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I am in a serious predicament In CA. I have trial on January 12, 2015. I sent discovery they sent discovery. They had nothing but generic paperwork and some statements. I thought would show up next month and argue my case based on the evidence. I didn’t think I’d hear from them and never prepared for more or did a trial brief etc. I figured I’d go in and argue the evidence in person. Then, yesterday via mail I received a CCP 96 including a CCP 98 from a Unifund Authorized representative Doug Hallock. I wasn’t worried UNTIL I saw that now they have included all of the sudden a Notarized affidavit from Sasha Deesha – in Missouri stating she was a document control officer from Citibank and it was sold to Pilots receivable and then assigned (generically) to Unifund. This document was NOT ever included in the entire Discovery—but it was dated from last year. It has my accurate ss# on it etc This to me ruins me. . ALSO, I DON’T’ HAVE ENOUGH TILME TO CCP 96 THEM NOW or file anything BECAUSE I HAVE UNTIL Friday 12-12-15( the 30 day mark for them to receive it ). Can I fax off a CCP 96 so it falls within the 30 days and get a friend to mail a copy as well that will arrive after the 30 days? I MUST know what else they have as evidence. I was blindsided by this affidavit. Clearly, I needed a trial Brief and/way more preparation, but now I’m stuck being too close to trial-- 30 days before the trial date. What are my options. I MUST have the affidavit thrown out. How can I do that? What should I DO? I DON’T WANT TO LOSE THIS CASE. Should I hire a lawyer and see if the case can be put off? I am over my head, but still want to win this. Given they legally but willfully waited till the last second to send me a CCP 96 and CCP 98 (which included an affidavit I have never seen until yesterday), now the issue is I have NO time left to respond legally because it’s too close to trial. I feel defeated. What can I do? Anyone reading this who can advise, you are literally saving my life right now. I have to take action by this Friday to make the 30 days and I’d have to hire a process server to personally deliver. But I can’t ever take the time off of my new job to handle this mess. Please advise. I still don't think I could prepareanythign by Friday anyways. I need SERIOUS help right now. I was very stupid to have let this happen. I was caught off guard, But I can't let them win .

Case going to trial soon in California, LA county Discover Bank now via Suttell response to CCP 96 only described witness as "Custodian of records of plaintiff" care of the law firm P.O. Box in WA. No CCP 98 Dec. - does anyone have any case law or legal authority to cite in a Motion in Limine to exclude this "witness" ? They never served or filed a CCP 98 so don't know if Target v Rocha will apply?

Received a CCP 96 from credit card company's attorney. Not sure how to respond to their request as far as what documents, individuals, photographs I will offer at trial Please let me know what is best course of action. Also, after I send the CCP 96 to them, what should I do next? Many thanks!

Good morning all I know this may really be a dumb question but just want to be sure. For the CCP 96 form aka: DISC-015 can this form be submitted to Responding Party via CMRRR only or should it be acompanied by a POS by mail as well? Intially our case was scheduled for Case Management Conference only but the courts changed it to include a Trial as well on 10/24/14 so I need to get this out to Midland asap but want to make sure it's served properly the hearing is scheduled for 12/11/14. Thanks in advance for your help.

I'm going over SeaDragon's 60 day list. I had my dates all marked and now I'm second guessing myself again. When counting dates for sending the CCP 96 (which is between days 30-45 prior to trial date) ...do I count COURT days or sunday - saturday 7 days in a week days? 0_0