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About quagga

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  1. Hello Anon thanks for the response. I'm still a little confused, on whether I should or should not use elements in ASTMedic's trial breif and MIL. His MIL attacks the Affidavit in Lieu of Testimony and his Trial brief attacks the other documents the Plantiff has submitted as evidence. However since the JDB failed to comply CCP96 and can submit no evidence, I don't see how the arguments in ASTMedic's Trial brief and MIL apply to me anymore. Or should I just fill out my trial brief based on the documents I received during discovery? Thanks again
  2. Hello all, I've been following ASTMedic's post as my guide for my battle with Legal Recovery Law Offices.http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ So per his post I've sent them my DISC-015 and have waited patiently for over 30 days and still no response to my request. The only question now is how should i prepare my trial brief and MIL. I figure i would just modify the MIL to specify all evidence and not just the Affidavit in Lieu of Testimony. As for the Trial brief should focus my whole argument around their failure to comply with CCP96
  3. Hello again all. I wanted to post a update with my battle with PRA/LRLO in California. Also if anyone could chime in, any help would be greatly appreciated. Here are my two previous posts for details but I'll give a summary as well. Original Post with Summons (Part 1) http://www.creditinfocenter.com/forums/there-lawyer-house/314322-summons-pra-california.html Discovery Questions Response to Plaintiff (Part2) http://www.creditinfocenter.com/forums/there-lawyer-house/315648-help-discovery-answers-california.html Summary -PLD-050 General Denial Response Sent -BOP Sent -BOP Denied due to Accoun
  4. Here you go could you help me with the wording. Their Causes of Actions are Breach of Contract and Account Stated. Plantiff Defendant DEMAND FOR BILL OF PARTICULARS PROPOUNDED BY DEFENDANT TO PLAINTIFF 1. TO PLAINTIFF, PORTFOLIO RECOVERY ASSOCIATES, LLC, AND THEIR ATTORNEY OF RECORD. DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procudure 454 to furnish to defendant, within ten days hereafter, a bill of particullars setting forth the items and details of the account on which the cause of action for ACCOUNT STATED for which plaintiff's complaint is based, including the date of eac
  5. Hello Adsoft Also your second letter is just a letter or is done on pleading paper? I assume I'll need proof of service as well? I don't know if this would be a problem but when I sent out my Original BOP it was not in the same language as yours. I actually listed account stated in the request. I'm gonna send the followup just wanted to ask the question though. DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procudure 454 to furnish to defendant, within ten days hereafter, a bill of particullars setting forth the items and details of the account on which the cause of action for ACC
  6. Oops, my sincere apologies about that, my brain is in a bit of a funk right now. Yes that is the form I received. I have listed what was checked in the above post.
  7. Hello ADSOFT The account is a credit card and not a loan. I will also send the second letter for the BOP. What I have is a Civil Case Cover Sheet (California form CM-010) and this is whats checked on the form. 1. Limited Case (demand under 25,000) For case type 2. Contract Rules 3.740 collections (09) 3. This case is not complex under rule 3.400 of California rules of court. 4. Remedies sought monetary 5. This is not a class action law suit Thanks again
  8. Ok I updated my responses to conform to CCP requirements. If anyone has anything else add please do so, I'm gonna mail these in soon as my 30 days is almost up. Thanks again
  9. Thanks you racecar. I looked over the documentation and I think it confirms what I need to do. I don't really thing I have grounds to object any of the interrogatories or admissions. I'll just answer it based on current information know based upon the proof provided by the plaintiff which is nothing.
  10. It would appear that my current responses are not valid. I checked CCP and in order for me to object I would need to list the specific grounds for the objection, such as argumenative. I went over a list of reasons for objections I could not find any that would apply. CCP for Interrogatory objections 2030.240 ( If an objection is made to an interrogatory or to a part of an interrogatory, the specific ground for the objection shall be set forth clearly in the response. If an objection is based on a claim of privilege, the particular privilege invoked shall be clearly stated. If an objection
  11. Thank you everybody for all the help I have updated the original post with updated responses. If you anyone could look them over it would be appreciated.
  12. You know what after reading a bit more and from the advice given. I think I know what my problem is. I've been looking at this from the wrong mindset. I've been answering these ROGs based upon what I remember about the account which may or may not be accurate. I should be answering these ROGs based upon what evidence the JDB have provided me. And they haven't provided me crap for evidence except some some signed affidavit stating that these facts are correct by their own lawyer. Man I feel so stupid at the moment. Luckily I came here and asked for advice before mailing it.
  13. See this is where i'm confused. I thought Discovery needed to be answered accurately as possible. Am I able to deny it even though I know it not to be accurate? I do admit it has been a while and I don't remember a lot of the details about the account but is that a valid reason to deny? I do know that I had a credit card with Wells Fargo. However I don't know how much I should admit. I am reading a book "How to win your lawsuit" by NOLO press saying that I should not deny things that are obviously true as the judge will not take kindly to making the plaintiff prove ever single point. Is
  14. Thank you ADSOFT for you quick response. Here is the response I was given for by the JDB. Also I have included the two cause of actions in the complaint. Regarding the Bill of Particular you have requested, pursuant to CA Civ. Proc. 454: A demand for bill of particulars may be served on the plaintiff only in a action on "an account." As stated in the Code: "it is not necessary for a party to set forth in a pleading the itmes 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 t