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  1. I've been putting off dealing with my lawsuit for the sake of my health and sanity but now it is crunch time. I'm wondering if it is too late for any kind of motions such as motion in limine? In my Demand for Bill of Particulars I asked for: 1. The defendant's application for credit card issued by original creditor GE Capital Retail Bank. 2. The credit card agreement (alleged in paragraph 7 of the complaint) 3. Monthly billing statements reflecting all charges, credits, interest accrued, fees, including but not limited to late fees, and payments alleged in paragraph 9 of the complaint. 4. The procedure for disputing all charges in the credit agreement. 5. Written regulations and conditions to make payments to the account alleged in the complaint as a whole particularly, the first cause of action in the complaint. 6. The agreement to pay interest on the alleged account. 7. An account of all money lent and paid, laid out, and expended to defendent as alleged in the complaint at paragraph 11, 17, and 19. 8. The balance sheets for the alleged account. 9. All statements reflecting the sum of $3,xxx.xx due owing and unpaid alleged in plaintiff's complaint. 10. The procedure for disputing erroneous charges in the credit agreement. 11. Regulations and conditions to dispute erroneous billing statements of the alleged account. 12. All electronically stored information (ESI), including but not limited to, and defendant's tape recorded telephone records of defendant's contact with GE CAPITAL RETAIL BANK to report discrepancies and billing errors in the billing statements. 13. All documents concerning investigations conducted of defendant's credit account by GE CAPITAL RETAIL BANK. 14. All documents concerning investigations conducted of defendant's credit account by plaintiff CACH, LLC. -------------------------- This was CACH's initial response: Mr XXXXXXX: I am writing in response to your demand for a Bill of Particulars. Your request is inapplicable to the causes of action pled in the subject complaint because Plaintiff is not pursuing items of an account and is instead seeking a final sum owed as stated on the monthly bill your client received. (Distefano v. Hall (2nd Dist. 1963) 218 Cal. App. 2d 657, 677) As a result, please be advised that we will not provide a response. Sincerely, Newb Lawyer Mandarich Law Group, LLP Attorneys for Plaintiff CACH, LLC -------------------------- Then about a month later they sent this: Mr XXXXXXX: I am providing you a further reponse to your bill of particulars request even though Plaintiff still contends that the request is inapplicable to the causes of action pled. Plaintiff believes that under California law, a bill of particulars request is not applicable to the breach of contract and account stated causes of action pled as they do not seek "items of an account." The Court clarified that a bill of particulars "is not applicable to a contract or promissory note which has an account for its consideration" and that it only applies to "actions based upon contracts seeking to recover 'items of an account.'" (Distefano v. Hall (2nd Dist. 1963) 218 Cal. App. 2d 657, 677). As Plaintiff is not seeking "items of an account," a bill of particulars is inapplicable here. However, as a courtesy and in an attempt to resolve this matter, Plaintiff will furnish to you all documentation it has in its current possession, custody, and control which includes: the card member agreement, Bill of Sale with redacted Loan Schedule, Affadavit of Sale and Statements dated February 2011 - February 2012. Should additional information become available it will be furnished in response to the discovery requests you propounded upon Plaintiff. Sincerely, Newb Lawyer Mandarich Law Group, LLP Attorneys for Plaintiff CACH, LLC ------------------------------ What they actually attached to this resonse was 3 different pages of "Bill of Sale" documents with various signatures, a section called Notification Files followed by several pages of a computerized printout with headings related to "my account" listing account number, name, address, etc. and 12 billing statements. I'm attaching these documents below. Notably missing was the "redacted loan schedule" (which I'm not even sure as to what that is exactly), and probably most importantly the card member agreement showing me and the original creditor entering into a binding contract. So at this point I'm considering getting a lawyer to help me out because I have no idea what to do next or what my options are. I'm hoping someone here might be able to help me out.
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