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Found 16 results

  1. Hello, Can a lawyer please help me or give me advise. I am being sued by Midland Funding Group, and I had already responded with a General Denial Form. Along with that I sent their lawyer a Bill of Particular to respond to within 10 days. I had sent out the Bill of Particular towards the end of April and did not get a response back from them until recently (October). It had been 5 months until they got back to me, is this allowed? Can something be done, like for me to ask the judge to drop the case because of their response time? As well, they stated basically that what I had asked for wa
  2. Hello, Can a lawyer please help me or give me advise. I am being sued by Midland Funding Group, and I had already responded with a General Denial Form. Along with that I sent their lawyer a Bill of Particular to respond to within 10 days. I had sent out the Bill of Particular towards the end of April and did not get a response back from them until recently (October). It had been 5 months until they got back to me, is this allowed? Can something be done, like for me to ask the judge to drop the case because of their response time? As well, they stated basically that what I had asked for wa
  3. One last question re bill of particulars. I've read everything I can find on it here in the forum, but still have a question. I'm serving it with a proof of service. Do I: 1) send original pos to plaintiff or a copy of the pos to plaintiff; 2) send original demand for bill of particulars or a copy to the plaintiff? Thank you.
  4. Hello to the best forum on the planet! I was referred here by a friend and have been reading the awesome stories and advice given here. Tho I feel completely overwhelmed I have a glimmer of hope if I can get my head around all this stuff! I am taking this in chunks as it's the only way I can digest it all. Below are my answers to Racecar's questions. I have just a couple of questions for my first steps. I do believe I can file a General Denial (thanks AST Medic for that awesome thread)..but want to make sure my complaint is not verified. There is the first page of the summons; the compl
  5. I downloaded the well referenced "Seadragon copy of Calawyers famous Bill of Particulars", but I'm wondering if that's all there is to it. It's just a page. Do I just fill in my name/plaintiff/case no/ and that's it? Or is there more to include specific to my case? For example, do I leave this passage as is with the brackets: "cause of action for [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit]" or pick one? Will my bill of particulars need more research or will a basic copy of this with the party names included suffice?
  6. Hi, I have requested a BOP from Cach, LLC once with my response and they stated BOP is not applicable so I sent a second request with note that defendant, myself, will move to court for an order requiring a further response or, in the alternative, an order precluding plaintiff from offering any such evidence at trial. They responded: In light of the foregoing, please be advised that we will not provide further responses to your request; however, Plaintiff will provide all available documentation in response to the discovery propounded pursuant to the Civil Discovery Act. Three questions: #1
  7. I recently mailed out my BOP to JDB, Answer has been filed with court. Responses to Plaintiffs Request to produce documents, interrogatories and admissions have all been responded to. Should I wait for them to reply to the BOP before requesting anything from them? Also can anyone explain what this means " OSC VACATED - RESPONSIVE PLEADING FILED; CASE SET FOR CMR"
  8. Have been poring over the site for several days, yet can't seem to find the answer to this. Am being sued for Breach of Contract and Common Counts in California. Currently preparing a demand for BoP using this sample found in another thread. It was noted that the following text areas are intended to be edited as fitting: [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit]. My question: is retaining only "goods sold and delivered" sufficient for my the demand ("setting forth all items and details of the account on which the cause of action for goods sold
  9. I just recently sent a last minute BOP (7/26/13 they received 7/30/13) and received a response of "Our Office received your Demand for Bill of Particulars dated July 26, 2013. Per CCP 2024.40(a), your request is untimely and therefore no response will be provided . Please note, Plaintiff did supply 117 pages of billing statements in response for your request for production of documents on November 30, 2012. " I am sending them a meet and confer notice stating " On July 26th, 2013, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has te
  10. Hello, I'm currently in the process of helping my sister fight a lawsuit brought against her by PORTFOLIO RECOVERY. The original creditor was G.E. Money. We’ve already gotten through the process of filing an answer, responding to the interrogatories, and serving them with a Bill of Particulars. The question I have is regarding their response to the Bill of Particulars. The following is portion of the letter that was sent to my sister. [Pursuant to Ca Civ. Proc. 454: A demand for bill of particulars may be served on the plaintiff only in an action on "an account." A Bill of Particulars is not
  11. Hey All... So I've been sued by a JDB and my original trial date was in late fall of 2012. I was unaware of this site so I did not have a strong urge to fight tho' I did answer the Complaint with denials and in retrospect an affirmative defense that is technically not "allowed". I had no idea what credit card the JDB was referring to but suspected it might be one that was covered under a Bankruptcy that I filed a year ago. So my one affirmative response was that the card was covered under the Federal Bankruptcy. I realize now that is not an actual "affirmative defense" under the CA Civil Co
  12. I filed to have a motion to compel bop (or preclude as Calawyer explained I should do and I did) and it is SOON- I'm wondering what to expect during the hearing. A little background info: 1) I'm in CA 2) a tentative ruling will be posted the day prior to the date 3) I have rec'd the plaintiff's opposition to the motion 4)Im in the process of writing up my reply What happens if am granted my motion to compel? or the motion to preclude? What happens if it is denied? Do I go to court the next day regardless? I'm afraid not to go so I'm pretty sure I will go either way.....just looking
  13. I am wondering if there is a case where somebody has won a motion to compel in regards to a BOP where there is both account stated AND breach of contract.
  14. As the title states, H&H has been trying to serve me for the past week and a half. Through pure luck, I have never been home when they tried to serve me. We live in a gated community and they need to get buzzed in before they would be able to serve me. That said, they were able to get through once 14 days ago and contacted my SO. SO said the server was looking for me; server would not give SO the documents, nor would they tell SO what the documents were about. I have not yet looked up the case online to see if they have actually filed anything. What should I/can I do to prepare myself?
  15. This site is great and filled with so much good advice!! I am being sued by Mandrich LLC CACH for a debt they purchased from HSBC. I have followed so many of the suggestions from all of you! I responded to their first notice of judgement with a general denial, I answered their ROG's and Discovery request with responses I got from this site. I served them with a BOP as many of you suggested. I received their letter denying my request for a BOP but they did send me some doc's on the debt they said it was a courtesy and not part of my BOP request. I just received from them a filing where they are
  16. Giving a shoutout to Jespercorp who initially saw the post I asked about the Bop/Demurrer and implimented it, and took his plantiffs for a year long ride in the BOP/Demurrer washing machine. Man that was epic. All hail Jespercorp First implementor of the strategy. Recently I helped a friend with the BOP/ Demurrer strategy. It was ultimately overruled because of the common counts. A demurrer usually is not a defense against common counts but if the claims are too vague and they don't amplify with a response for BOP, then I am thinking with no facts alleged that the demurrer could possibly be