notlawyer

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About notlawyer

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  1. Can the CCP 96 actually be filed 50 days prior to trial, if it is served by mail? Is the 45-day count adjusted based on the method of service?
  2. I just wanted a sanity check on how the number of days is counted—for determining how early the CCP 96 can be served on the plaintiff. I understand that the CCP 96, that is, the form DISC-015: Request for Statement of Witnesses and Evidence, must be served between 30 and 45 days prior to the trial date. I also assume that if this is served via mail within CA, then an extra 5 days is added—so it can actually be served via mail as early as 50 days prior to trial. So hypothetically if the trial date is December 26, then the CCP 96 (DISC-015) can be served as early as November 6 (50 days before
  3. I am considering submitting the following RFAs, aimed at hammering them regarding their inadequate response to the request for production of documents: 1) Admit that Plaintiff JDB does not have any other documents in its possession relevant to this case, aside from those documents previously provided by Plaintiff in Plaintiff’s Response to Defendant’s Demand for Production of Documents, Set One. 2) Admit that Plaintiff does not have a bill of sale from OC indicating either the Account number or defendant’s name. 3) Admit that Plaintiff does not have an affidavit from OC with the Account number
  4. I am considering submitting the following RFAs, aimed at hammering them regarding their inadequate response to the request for production of documents: 1) Admit that Plaintiff does not possess any other documents relevant to this case, aside from those documents previously provided by Plaintiff in Plaintiff’s Response to Defendant’s Demand for Production of Documents, Set One. 2) Admit that Plaintiff JDB does not have a bill of sale from OC indicating either the Account number or defendant’s name. 3) Admit that Plaintiff does not have an affidavit from OC with the Account number or defendant n
  5. Thanks again! One format-related issue that continues to vex me concerns the seeming conflicting requirements/guidelines involving page numbers, providing a table of contents, and whether the motion elements are separate documents vs. combined into a single document. To provide a table of contents, it seems to me that everything must be page-numbered consecutively...but if the motion elements are "separate" documents, then wouldn't each such separate element start with page 1? But it's still ambiguous to me whether a table of contents is even necessary. I'm thinking of numbering everything c
  6. Thanks again calawyer...all these fine points that I would not have thought about... I have a couple of seemingly simple questions about the motion: 1) Separate Sections? do each of the various elements of the motion (notice of motion, memorandum, separate statement, declaration, etc.) need to be individually signed and dated? or can the entire motion simply be signed and dated just once, at the very end of the document? Or maybe the declaration section especially merits a separate signature? 2) Serving the Opposing Party: do I need to serve the entire set of exhibits on the opposing party, if
  7. Yes, calawyer is heroically helping many of us here in CA...
  8. Since I suspect that it would be beneficial to also file a Proposed Order, I have drafted one below, in case anyone has any feedback or advice. Thanks! [PROPOSED] ORDER COMPELLING FURTHER RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS AND IMPOSING MONETARY SANCTIONS The motion by Defendant XXX for an order compelling Plaintiff JDB to provide further responses to Defendant’s Demand for Production of Documents, Set One, came for hearing on [date] in Department XX of this Court. Having reviewed and considered the Motion and the pleadings in support thereof, and finding cause therefor, the Court
  9. Since I suspect that it would be beneficial to also file a Proposed Order, along with the Motion to Compel Discovery, I have drafted one below, in case anyone has any feedback or advice. Thanks! [PROPOSED] ORDER COMPELLING FURTHER RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS AND IMPOSING MONETARY SANCTIONS The motion by Defendant XXX for an order compelling Plaintiff JDB to provide further responses to Defendant’s Demand for Production of Documents, Set One, came for hearing on [date] in Department XX of this Court. Having reviewed and considered the Motion and the pleadings in support ther
  10. I edited the post above in item #3, regarding the issue of which part of the CCP to cite regarding sanctions for non-meritorious objections, CCP 2023.010(e) vs. 2023.010(a)...
  11. Thanks again calawyer for your great feedback and guidance. As usual, some additional questions come to mind: 1) Meet & Confer on Hearing Date: I have drafted a “meet and confer” letter for the plaintiff to obtain their agreement on a hearing date for the motion to compel—does this look sufficient? Dear Plaintiff, I write to meet and confer about a hearing date for a motion to compel further responses to Defendant's First Request For Production of Documents. I have already left a voicemail with you yesterday regarding this matter. Which of the following dates are acceptable to you? Please
  12. Apparently, my court requires that we agree with opposing counsel on a target date (as well as one or more alternate dates) for the motion to compel hearing, prior to filing the motion...
  13. III CONCLUSION Plaintiff’s response to defendant’s Demand for Production of Documents is inadequate. The Court should require plaintiff to supplement its response immediately and produce: a copy of any agreement (identifying the defendant by name, as well as the alleged account number) assigning this alleged account to plaintiff, a copy of the alleged original contract between defendant and the OC, a copy of any agreement between defendant and the JDB, and a complete accounting of the alleged balance, including an itemization of the account showing all charges and credits thereto. In the alter
  14. MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION On XXXX, 2012, plaintiff filed its complaint against the defendant in this matter. On XXX, plaintiff served defendant.... Do I need to mention the method of service of the summons? The complaint alleges that defendant owes plaintiff the sum of $xxxx pursuant to an assignment of an alleged debt between defendant and OC. No such assignment agreement (or any other supporting evidence) is attached to the complaint. The complaint sets forth no facts supporting the amount claimed to be owed. Therefore, on XXXX, 2012, defendant served a Demand for
  15. I’m still waiting for plaintiff’s response to the meet and confer letter, but in the meantime I’ve drafted a preliminary motion to compel (to be adjusted based on their response, if any). What do people think? I welcome any and all feedback and guidance, even correction/clarification of minor details. Again, calawyer’s guidance on this has been invaluable. I based my draft motion on calawyer’s previous post (based on a motion to compel for BOP), and included a “separate statement” (as well as an “argument” section). I wasn’t really sure how to structure this motion—and I can see that I am bei