css

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About css

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  1. I hadn't learned about Admissions & Interrogatories, so I didn't do that.
  2. Would you please share on your discovery? What did it consist of? What documents did you request? Were there any admissions and interrogatories? If so, what did they consist of? I was rushed, having hesitated until I had to serve it immediately in order to give them 30 days plus 5 for mailing plus a few days I'd need pre-trial to see what they submitted (if they did). So I demanded in a Demand for Production and Inspection of Documents what I described a couple of posts back: the original contract signed by the alleged original creditor and me, the alleged debtor, authenticated monthly statements, any and all calculations of interest included in the alleged debt, & the name and signature of the person at the alleged original creditor who assigned the alleged debt to the plaintiff, and I defined docs. Calawyer gave me the verbiage in one of his posts (my thread), and here is an example in my first item: All documents referring to, relating to, or constituting any contract signed by .... (defendant) in this action including, but not limited to, the original signed contract referred to in paragraph ... of the complaint. I asked for "All documents referring to, relating to, or constituting" the interest calculations, the authenticated monthly statements, and the signed assignment of debt from the original creditor to the plaintiff, including signature, printed name, and title with contact information of the person at original creditor who assigned the debt to the plaintiff. I called it Demand Set #1 and every item was labeled 1.1, 1.2, 1.3, etc. I served it on them and kept a cc and the POS but did not serve the court. Did discovery begin after your initial case management conference (CMC), or before? Well, everything but my CMCS happened after the CMC, in my case. Is there anything I should be aware of in preparing my case management statement? Not that I recall. I printed out the form CM-110 and filled it out. Are there any particular forms to use for discovery and the notice to appear? There may be, but I made them up, called Notice to Plaintiff's Most Knowledgeable Person to Appear at Trial with Documents (and the docs were the ones in my discovery demand), and Demand for Production and Inspection of Documents, and Request for Statement Identifying Witnesses and Evidence. To get language, I found them in other cases and changed the particulars. You'll find other counties in my threads suggested to me where the docs were accessible online.
  3. I know I did too! And of course, the help of the folks here who held my hand for almost ten months was just crucial. P.S. The most important thing I learned was not to become paralyzed with panic and hope it goes away, because that's what "they" are betting on. And I would've, if I hadn't found this board.
  4. Ohhhh. You are in California too! I just noticed that the states are displayed! So ask me anything you like. I can tell you where I got a doc or when I filed it or whatever you need.
  5. I also did a demand for a statement identifying their witnesses and evidence, including copies of any docs to be introduced at evidence. They did that to me, so I did it back. (I didn't know about that until I received theirs.) That was their only discovery demand. And they didn't serve it until I served my other discovery demands on them. That had a twenty-day plus five-for-mailing time I had to allow them, too, as I recall.
  6. Well, I was not very prompt because I was learning (feverishly) what to do and how to do it. What pushed me was the required time I had to allow them to comply with my discovery demand(s) before the trial date. I served it in time for them to have the 30 days plus 5 for mailing, or whatever it was (yours may be entirely different) before the trial date. I filed that notice to appear in time for them to have it well in advance of the trial date. Again, your state might have a deadline pre-trial for you to do that. I answered their discovery demand as soon as they sent it. All of these things happened (in my case) in the 6 weeks prior to the trial date. Then 6 days prior to the trial date, they moved to dismiss. That was also one day before they would have had to meet my discovery demands. I don't know which triggered their motion to dismiss. P.S. I did the notice to appear with person and docs in order to double up on my demands for the docs. I was making it clear that I required those docs (and I described them as the original contract signed by the alleged original creditor and me, the alleged debtor, authenticated monthly statements, and any and all calculations of interest included in the alleged debt, & the name and signature of the person at the alleged original creditor who assigned the alleged debt to the plaintiff, and I defined docs. All these demands and the verbiage is in my previous thread, I think, but I'm happy to supply anything that's missing). I didn't know what I was doing, so I'm not sure that you want my procedure as a model. I guess I would say to find out all your deadlines pre-trial and don't miss any. In my case, this all happened way after my Answer. My Answer was filed many months before a trial date was set. The trial date was set at the CMC.
  7. I wish! We do make the drive to the diner in Mayberry for special occasions. One time one of our neighbors went to Mount Pilot! Came back with stories you would not believe.
  8. David 9041, I learned something else worth repeating, maybe. I finally learned to DO IT and not let fear of doing it wrong paralyze me. Even when I wasn't 100% sure of the proper form or process, I filed it with POS and I always enclosed an SASE on the one that went to the court. (I was doing everything by mail.) Three times, something came back to me with instructions from court personnel for doing it right. I even found that emails to the law library were answered, and so were emails to the court ("contact us"). The first time I filed something, I didn't know to include an SASE. I did something wrong (I forget what) and I did eventually get it back with instructions. But next time I enclosed an SASE and I got it back with instructions immediately. I suspect that in the first case someone puts it on someone's desk to type an envelope and mail it, and in the second case the person who makes the note of what I did wrong just sticks it in my SASE and puts it in the mail. ETA: On one of my first things (maybe it was my Answer), I received the form back with a handwritten note scribbled on it from a deputy clerk of court saying "You are doing this wrong. Call me at --- ---- and I'll help you." Not legal help, exactly, but technical help. "The way things are done" help. None of this is fast. The emails weren't answered that same day, and of course mailed scribbled instructions were not instant. However, the process, from complaint to trial, is far from rapid!
  9. I certainly could, but I'm pretty sure that there are already stickies here of step-by-steps from winners. Also, I can't say that I did everything right. I doubt that. I didn't know about demurrers and I didn't do my discovery perfectly. I did it well enough, based on the results, but if my case had hinged on anything besides the plaintiff's docs (or lack thereof), it would not have been good enough. Here are the things I did, every single one with help from this forum: a timely answer to the complaint, a CMCS, a case management meeting with the judge, a demand for docs (discovery), including an arrangement with a local court reporter office to receive and photocopy such docs, a notice to them to appear with most knowledgeable person and with their docs, and a response to their discovery demand declaring that my evidence would be their docs that they are demanded to show up in court with. Also, specific to me, I filed for waiver of court fees, and I also filed a Notice of Plaintiff Using Wrong Address (a form I had to make up). If you want details of any of those, I'll be happy to give them. How could I not, considering that without this board I never would have managed this? It's scary, though, how hard it is for a lay-person to navigate the system. Even figuring out what POS means (my first guess was incorrect) and realizing that the judge is not there to guide the defendant through what s/he should say. I read another post here saying that the defendant had not been addressed at the CMC and had left as much in the dark as she was when she came in. That was when someone else posted: The judge assumes that if you don't speak, you agree with everything and/or have nothing to say. What else can s/he assume? It took a while for me to have a light-bulb moment: I am not only the defendant, but also the defendant's representation; so I'd better start acting like it and speak up just like the other guy is speaking up.
  10. THAT's a pity, because there sure has been a ton of it!
  11. When I called with my offer, which I will follow up on, I saw no reason to mention the amount. I served by mail, but as mentioned, stamps do cost money. And I also bought 15 minutes of telephone discussion. But anyway, no matter what the total is, why would they want to pay it when they can get out of it, right? I can't imagine them refiling, either. I would like it gone, though. Also, I liked being treated with a little respect for the first time, when I called, post-dismissal, with my offer.
  12. That's a good point. Not just the SOL, but also the fact that they are never going to have a case. They don't have one now and they aren't going to have one in the future. It's just that I want this to be gone. All gone.
  13. I forgot about lots of stuff! Filing fees (waived) are not the only costs! Thank you to everyone for reminding me of all the other stuff. I betcha they will try to fiddle around until my time allowed to get a judgment for costs is past, so I will be sure to research that and also remind them that I will not wait indefinitely for that dismissal with prejudice. BTW, I am guessing that this JDB filed the suit just before the SOL date. Does this legal process that just happened start the clock running again?
  14. ... plus me! Although I am a thousand times more competent now than I was last December.