jcman

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Everything posted by jcman

  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.
  12. Hi Sandica, Thank you for all your help. What would be the best way to respond to Production of Document request?
  13. They sent 12 credit car statements. It's about 6 months prior to last payment and 6 months after last payment.
  14. So sorry. Was wondering what to do about that. I was not sure if i had posted in the correct place or not. All the help is appreciated. Is there are way of either merging the thread or fixing this?
  15. Received Court Summons. Calvalry SPV I California Filed Answer pro se attended trial setting conference 12/17/18 trial set for 8/13/19 any help would be greatly appreciated Report post Posted January 16 $3,910 The last day paid was May 2015 (According to the Statements they provided me). I cannot find the closed account from Citibank (the original owner of the account). Plaintiff Attorney: Quail Cardot LLP Frensno, CA Received Request for production of documents 1/9/19. There complain is for: 1.Account Stated 2. Open Book. What discovery should i send? Is the discovery request for both counts or should discoveries be prepared based on each count? Report post Posted January 16 Also received Request for admissions with: 1. Admit that you entered into an agreement with Citibank to which credit provided to YOU in the form of a credit account. Account** in exchange for monthly payments to be made by YOU. 2. Admit that YOU agreed to make monthly payments to Citibank toward the balance YOU incurred on Account No*** 3. Admit that YOU have not issued any PAYMENT to Citibank regarding Account** since 5/15/2015. 4. Admit that there remains an unpaid balance on YOUR Citibank account. 5. Admit that all charges on YOUR Citibank account were AUTHORIZED by YOU. 6. Admit that YOU owe the amount alleged for YOUR Citibank account as set forth in paragraph 19 of the Complaint filed on 9/13/2018, a true and correct copy of which is attached hereto as exhibit "A". 7. Admit that YOU owe the amount alleged for YOUR Citibank account as set forth in paragraph 24 of the Complaint filed on 9/13/2018 a true ad correct copy of which is attached hereto as Exhibit "A". 8 Admit that the invoice attached hereto as Exhibit "B" accurately reflects the outstanding balance you owe Citibank as of the date of the billing period. Admit the genuineness of the invoice of YOUR Citibank account, a true and correct copy of which is attached hereto as Exhibit "B". Report post Posted January 18 prepared and served bill of particulars. Any advice on how to proceed with their requests? Both Request for Admissions set one and request for production of documents set one were mailed 1/9/19. Report post Posted Monday at 10:38 PM Hi All, Plaintiff, CAVALRY SPV I, LLC's, response to Defendant Demand for Bill of Particulars is attached hereto as Exhibit "A". Discovery is ongoing and Plaintiff is seeking additional documents from the underlying creditors. Additional documents will be provided to Defendant upon receipt as a supplemental response to the Demand for Bill of Particulars. Exhibit "A" consisted of Copies of Several credit card statements, bill of sale and assignment, asset schedule, affidavit of sale of account by original creditor, certificate of conformity, a fact sheet, a card agreement, and a Cavalry Transaction History for account. Any advice? Anyone? my reply is due tomorrow. 1/8/19.
  16. Hi All, Plaintiff, CAVALRY SPV I, LLC's, response to Defendant Demand for Bill of Particulars is attached hereto as Exhibit "A". Discovery is ongoing and Plaintiff is seeking additional documents from the underlying creditors. Additional documents will be provided to Defendant upon receipt as a supplemental response to the Demand for Bill of Particulars. Exhibit "A" consisted of Copies of Several credit card statements, bill of sale and assignment, asset schedule, affidavit of sale of account by original creditor, certificate of conformity, a fact sheet, a card agreement, and a Cavalry Transaction History for account. Any advice? Anyone?
  17. Both Request for Admissions set one and request for production of documents set one were mailed 1/9/19.
  18. prepared and served bill of particulars. Any advice on how to proceed with their requests?
  19. Also received Request for admissions with: 1. Admit that you entered into an agreement with Citibank to which credit provided to YOU in the form of a credit account. Account** in exchange for monthly payments to be made by YOU. 2. Admit that YOU agreed to make monthly payments to Citibank toward the balance YOU incurred on Account No*** 3. Admit that YOU have not issued any PAYMENT to Citibank regarding Account** since 5/15/2015. 4. Admit that there remains an unpaid balance on YOUR Citibank account. 5. Admit that all charges on YOUR Citibank account were AUTHORIZED by YOU. 6. Admit that YOU owe the amount alleged for YOUR Citibank account as set forth in paragraph 19 of the Complaint filed on 9/13/2018, a true and correct copy of which is attached hereto as exhibit "A". 7. Admit that YOU owe the amount alleged for YOUR Citibank account as set forth in paragraph 24 of the Complaint filed on 9/13/2018 a true ad correct copy of which is attached hereto as Exhibit "A". 8 Admit that the invoice attached hereto as Exhibit "B" accurately reflects the outstanding balance you owe Citibank as of the date of the billing period. Admit the genuineness of the invoice of YOUR Citibank account, a true and correct copy of which is attached hereto as Exhibit "B".
  20. I was preparing the bop but i was wondering how to approach? a Bill of Particulars setting forth all items and details of the account on which the cause of action for [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit] of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account.