Hello! So glad to have found this site...Here are a few details of my case Suit filed on behalf of Cavalry SPV I LLC , sub service 7/18; Acct stated and Money Lent. 1 Citibank billing statement (7/2017) attached to complaint.
General Denial filed, responded to discovery requests(admissions, rogs, special rogs ) w/ objections, only statements attached as exhibits (2016-2017) I did not send discovery request, sent CCP96, response was insufficient (and slightly odd). "Plaintiff hereby respectfully submits its Trial Witnesses as follows:
1. "Person Most Knowledgeable" for Cavalry SPV I LLC (no name/address provided)
2. "Plaintiff intends on calling the named Defendants for testimony." However, plaintiff and defendant listed on the document are incorrect; it appears they are parties to a completely different case. Plaintiff listed as Midland Funding LLC and Defendant listed an unrelated female) Case number listed on the document is correct
Their Trial Evidence:
1. Billing statements dated September 28, 2016-September 28, 2017"; same statements as before .
POS dated 6/17/21 but mailing post-marked 6/21(Four days later) not sure this is important, the Legal Secretary checked off the (BY MAIL) box which states: "I am readily familiar with the firm's practice for collection and processing of correspondence for mailing with the USPS. Said correspondence will be deposited with the USPS on this same day in the ordinary course of business. I am aware that upon motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after that for mailing as declared herein."
No CCP 98 received or filed as of today;
No CMC/Trial Readiness etc appear scheduled. Regularly check Case Access via the court website; unless I'm looking in the wrong place, P has not filed anything since last year; no direct communication between parties
M&C letter addressing deficient CCP96 response will be faxed and mailed to P in the morning. Objections/motion to exclude evidence and Trial Brief will be filed with the court and served tomorrow (5 court days prior to hearing)
I'm hoping I've done everything correctly up to this point and am extremely appreciative of the information everyone has shared, this forum has helped me stay sane throughout this process. In preparation for the upcoming hearing, any feedback, suggestions or advice would be greatly appreciated...Thank You!!