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Found 5 results

  1. Hi, I have been sued by Midland Funding LLC and I've been doing the pre-trial litigation work past couple of months. I just received CCP98 from Midland Funding LLC in San Diego. Anybody heard of Monica Maxwell? She seems to be the person who has knowledge of the evidence in the discovery.
  2. http://www.nclc.org/images/pdf/unreported/midland-v-edwards-12132013.pdf The Sonoma Appellate Division's decision in this case is a good read. Particularly in regards to CA CCP Sec.98 and the Declaration in Lieu of Testimony with attached documentary exhibits regularly filed by Midland and the other JDB's here.
  3. Hi Everyone! Been on this forum for about a year now, soaking up a lot of useful information and tips from very helpful forum members for the 2 lawsuits im currently involved in. Thank you to all those who help and share. Like everyone else, I got sued by JDB in California. There are 2 separate lawsuits that are pretty much identical except for the amount and OC. I'm about 3 weeks from trial. There was no discovery on either side. At the 45th day mark, I sent my CCP96. About a week after that I received from JDB their CCP98 declaration, CCP96, Trial Brief, Witness and Exhibit Lists. I am about to get a subpoena issued to serve the CCP98 declarants, however, in one of the cases, JDB seems to have inadvertently left out the address for service. They have a paragraph included which states: "Pursuant to CCP98, this affiant is available for service of process at: --- for a reasonable period of time, during the 20 days immediately prior to trial. If service of process cannot be effectuated at the aforementioned address, I authorize Defendant to contact Plaintiff's attorney for purposes of effectuating service on my behalf." It appears someone just forgot to cut and paste the correct address in their standard declaration. I need some advice and thoughts as to how I should handle this. Do I send a meet and confer to Plaintiff's attorney? Or should I just object on the grounds that they did not provide an address? Or should I proceed to have that affiant served at the same location as in my other lawsuit since the JDB and attorney is the same in both of my cases? Any advice is greatly appreciated!
  4. I send BOP there answer was need to send 2nd BOP to Brighton Hushing, is it two late to send the the second before i file motion to preclude. Ojection: A Bill of Particulars in not appropiate in an action allegin an "account stated" since the items upon which an acccount is based are deemen merged and there is nothing left to itemize. Objection: A Bill of Particulars is not appropiate tool for a count based on breach of contract. Objection: A Bill of Particulars is not the proper method by which a description of the account, including the items and details is to be obtained. -------------------------------------------------------------------------------------------------------------------------------------------------------------------- my trial in almos here. and still need to send them the motion to proclude, request for witness c96 and subpoena. they are collecting from chase, who sell to Global Acceptance Credit Company and then transfer to GCFS inc. they send me a copy of one year statements,Contract,Affidavit of Sale, Affidavit of Correctness. (not originals only copies) From Texas and Florida. and declaration of Custodian of records from 100 miles away from court, but GCFS inc has the main office in El Paso Robles, CA witch is more than 150 miles from court.is violating c98 I allready received from them c96 and need to send mine to,
  5. Gentlemen/ Ladies, Can anyone teach me in a very plain simple way, how to make use of CCP 96, 98 and even CCP 1987 to get the best possible for defendant against JDB ? I read and heard about the "within 150 miles" issues, but I am confused how to handle differently to witness within/ & beyond 150 miles distance? Also, when is a good time to send CCP96 & 98 ? My feeling is if too close to the trial, defendant will not have sufficient time, then, when is it considered to early that the plaintiff JDB simple refuse to reply? Last, CCP 1987, how does it applies to work with 96&98 ?? Million thanks
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