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About phoenixfighter

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  1. Thank you LeagleEagle! Question - Am I allowed to resubmit in California where there are limits on the total number of requests that you can submit? One more if I may - do you a recommendation for how to format a Mediation Statement? Again, thank you!
  2. OK, the paragraph referenced above was included in the response s to the following discovery requests. Interrogatory 3: Identify all witnesses with evidence in support of your Complaint that the Defendant entered into a contact and is indebted to the Plaintiff. In addition to the previously reported paragraph, the following was also included in response: Responding party further objects as monthly statements on the Account, which make up the account as stated sued upon, were provided to the Defendant. Therefore Defendant presumably has knowledge and custody and control of the “evidence” and is
  3. In several responses, this paragraph is included: Responding party objects to this request on the grounds that the Propounding Party has sent Form Requests which are not tailored in any way to the allegations in the Complaint - specifically , Plaintiff sued on the basis of common counts not a formal breach of contract action. Responding party further objects to this request on the grounds that it is overbroad as to scope, uncertain and compound, burdensome and oppressive. Thank you for your help!
  4. Citibank responded to my first discovery requests and in response to several of the requests, they have cited that the suit was initiated on common cause versus breach of contract. Can any of the experts please offer input as to next steps and help me understand the difference? Thank You!
  5. Thank you LegalEagle! Can I use your outline as a basis for my mediation statement in California?
  6. All theses examples are very helpful. Does anyone have some samples of a mediation statement? I have mediation scheduled later this month. Thank you for any help!
  7. I have Mediation in a suit with Citibank scheduled for the end of February. So far, I have responded to their complaint, submitted initial discovery requests (which they pretty much blanketly denied with BS), and attended my Case Management Conference, which has led to the upcoming Mediation. What suggestions do the experts have for preparing for the upcoming mediation? Do you have recommendations on how best to prepare my mediation statement, which is due 5 days before the meeting. Any help is much appreciated.
  8. This is court mediation, there is no charge to either side. At the CMC, the judge offered it to both sides and strongly suggested it be agreed to by both sides. I realize she wants to hopefully clear her docket of the case. There were a few other credit card cases there for their CMCs as well. Noticed that the same lawyer represented multiple credit card plaintiffs and she had done the same on a day I had gone to observe in order to prepare for my CMC. Is that normal? Is she simply a stand in for the various plaintiff attorneys so they don't need to send someone from their office?
  9. Had my Case Management Conference and it was a quick in and out where a date was set for Mediation in February and a Trail Date scheduled for August. Prior to this had submitted my Discovery requests and they naturally responded denying/stonewalling everything. After the CMC, received a letter from the Citibank attorney asking that I call to discuss settlement. So based on the experience of those on these boards – Do I bother calling the attorney? Recommendations for Mediation prep? This case is in California. Thanks for your help!
  10. In which state are you being sued? I too am fighting Citibank in California and they just missed their 30 days to respond to my discovery requests. I am now debating filing a motion to compel or just go for a motion to dismiss.
  11. My case management conference was moved to a later day, however I went on the original date just to cover all the bases. The judges schedule for the following day was posted and there were several case management cases similar to mine, a defendant appearing pro se against a JDB or OC. Took the time to attend today to see what the process was like. Glad I did. Got to see how the judge handles her court and what the process will be like. Pretty much cookie cutter. Judge offers mediation, both sides accept. A mediation date is set, then a trial date is set. Basically, everyone kicks the can furth
  12. Case Management Conference set for next week. Additional recommendations/suggestions in preparation from those who have been there?
  13. Preparing to submit Request for Documents to Moore Law, including a request for the original signed contract. In addition to this, planning to write to Citibank directly for the same. Has anyone else ever tried the same approach? Results? Not expecting anything from Moore but the standard BS response. However, if I can show that Citibank directly denied my request, can I then file a motion to dismiss?
  14. Case Management Conference scheduled in LA Superior Court w/ Moore Law Group. What can I expect? Anyone else have a similar experience w/ Moore?