sorry, I've been on 14hr days at work. Thank you for all the example files - I don't know where I'd be without all this help and positive instruction.
  7. I did send my CCP 96 with a POS and Paid extra for it to be certified mail. They didn't send a CCP 98. A Meet and Confer Letter sounds like the next step. When sending one, is a POS necessary?
  8. Well - no response to my CCP 96 - it's been 28 days. My next step is ... Write the lawyers a letter saying that I will be submitting a motion to exclude all evidence not properly disclosed pursuant to ccp96? And then hand my motion in to the courthouse? My trial is in 2 and a half weeks... Whew.
  9. 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).
  10. 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 therefo
  11. 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.
  12. Phew - okay, yes I'm still a few days out from my window as it turns out. Thanks for tips @LoveIsPower
  13. 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!
  14. @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.
  15. 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.
  16. 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 A
  17. 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
  18. 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?
  19. 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
  20. 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.
  21. Deadline is Sunday for it to be in the mail but as they don't collect mail on Sunday, I guess I've gotta have it in there Saturday. Yikes! No objections were in their response. Why would it have been preferable to respond to discovery before they responded? Working on reworking some answers I've seen. Been on this hectic work project but I wanna post my answers here tonight to see your thoughts. Again, thanks for all the help SadinCa!