dial001

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Everything posted by dial001

  1. My case got dismissed without prejudice today 30 days prior to trial. I want to thanks those that read my thread and contributed in helping with discovery and my learning the law along the way.....AGAIN THANKS
  2. My case got dismissed without prejudice today 30 days prior to trial. I want to thanks those that read my thread and contributed in helping with discovery and my learning the law along the way.....AGAIN THANKS
  3. My case got dismissed without prejudice today 30 days prior to trial. I want to thanks those that read my thread and contributed in helping with discovery and my learning the law along the way.....AGAIN THANKS
  4. My case got dismissed without prejudice today 30 days prior to trial. I want to thanks those that read my thread and contributed in helping with discovery and my learning the law along the way.....AGAIN THANKS
  5. *** Per phone conversation, Hunt & Henriques said they are hired to collect on behalf of Citibank. So far all discovery responses are from somebody working for Citibank name Pam Kline. I already requested Pam Cline information in my discovery request, but no answer yet.
  6. *** Yeah you right, the OC is Citibank, N.A. who offer CC through Zales as claim by Hunt & Henriques said they represent them, of course when ask for standing Hunt & Henriques claim privacy of client-privilidge information. Sometimes I really wornder how do we really know it is not Hunt & Henriques who is the junk buyers debt from Citibank,N.A. for little money then sue. From reading material in the forum, we can't really make them prove it because I read most judge will believe counsel when they say they represent Citibank, N.A. no proof needed. *** Well the good news in my case is they finally admit to not having documents I requested because it is destroyed, and they only admit that after we press for it with Meet and Confer letters, else they just will us a bogus run around answer in regard to Regulation Z. Anyhow I was curious to see original application and charge slip with signature, so that we could show the judge my wife signature and license which probably show completely different person signing it since she did not sign up any account with them. Anyway I am not pressing the issue since they admit destroyed already.
  7. *** I must have spend hours hours learning this stuff. I'm trying my best to coach and pass it on to her what I learned. She was confident enough to go against a really really old rent a lawyer at the CMC. Lately, she turn fearful of the a full trial approaching and she think they will be asking her a lot of questions. She afraid of giving wrong answers, I told to tell the truth and most likely if the witness does show up, they be asking the witness more questions than her. All that she really have to object the witness answer as hearsay and than she the one questioning the witness, which I can prepare her for. *** I look at the Identity Theft Packet ftc, it is really really detail a lot of private information we are giving them. I hope they don't use that information against us if we lost the case, so I will hold it off unless they come back and really demand it. I prepared a letter/affidavit below for Skippy1960 and everyone else to review before sending it out: "In the process of discovery, I was trying to determine for sure that the account was identity theft. Due to the fact that plaintiff was less than forthright with discovery it was difficult, especially without original application bearing defendant signature, charge slip bearing defendant signature of transactions and what was purchase, and one payment by someone other than defendant. Upon continue reviewing the credit card statements and checking the purchase dates, I know for sure it was someone using my identity open up the alleged account and transactions with Zales/Citibank. Furthermore, I have requested a copy of the police report of my vehicle burglarized back in 2007 in San Francisco, California where all my belongings were stolen including money, credit cards, driver licenses, social security, etc... Therefore, on May 30th, 2012, I decided to file the attached police report for identity theft in the city of xxxxxx, California. Included is also a fraud declaration/affidavit. It is my goodwill and intention to put an end to further litigation of the alleged account and lawsuit. If you feel the same, please give me a call at xxxxxxxxx so that we could discuss how to proceed in this matter." A Copy of Police Report and the following fraud affidavit Skipp1960 template: Fraud Declaration/Affidavit I, xxxxxxx, declare as follows: “My name is xxxxxxxx, I am over 21 years of age, am of sound mind, am capable of making this declaration, and am personally acquainted with the facts stated herein. 1. I was served a summons on February 6, 2012. 2. I answer the complaint on February 23, 2012. 3. I served BOP on April 18, 2012. 4. I received statements on May 11, 2012. 5. Upon review of the statements and one payment information, I know this account isn't mine. 6. On May 30, 2012 I filed a police report regarding the theft of my identity and fraudulent charges. “I have read the above and foregoing Declaration/affidavit, and declare under the penalty of perjury under the laws of the State of California that the facts and statements contained herein are within my personal knowledge and true and correct." Date: June 4th, 2012 Submitted By:
  8. I am being sue base on Common Counts $5700. Base of the following information & facts from discovery responses, do you think OC can still prove the alleged account in court: a-OC do not have original application bearing defendant signature. They admit destroyed. b-OC do not have charge or purchase slip bearing defendant signature at the time of purchase. They admit destroyed. c-OC had only one minimum payment of a check from an unknown individual not in relation with defendant from another city. I believe the payment was to keep account current until another purchase max out the available credit, then defaulted. d-OC do not have proof of mailing statements to defendant. Unless they pull a CCP98 right before trial. Your comments are welcome, and thanks for reading. Dial001
  9. *** I probably have to hold off on motion Arbitration, I read JAMS not accepting credit card case. I will take her tommorrow and get that police report going using the cc statements they supplied us. As far as the affidavit content or template, do you have the wording? Does it need to be notarize? You probably right, I have to force it down on them, else they will try to push it through at the end saying that she never claim fraud throughout the whole discovery process and case. *** The reason I am fighting his hard, because I had $10,000 account 15 years ago, that was sold to JBC way past SOL, they serve my old address where my mother live 3 times and left it on the porch, mom toss it out. Long story short 3 years ago, I sold my home to find out there was a judgment lien around $14,000 attached to it; forcing me to negotiate for $8000 cash to get me home sold.
  10. *** To tell you the truth is that this is my wife case, I was really trying to help her get through, but now I am really lost and confused. My wife is really scare of the court scene, but she did go to CMC by herself against a rent lawyer and did what I told her telling the judge discovery ongoing already and they are not responding, judge told her to motion to compel them *** A. The fraud affidavit/police report is off the table, opposing counsel off the record said it too late, they already started discovery and will not offer that. They have not answer anymore discovery except for 6 months worth statements, discovery deadline approaching and I planned to file MIL right before trial and all the unaswer items. My next move was going to be CCP96 and their next thing was going to be CCP98 from Pam Cline, Citibank. And then I subpoena her for trial. B. The account is not her, otherwise we keep pressing for payments information in discovery and signature application. As I remember, a couple of months before the allege account was open, our car was broke into, her purse along with all items inside was stolen, we got a police report that I have to search for in San Francisco district file away somewhere for insurance. C. Ready through several cases of private arbitration, I thought that a case like mine $5700 might get dismiss if I ask for arbitration through JAMS that might cost Citibank too much to litigate. Plus the wife is getting really nervous about trial, she actually asking me if I can be next to her. I know that is not possible. She not comfortable with the court language even ask for interpreter for her language and I know case like this will not have such service. I told her it not up to you talk that much, just object to hersay items. But in the end, if their witness shows up, she really have to break down the witness and that will be impossible for her to do.
  11. *** Thanks Seadragon, I had some feedback with Linda7 regarding my case, I decide to file a motion to compel arbitration, she supplied me with 2010 Citibank Cardholder Agreement, I search the forum but had no luck finding a template motion to compel arbitration in California & letter to JAMS to initiate the arbitration. Can you help...???? *** Also I did not select arbitration in my CMC because I did not know have the cardholder agreement. My argument if needed, I would state that through the process of requesting an cardholder agreement in discovery in which Plaintiff refused to supply me, I found one on the internet for 2010 Citibank, N.A. cardholder agreement which had arbitration clause which is relevant to my case. Do you think the judge will approve arbitration? My trial is July 30, 2012, do I still have time?
  12. Complaint by Citibank,N.A. OC on: Open book account; Account stated; for money lent by plaintiff, etc....; and for money paid, laid out, and expended ,etc... I requested BOP and they responded with Zales billing statements from zero balance to the balance they are suing me for. The transactions are not itemized, just said "Purchase" and "Payment". *** I am confused, in California, is that consider legit respond to BOP request? I think I ask this question before, but just want a clear final answer before I put the BOP thing to rest..... http://www.creditinfocenter.com/forums/images/smilies/biggrinangelA.gif
  13. *** What is the right timing to file a motion in limine?? Does it have to be after all discovery is done but 30 days prior to trial? So far I requested credit application with defendant signature and payments documents with plaintiff objections using regulation Z two years compliance. Is that enough to motion for limine or should I wait for more discovery objections and denials. My trial date is July 30, 2012, I heard it too late for them to file MSJ. So I think they will hit me with CCP98 next. All my discovery requested will be due June 24, 2012. *** Does anyone here know of a good sample or sticky for California superior court civil case in the forum?
  14. *** My request for BOP was responded with 6 months statement from zero balance to the current balance they are suing for. So I read in the forum that is sufficient enough for judge in regard to BOP request. *** *** The question I have now is why they still sending me settlement letter but the balance amount is like $500 more than the amount they are suing for? Is that legal for them to do that and they violating some kind of rules, seem like they keep raising the balance amount with every settlement offer. ***
  15. I will also request for statement of witnesses and evidence CP96 June 15, 2012.
  16. I serve discovery April 1, 2012, they responded May 1, 2012 with proof of service. The first letter sent out May 7, 2012 and they responded to first letter May 17, 2012. So I think there still time left, but the question is: A) Should I Motion to Compel Now or Sent another letter detail my request with 7 days deadline, then Motion to Compel or C) Just wait until 30 prior to trial then Motion to Preclude all the questions and items requested with no responses or insufficient responses or D) Do nothing and prepare for MSJ and trial which is July 30, 2012.
  17. *** After reading your post, should I hold off this next meet & confer letter? I am confused, because I am trying to proved that they don't have the application with my signature for this account because I never apply for it. Furthermore, who ever making the payments that is on the statement is sure not me and that is why I want to see these payments. *** *** Now if I leave it alone and accept their run around answer, can they supplement these documents right before trial and make it admissible evidence, which leave me no time to challenge it *** On May 17th 2012, I am in receipt of your rdesponses and objections to provide Demand for Production Set Number One: Numbers 1 and 2. Once again, I will make it as clear as possible. Please provide me with the following documents requested or specify that you do not have it so that we can preclude them from being heard at the trial. 1. Demand for Production Number 1: The original application for credit submitted by Defendant in connection with the creation of the Original Charge Account ending xxxx. 2. Demand for Production Number 2: Please produce ANY and ALL copies of checks made out to Plaintiff or original creditor for payment on alleged “Account” ending xxxx. Answer to number 1, Plaintiff stated reference to Regulation Z which said Citibank had to maintain apps for 2 years for compliance through audits. My take is Citibank or any lender can keep records as long as they want. Please provide me with the documents requested or specify that you do not have it so that we can preclude them from being heard at the trial. Answer to number 2, Plaintiff stated “Plaintiff will comply by producing copies of available payments for the subject account as can be located after a reasonable and diligent search”. I have given you 30 days to search already and another 10 days after that. That’s more than reasonable, now please provide me with the documents requested or specify that you do not have it so that we can preclude them from being heard at the trial. In the event I do not receive your the responses within 7 days from the date of this letter I will have no choice but to file motions to compel with the Court and ask for attorney fees and sanctions for your failure to comply. *** Thank you all for helping out, this forum is the best ... ***
  18. Responding party asserted a number of affirmative defenses on information and belief in order to preserve the defenses should discovery and investigation reveal circumstances supporting the affirmative defense. However, base on available information at this time Defendant withdraws all affirmative defenses and has no objection to it being precluded from being argued.
  19. "The best way to help yourself is to file NOTHING with the court until you get it vetted here." Legaleagle, If I respond with this ROGS to withdraw all defenses including the basic Standing, would they file MSJ saying that I have no defenses at all in my case and award them judgment?
  20. *** I listed a bunch of affirmative in my answers and was hit with this interrogatory: INTERROGATORY NUMBER 15 State all facts upon which your base each affirmative defense to the complaint in this action. RESPONSE TO INTERROGATORY NUMBER 15 Responding party asserted a number of affirmative defenses on information and belief in order to preserve the defenses should discovery and investigation reveal circumstances supporting the affirmative defense. However, Defendant withdraws the following affirmative defenses and has no objection to it being precluded from being argued: a. Plaintiff’s complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide. b. Plaintiff’s complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant. c. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits. d. Plaintiff has failed to name all necessary parties. e. Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions. f. Plaintiff’s complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.
  21. *** Would you recommend serving further discovery by Fax? It is costing me too much for personal service. Can I go the fax option, what are the risk? *** Is there a link in the forum or elsewhere for this answer....
  22. *** You probably right I will prepare for SJ, I think they are just waiting for my responses to their discovery which is due June 2, 2012, then hit me with SJ. Can you take a look at my discovery responses from my thread I posted today to see if I am missing anything. *** *** This is like cat and mouse battle, I know OC is hard to beat, please correct me if I am wrong that the following plaintiff burden of proofs: 1) I applied the account with them 2) I use the account with them 3) I received statements from them 4) I make payments to them 5) I did not object to the statements
  23. Question for Calawyer *** Can CA said that CC statements from zero to claimed balance is enough satisfied my BOP if I motion for Compel BOP? ***
  24. Its been 45 days since first discovery serve to them. Trial date is July 30, 2012. I still have time to file motion right? Is there a link or template to following, I thought it was suppose to be simple, since I am asking them to fullfill request for document, not answer any question. And what about the BOP Request ignored.
  25. Please Review & Critique These Interrogatories *** Please review and critique these interrogatories responses, I appreciate your help: INTERROGATORY NUMBER 1 Did you submit a request for a credit account to CITIBANK, N.A.? RESPONSE TO INTERROGATORY NUMBER 1 Defendant has not submitted any oral or written request to Plaintiff for the alleged CREDIT ACCOUNT in the subject matter of Plaintiff's complaint. Defendant denies the Plaintiff’s allegation and demands strict proof thereof. INTERROGATORY NUMBER 2 Did CITIBANK, N.A. issue a credit account in your name? RESPONSE TO INTERROGATORY NUMBER 2 Defendant has no knowledge of the alleged CREDIT ACCOUNT with Plaintiff. Defendant denies the Plaintiff’s allegation and demands strict proof thereof. INTERROGATORY NUMBER 3 State the approximate date you opened THE CREDIT ACCOUNT (for the purpose of these interrogatories, THE CREDIT ACCOUNT shall mean credit account issued to your by CITIBANK, N.A. account number xxxx). RESPONSE TO INTERROGATORY NUMBER 3 OBJECTION: Defendant objects to this interrogatory as it is argumentative and lacking in foundation. Assumes facts not in evidence concerning Defendant opened the alleged CREDIT ACCOUNT. Without waiving the prior objection, the Defendant has no knowledge of any dates in which Plaintiff alleged Defendant open alleged CREDIT ACCOUNT in the subject matter of Plaintiff's complaint. Defendant denies the Plaintiff’s allegation and demands strict proof thereof. INTERROGATORY NUMBER 4 IDENTIFY (for the purpose of these interrogatories, IDENTIFY shall mean to state the name, address, and telephone number) of each and every person other than yourself who has ever had possession of any credit card for THE CREDIT ACCOUNT. RESPONSE TO INTERROGATORY NUMBER 4 Defendant has no knowledge of any person or Defendant herself who has ever had possession of any credit card for the alleged CREDIT ACCOUNT in the subject matter of Plaintiff's complaint. Defendant denies the Plaintiff’s allegation and demands strict proof thereof. INTERROGATORY NUMBER 5 IDENTIFY each and every person who you ever authorized to use THE CREDIT ACCOUNT. RESPONSE TO INTERROGATORY NUMBER 5 Defendant has no knowledge of any person that Defendant had given authorizations to act on behalf of the Defendant in which is the subject matter of Plaintiff's complaint to the alleged CREDIT ACCOUNT. INTERROGATORY NUMBER 6 Did you use THE CREDIT ACCOUNT CITIBANK, N.A. issued you? RESPONSE TO INTERROGATORY NUMBER 6 OBJECTION: Defendant objects to this interrogatory as it is argumentative and lacking in foundation. Assumes facts not in evidence concerning Plaintiff issued the alleged CREDIT ACCOUNT to Defendant. Without waiving the prior objection, Defendant must deny any use of the alleged CREDIT ACCOUNT issued by Plaintiff. Defendant denies the Plaintiff’s allegation and demands strict proof thereof. INTERROGATORY NUMBER 7 Is $xxxx, the amount set forth in the complaint in this case as the sum owed as of January 3, 2012, your balance due as of that date on THE CREDIT ACCOUNT? RESPONSE TO INTERROGATORY NUMBER 7 OBJECTION Calls for a legal conclusion best left to the trier of fact. No admissible evidence supporting the claimed balance has been submitted. Without waiving the prior objection, Defendant avers that she owes plaintiff not one penny in regard to the alleged CREDIT ACCOUNT. INTERROGATORY NUMBER 8 If you do not agree that $xxxx, the amount set forth in the complaint in this case as the sum owed, is your balance due as of that date on THE CREDIT ACCOUNT, state all the facts upon which you base your denial that the sum of $xxxx is your balance due as of that date on THE CREDIT ACCOUNT. RESPONSE TO INTERROGATORY NUMBER 8 OBJECTION Calls for a legal conclusion best left to the trier of fact. No admissible evidence supporting the claimed balance has been submitted. Without waiving the prior objection, Defendant owes Plaintiff nothing, zero, not a penny, no sum, any amount, is not indebted to Plaintiff, and has no obligation owed the Plaintiff. Defendant denies the Plaintiff’s allegation and demands strict proof thereof. INTERROGATORY NUMBER 9 Did you ever report to CITIBANK, N.A. (for the purposes for these interrogatories, CITIBANK, N.A. shall mean and refer to CITIBANK, N.A., and/or its predecessor, if any, and/or any collection agent or agency purporting to represent CITIBANK, N.A., as to this account) that the credit card for THE CREDIT ACCOUNT was lost or stolen? RESPONSE TO INTERROGATORY NUMBER 9 OBJECTION request asks for the Defendant to draw a legal conclusion as to predecessor in interest. Determining if the Plaintiff is the predecessor in interest of the alleged CREDIT ACCOUNT and alleged debt is a matter for trial. Without waiving the objection, Defendant denies any reporting to Plaintiff or the alleged predecessor in interest since Defendant had never claim to have possession of any credit card of the alleged CREDIT ACCOUNT. Please see response to INTERROGATORY NUMBER 4. INTERROGATORY NUMBER 10 Did you ever report in writing to CITIBANK, N.A. that there was any problem with THE CREDIT ACCOUNT, which problem remains unresolved? RESPONSE TO INTERROGATORY NUMBER 10 Defendant is currently researching their records; based on current information and belief the Defendant denies any reporting in writing to Plaintiff since Defendant had no knowledge of the alleged CREDIT ACCOUNT exist at the time and, therefore, Defendant were unaware of any problem remains unresolved. INTERROGATORY NUMBER 11 Did you receive monthly statements from CITIBANK, N.A. regarding THE CREDIT ACCOUNT? RESPONSE TO INTERROGATORY NUMBER 11 Defendant states to the best of Defendants knowledge based on the information provided and after a reasonable review of Defendant's records, no statements were received from Plaintiff in regard to the alleged CREDIT ACCOUNT, nor has proof of the delivery been provided. INTERROGATORY NUMBER 12 State the approximate date of your last payment on THE CREDIT ACCOUNT. RESPONSE TO INTERROGATORY NUMBER 12 Any payment dates made to the alleged CREDIT ACCOUNT are assumedly already known to plaintiff through its business records. Defendant is currently researching her records; however, based on current information and belief the Defendant has made no payment history with Plaintiff therefore no payment dates for the Plaintiff. Defendant has no recollection of making any payments to Plaintiff’s alleged CREDIT ACCOUNT, nor has proof of the any payments been provided. INTERROGATORY NUMBER 13 Have you ever corresponded with CITIBANK, N.A. in writing regarding THE CREDIT ACCOUNT? RESPONSE TO INTERROGATORY NUMBER 13 Defendant is currently researching their records; based on current information and belief the Defendant had sent out two (2) debt validation letters dated February 24, 2012 and April 1, 2012 respectively to Plaintiff C/O Attorney of Record in regard to Plaintiff’s alleged CREDIT ACCOUNT. The letters was based upon Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. Furthermore, Defendant served a demand for BILL OF PARTICULARS dated April 18, 2012 in pursuant to Code of Civil Procedure § 454. However, Plaintiff has not responded to any correspondents to Defendant in regard to the alleged CREDIT ACCOUNT. INTERROGATORY NUMBER 14 State all facts upon which your base your denial of the complaint in this action. RESPONSE TO INTERROGATORY NUMBER 14 Defendant owes Plaintiff nothing, zero, not a penny, no sum, any amount, is not indebted to Plaintiff, and has no obligation owed the Plaintiff. The burden of proof is on Plaintiff to justify legal action against Defendant. INTERROGATORY NUMBER 15 State all facts upon which your base each affirmative defense to the complaint in this action. RESPONSE TO INTERROGATORY NUMBER 15 Responding party asserted a number of affirmative defenses on information and belief in order to preserve the defenses should discovery and investigation reveal circumstances supporting the affirmative defense.