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elopez

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Everything posted by elopez

  1. Unfortunately it's not the answer I had hoped for but I was aware that they have provided enough info. to possibly win a judgment. I thank you for the advice and will probably pursue to settle or just simply request a court hearing in hopes of making a payment arrangement.
  2. Ok...here is further info. re. my case with a brief summary explained for ea. of the docs that were submitted & mailed to me. The SOL is within the time frame as the account went bad in 2006 for the amount of originally $5,000 now at $6,500. Ltd. Civil Case: Notice for Motion for summary adjudication; separate statement; declaration; points & authorities. The points are summarized below for each individual document; trial or court date is set for 4/08 1.Summary for judgment & summary adjudication in favor of plaintiff and against defendant submit on moving papers w/o appearing or trial due to no defense to complaint & no triabale issue as to material fact. Plaintiff’s separate statement of undisputed material facts & references to supporting evidence. 1. Plaintiff submits the following: a. Defendant has credit card agreement - attached exhibits b. Purchases were made - attached exhibits c. Defendant agreed to pay - attached exhibits d. Defendant is indebted to plaintiff - attached exhibits e. Failed to make payment - attached exhibits f. Plaintiff has performed all conditions - attached exhibits g. Plaintiff is entitled to cost of suit as prayed - attached exhibits Declaration in support of motion for summary judgment & summary adjudication 1. Citicard record custodian’s declaration in regards to record keeping and amount of $6,000 due. Exhibits attached are: statements & signed contract Points & Authorities 1. Plaintiff seeks damages 2. Motion for summary judgment shall be granted if all the papers submitted show there is no triable issue. 3. Plaintiff has met burden of proof. 4. Court has no discretion to refuse summary judgment based on Krasley v Superior court. 5. Any opposition shall include a separate statement, which responds to ea. Material fact contended by moving party indicating whether the opposing party agrees or disagrees 6. Conclusion: defendant fails to raise material issue or fact or law in this case & plaintiff has established every element thus request judgment for $6,500. Judgment doc is attached for judge to sign.
  3. What to do at this point? Here is info. regarding Case Summary in California: Most recently served with Notice of submission; motion for summary judgement & summary adjudication; separate statement; declaration; Points & Authorities; Judgement; and order These docs included exhibits i.e contract and statements. CITIBANK SOUTH DAKOTA VS. Me Case Type: COLLECTIONS CASE (Limited Jurisdiction) Future Hearings None Plaintiff: CITIBANK SOUTH DAKOTA N.A. Attorney: LAW OFFICE OF HARRIS & ZIDE - FLINT C. ZIDE Defendant: Me Attorney: None Party Information Histories ( Dates listed in descending order) 11/15/2007 PROOF OF SERVICE RE: FORM INTERROGATORIES; REQUEST FOR ADMISSION; ADMISSION RESPONSE FILED. SERVED AS TO COSTS OF $ 0.00 . 09/20/2007 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM. 09/19/2007 ANSWER FILED. WAIVER . 09/19/2007 ORDER TO SHOW CAUSE HEARING IS VACATED, RESPONSIVE PLEADING HAVING BEEN FILED, CASE REMAINS ON CALENDAR FOR A NON-APPERANCE CASE MANAGEMENT REVIEW ON 02/25/08 AT 01:30P M, IN DEPT. 2CM 09/17/2007 PROOF OF SERVICE RE: SUMMONS AND COMPLAINT; CIVIL COVER SHEET/ADDENDUM; ADR PACKAGE FILED. SERVED. 09/10/2007 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED AND FJUDGE PRO TEMPORE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING ON 02/25/08 AT 01:30P M., IN DEPT. 002 . CERTIFICATE OF MAILING FILED. 08/24/2007 COMPLAINT FILED. RN ALH258280005. 08/24/2007 SUMMONS ISSUED. 08/24/2007 SUMMONS FILED.
  4. Mann this is great stuff...I will do just that...again thank you!
  5. Thx Trueq...did this work for ya or are you still awaiting Final outcome?
  6. This is a new thread since the last one I posted I failed to provide info. I am being sued by Credit Card Co./Attorney. The attorney responded and denied all except for one which they admit to. What happens next any advice? here is a brief history of events that have transpired for credit debt that i am being sued for...as obtained by the on-line courthouse database. 11/15/2007 PROOF OF SERVICE RE: FORM INTERROGATORIES; REQUEST FOR ADMISSION; ADMISSION RESPONSE FILED. SERVED AS TO 09/20/2007 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM. 09/20/2007 APPLICATION(S) FOR WAIVER OF COURT FEES AND COSTS FILED BY IS GRANTED. APPLICANT(S) MAY PROCEED IN THIS ACTION WITHOUT PAYMENT OF ANY COURT FEES OR COSTS LISTED IN RULE 985(I), CALIFORNIA RULES OF COURT. 09/19/2007 ANSWER FILED OF RECEIPT # FEE WAIVER . 09/19/2007 APPLICATION AND ORDER FOR WAIVER OF COURT FEES AND COSTS AS TO RECEIVED AND FORWARDED TO DIV. 002 FOR CONSIDERATION. 09/19/2007 ORDER TO SHOW CAUSE HEARING IS VACATED, RESPONSIVE PLEADING HAVING BEEN FILED, CASE REMAINS ON CALENDAR FOR A NON-APPERANCE CASE MANAGEMENT REVIEW ON 02/25/08 AT 01:30P M, IN DEPT. 2CM 09/17/2007 PROOF OF SERVICE RE: SUMMONS AND COMPLAINT; CIVIL COVER SHEET/ADDENDUM; ADR PACKAGE FILED. 09/10/2007 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED AND FILED by JUDGE PRO TEMPORE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING ON 02/25/08 AT 01:30P M., IN DEPT. 002 . CERTIFICATE OF MAILING FILED. 08/24/2007 COMPLAINT FILED. 08/24/2007 SUMMONS ISSUED. 08/24/2007 SUMMONS FILED
  7. here is a brief history of events that have transpired for credit debt that i am being sued for... 12/21/2007 Interrogs rcvd from attorney and admit to most and denied one. 11/15/2007 PROOF OF SERVICE RE: FORM INTERROGATORIES; REQUEST FOR ADMISSION; ADMISSION RESPONSE FILED. SERVED AS TO 09/20/2007 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM. 09/20/2007 APPLICATION(S) FOR WAIVER OF COURT FEES AND COSTS FILED BY IS GRANTED. APPLICANT(S) MAY PROCEED IN THIS ACTION WITHOUT PAYMENT OF ANY COURT FEES OR COSTS LISTED IN RULE 985(I), CALIFORNIA RULES OF COURT. 09/19/2007 ANSWER FILED OF RECEIPT # FEE WAIVER . 09/19/2007 APPLICATION AND ORDER FOR WAIVER OF COURT FEES AND COSTS AS TO RECEIVED AND FORWARDED TO DIV. 002 FOR CONSIDERATION. 09/19/2007 ORDER TO SHOW CAUSE HEARING IS VACATED, RESPONSIVE PLEADING HAVING BEEN FILED, CASE REMAINS ON CALENDAR FOR A NON-APPERANCE CASE MANAGEMENT REVIEW ON 02/25/08 AT 01:30P M, IN DEPT. 2CM 09/17/2007 PROOF OF SERVICE RE: SUMMONS AND COMPLAINT; CIVIL COVER SHEET/ADDENDUM; ADR PACKAGE FILED. 09/10/2007 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED AND FILED by JUDGE PRO TEMPORE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING ON 02/25/08 AT 01:30P M., IN DEPT. 002 . CERTIFICATE OF MAILING FILED. 08/24/2007 COMPLAINT FILED. 08/24/2007 SUMMONS ISSUED. 08/24/2007 SUMMONS FILED.
  8. Sorry for the delay and lack of info. I am being sued from a Citibank and the plaintiff's lawyer answered interrogatories. The attorney answered after I served my responses and interrogatories. Is there a possibility of a motion to compel?
  9. I recently sent my own interrogatories (after receiving interrogatories from plaintiff) to the plaintiff and lawyer responded. Admit to some and deny others. What is the typical next step in this situation. I tried to search for similar topics on this forum but I was unsuccessful.
  10. I responded to their interrogatories from sample in this forum & I also request admission from them via interrogatories to which some responses were admit and some deny...what's next?
  11. Thank you both Charlanyc & Genuwine. The DV they sent me via mail were just statements. No I have not responded as of yet. I will respond with discovery.
  12. Thank you, Debt Guy! I did respond via court response to the original judgment summons sent by CA/Lawyer. In my court response I stated that they did not validate the information as I requested in a certified letter in July. Last week I received a package from CA/Lawyer containing the OC statements for account. Yesterday I received mailed court docs as I stated earlier. I have 30 days to respond. Thus should I respond to this court interrogatories and what is the basis typically for this type of response, especially being that it will be the 2nd response from me in this matter?
  13. Recently I was served via mail the following court docs: proof of service, Supplemental Interrogatories & request for admission. The CA/Lawyer has also mailed, separately, copies of statements for the account, as requested in letter back in July and also in a court response. What happens next & since originally CA/Lawyer did not response w/in 30 days back in July would it be able to apply for a dismissal due to non-response w/in a given period?
  14. Recently I was served via mail the following court docs: proof of service, Supplemental Interrogatories & request for admission. The CA has also mailed, separately, copies of statements for account, as requested in response to my DV. Do I need to response to these court orders or docs. Please advise. I would rather go to court as I have legitimate life expenses such as child care, food, gas etc...I originally tried to negotiate payment however I was refused since I offered to pay small amount in comparison of the requested amount.
  15. Recently I was served via mail the following court docs: proof of service, Supplemental Interrogatories & request for admission. The CA has also mailed, separately, copies of statements for account, as requested in response to my DV. Do I need to response to these court orders or docs. Please advise. I would rather go to court as I have legitimate life expenses such as child care, food, gas etc...I originally tried to negotiate payment however I was refused since I offered to pay small amount in comparison of the requested amount.
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