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  1. Received notice of intent to use 902 (11) evidence at trial. The mandatory notice included OC business records affidavit and "37" documents. The documents appear to be billing statements covering a 12 month period, including alleged last statement. The statements are certified to be true and accurate. The thing is...every monthly statement is obviously altered or edited. The actual text covers approximately 1/3 of the page. The font is super small (not quite fine) making it hard to evaluate. Each monthly cycle includes two pages 1 of 2 & 2 of 2, reflecting charges/credits, balance, due date and so on. However the "last" billing cycle is still just two pages although page # footer indicates there should be 5. OC sent 1 of 5 and 2 of 5 for the cycle plaintiff is relying on for an account stated cause of action. Do I have a valid trustworthiness argument? Please take look at OC affidavit. Affiant references 37 documents without identifying them. Affiant fills in blanks in notary statement at the bottom. I do not see a sworn statement under penalty of perjury that is required, maybe it is implied by notary. I have no clue what that jargon truly means. The affiant claims to be litigation support employed by an AFFILIATE of cap1, not sure if it makes a difference? Thank in advance. Less than 4 weeks before I trial, I would love to have this 902 (11) evidence go away via motion in limine.
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