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About needinfoquick

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  1. Hello everyone, I finally got around to sending off the meet and confer letter about insufficient BOP to the JDB attorneys. I was really confused after reading this thread and many others about whether I should've sent a BOP in the first place regarding Breach of Contract/Account stated causes of action. Some people said that I should send a meet and confer and others said that I couldn't because the JDB was right to deny my BOP for account stated. Well I just froze and couldn't even do anything! I've had some recent health issues and so I waited it out trying to recover and recently rec
  2. I don't know why I didn't do this in the first place, but I looked up the ruling in the case of [Ahlbin v. Crescent Commercial Corp. 100 Cal. App. 2d 646] from the JDB's statement they sent to me and it says: From this, I'm assuming that the first cause of action for "money had and received" would still need to be complied with for the BoP. I'm hoping that this also pertains to a Breach of Contract cause of action according to CA Civil Code Section 3301. I just hate to let them get away with this if they still have to comply with my BoP request for breach of contract. Imagine how often they
  3. Thank you helpme, I will read this article and see what I can procure to help my defenses. This has been a rough couple of days since I received the letter and I really appreciate all the help I can get! I am just debating as to whether I should just move on to sending my discovery or fighting them on their response.
  4. Thank you so much to everyone for your input! I spent some time at the law library and was able to find some more detailed info on BoP's in general saying that they apply to any action on "an account". Breach of contract was not listed or mentioned as an action, although quantum meruit, and some others like "goods received..." was listed as an action on "an account". But...California Civil Code 3300 states: [3300.] Section Thirty-three Hundred. For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount
  5. Hi Nascar, If they are correct, should I go ahead and send my requests for Discoveries? I want to try and do all of this before they try and schedule a Case settlement conference.
  6. In response to 1stStep, yes, JDB is the attorney. I am trying to look up more Case laws regarding the breach of contract and BoP's.
  7. I sent my request for Bill of Particulars and they sent me the letter below: Regarding the Bill of Particulars you have requested, pursuant to CCP 454: A demand for bill of particulars may be served on the plaintiff only in an action on "an account." As stated in the Code: " It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof..." A bill of particulars is not appropriate in an action on an account state
  8. Just a quick update: Mailed responses to Interrogs, production of docs, and RFA's today. Will be working on getting out BoP tomorrow. Causes of action are account stated and breach of contract. I think that this should be ok for BoP from what I've read?
  9. Plaintiff's First Set of Special Interrogatories to Defendant C.C.P. 2030. Plantiff MF hereby requests that defendant answer the following specially written interrogatories under oath within 30 days of the date of the service: WRITTEN INTERROGATORIES NO. 1. State each ADDRESS at which you received mail during the last 5 years. (for purposes of this interrog, ADDRESS means the street number, street name, city, state, and zip code) NO.2. Identify your contact information (phone number at residence, cell phone, employment phone number. NO. 3.Is it your contention that you did not APPLY for credit
  10. 1. Who is suing you? Midland Funding LLC is the plaintiff 2. For how much? approx. $4000 3. Who is the original creditor? can't remember, but the complaint says CHASE BANK 4. How do you know you are being sued? Checked courts website 5. How were you served? Were you served? girlfriend served at home by process server i think 6. What was your correspondence (if any) with the people suing you before you think you were being sued? none 7. Where do you live? California 8. When is the last time you paid on this account? Not sure 2008/2009 9. What is the status of your case (if anything has been o
  11. I live in CA and was sent a summons by attorneys representing MIDLAND FUNDING LLC. Thanks to all the great posts and responses/templates in this forum, I was able to mail out an answer to the summons and filed with the court along with my POS. After more reading in these forums, I realize that my answer may not have been the best after all. I probably included way too many Affirmative Defenses in fear of not being able to use them in the future. Also, I had assumed that I had a verified complaint from MIDLAND because there was an affidavit attached to it with the lawyer's signature, but now