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attorney filed refusal to answer production of documents!


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The reason they give is that they feel it is a stall tactic and produced statements and a contract with no signature on contract in there motion.

The address on the statements are from a property that was owned but never lived ther it was a rental property.

What will be my next response? should i ask for a summery judgment for not showing just cause. or dismissal because they don't have the evidence that i requested such as the original copy of the contract that alleged signed to verify the interest tht they claim is owed $40,000. and to see if there was any disclosure tht they were lending credit which is illegal according to law banks cannot lend there bank credit unless it is disclosed to you. and the three eliments that would make a contract legal are not there and they did not give consideration to me when i requested for 2 years tht they provide me a affidavit to the fact and a copy of the contract, copy of all billing statements from begining to end with a affidavit from the bank.

Attorney also filed that that was client privilige for his refusal to produce.

mandatory mediation of 2/17/05.

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If you are in state court you need to send the attorney a "meet and confer" letter. The letter will contain your arguments why the refusal to produce documents is wrong. You give them 10 days or so to supplement their responses agreeing to produce all responsive documents or you will file a motion to compel production with the court. Remind me on Monday and I will try to find an example on line.

What documents do they claim are privileged? Why is serving discovery a "stall tactic". Sound like frivolous arguments to me. This could get them sanctioned.

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That is total crap!! If I pulled that move as a pro se, the court would hand me my a$$! Definitely file a motion with the court to compel them to produce the discovery materials. In Texas (where I live), claiming discovery is a "stall tactic" is not a recognized defense. What exactly were you asking them to produce or answer?? Definitely go to court and let them try that argument with the judge when he asks them for there evidence or paperwork.

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I was asking them for the contract tht has the signature. They feel the statements are suffiencient but it is not because how do we know that the interest they came up with on 20,000 purchase comes up to 40,000. also would like to see contract when account opened to see if the billing statements are even correct. Ask for copy of affidavit from the bank that the statements are true in fact. Who is the original holder in due course?

etc. validation questions basically.

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as you are in cCAL, I would listen to calawyer's advice. Most courts make you show that you tried to get discovery, or tried to break the impasse, before they step in to resolve arguments over discovery.

Another tact I made make is this: send the lawyer a notice to depose: 1) anybody whose name pops up on any paper you do have, and 2) the people plainitff intends to call as witnesses. If you can't get documents, you need to get testimony from the people that have knoweldge about this claim. You may find that no body they have has any knoedlge about your account.

Secondy. I would move for an adjournment of the mediation so you can pursue depositions and, hopefully, get some of the documents you say you need.

Remember, you are allowed discovery of relevant material/testimony that you find necessary to mount a defense. Making a defense to an action is not stalling, particularly when the plaintiff is holding all the cards.

No offense, but if this is a 40K case, why are you hazarding success by going pro se?

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Depending on what county you are in and CALawyer will confirm this, your local rules may require a meet and confer and telephone confirmation for a reserved date for the MTC. In Santa Clara County that is the requirement, if you try to get their attorney, and they don't take your calls, send a letter fax and mail, include the information in your declaration and attach copies as exhibits. Get them served and see if that won't compel them...

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you asked me to remind you to day to find a answer to this refusal of discovery.

The attorney is also stating that the statements for 12 months that they have and a agreement without a signature should be enough.

They are refusing the bookkeeping because is is trade secrets etc.

The attorney also state in there response that they are still trying to find the application and will produce it "if" they find it!

They also state that the discovery is broad, unduly, burdensome and irrelvant. for each of my request.

The reason we asked for the bookkeeping for the account it will show that they did not lend there money but there credit, which is illegal according to 12 U.S.C. 24 paragraphs 7 states: A bank can lend it money but not its credit. And also it will help in the proving what amount is actually owed since they only have alleged statements.

Oh by the way this case is in Atlanta GA Gwinett county

hopefully you can give me that response today. Mediation is set for the 14th of February and i want the bookkeeper there to question

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  • 2 weeks later...

have you found that case yet? because Plainiff has put in a motion for summary judgement with a affidavit fromthe bank's attorney who claim to have knowledge which he don't.

Does the Plainiff have to show up for the mediation or not?

I can tell they don't have anything but the statements and statements does not prove that i charged the account.

you you have a answer that i can give them to denied the motion?

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