jcman

Members
  • Content Count

    28
  • Joined

  • Last visited

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
  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
  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 h
  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 produc
  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
  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 AUTHOR
  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.