jcman

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About jcman

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  1. Hi Again, Case was dismissed without prejudice today 1 day prior to trial. Thank again for all your help. I hope they don't try this again as the last payment was May 2015 and now the SOL is over? The SOL clock does not stop when they filed their suit right? thankful and appreciative to all that helped.
  2. @calawyer @sadinca @RyanEX Anyone's feedback here would be greatly appreciated.
  3. What would be the best way to object to the docs they've sent to me so far via BOP, attached with the complaint, and via verification of debt (not requested)? I did not make CCP 96. I missed that deadline. I did receive a letter stating "Notice to Attend Trial" CCP 1987(b). Should i bring up those items in a trial brief or objection filing or prep for it but wait until they potentially try to introduce it at trial? Any help would be greatly appreciated as i cannot afford to loose this trial.
  4. RyanEX. Thank you. The plaintiff did not serve me with a copy of their trial brief if it was 10 court days or 10 calendar days. What do you think that means? Also no CCP 98 as stated in the previous post.
  5. @RyanEX, @sadinca, @calawyer Any ideas as to what might be good strategy? Do you know if the 10 day requirement for the trial brief, is it 10 calendar or court days?
  6. "REQUIREMENTS OF TRIAL" HANDED TO ALL PARTIES BENCH TRIAL ORDER: EACH SIDE IS ORDERED TO FILE WITH THE COURT AND EXCHANGE WITH OPPOSING PARTIES, THE FOLLOWING DOCUMENTS: 1) TRIAL BRIEF, 2) WITNESS LIST, 3) EXHIBIT LIST THAT IS PROPERLY PAGE NUMBERED, TABBED AND INDEXED PURSUANT TO CALIFORNIA RULES OF COURT 3.1110(C) AND (F). THE DOCUMENTS NEED TO BE EXCHANGED AND FILED WITH THE COURT TEN (10) DAYS PRIOR TO TRIAL. ANY CODE OF CIVIL PROCEDURE 98 DECLARATION MUST BE SERVED AT LEAST THIRTY (30) DAYS PRIOR TO TRIAL AND IN COMPLIANCE WITH THAT STATUTE. A VIOLATION OF THIS ORDER MAY RESULT IN MONETARY SANCTIONS, EXCLUSION OF EVIDENCE, AND/OR WITNESSES.
  7. Still nothing from plaintiff. Are the 10 days calendar days or court days?
  8. Thank you @RyanEx N Nothingfrom the plaintiff. Trial Brief and objections at trial?
  9. @sadinca@RyanEx I prepared the request for admissions and the request for production of documents and served their attorney but i did not hear back from them and now i'm trying to prepare for trial. Trial is set for 8/13/19. Judges instruction for trial--------> Department S-17’s Trial Setting Orders Judges Michael M. Dest and Barry L. Plotkin -------------------------------------------------------------------------------------------------------------------- Bench Trial Orders: Each side is ordered to file with the court and exchange with opposing parties, the following documents: 1. Trial Brief, 2. Witness List, 3. Exhibit List that is properly page numbered, tabbed and indexed pursuant to California Rules of Court ten (10) days prior to trial. Any Code of Civil Procedure 98 declaration must be served at least thirty (30) days prior to trial and in compliance with that statute. A violation of this order may result in monetary sanctions, exclusions of evidence, and/or witnesses. -------------------------------------------------------------------------------------------------------------------- Mandatory Settlement Conference (MSC) Order: Pursuant to California Rule of Court 3.1380 and Local Rule of COurt 611, all trial counsel, all parties and adjusters are ordered to appear, (no telephonic appearance permitted, including adjustor). No less than five (5) days prior to the Settlement Conference, MSC briefs must be filed and served on opposing parties that include all four (4) elements enumerated in CRC 3.1380, including, but not limited to settlement discussions. A violation of this order may result in monetary sanctions, exclusions of evidence, and/or witnesses. Trial Readiness Conference (TRC) order: At the trial readiness conference, all trial counsel and parties are ordered to appear. It is further ordered that no less than three (3) court days prior to the TRC, the parties shall file in this Department (not the clerk’s office): 1) Any opposition to the Motions in Limine, 2) Proposed CACI-approved jury instructions in 14-point font customized to the case (a numerical list of proposed instructions is not acceptable), 3) Proposed verdict forms, 4) Witness and Exhibit lists, 5) Any proposed voir dire questions and/or questionnaires, and 6) A short statement of the case to be read to the jury, if applicable. Documents should be jointly submitted. However, all Motions in LImine shall be in writing and filed with this department and with service completed at least eight (8) days prior to the conference. A violation of this order may result in monetary sanctions, exclusions of evidence, and/or witnesses.
  10. Production of Documents: YOU ARE HEREBY FURTHER REQUESTED to serve on the undersigned, as attorney for the requesting party, within (30) days of the service of this request, a written response subscribed under oath, regarding those items to be produced and those items claimed to be privileged. Any advice here on how to address this? @sadinca
  11. Re: Plaintiff Request for Production of Documents Thoughts overall? @sadinca 1. Any and all DOCUMENTS of whatever kind or nature RELATING TO purchases made on YOUR Citibank, N.A. account, Account No. ending in XXXX. Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account." Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff. However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars. 2. Any and all DOCUMENTS depicting PAYMENTS made by YOU on YOUR Citibank, N.A. account, Account N. ending in XXXX. Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account." Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff. However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars. 3. Any and all COMMUNICATION between YOU and Citibank, N.A. regarding your Citibank, N.A. account No. ending in XXXX. After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff. However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.