rodeomom Posted March 13, 2005 Author Report Share Posted March 13, 2005 in process of suit cap 1 CA attorney vs menext hearing 4-7other lawyer files motion to dismiss saying I did not return his interoogatories, but I did and can prove it, I answered his 1st & 2nd req. He is also pissed because I filed motion to for relief, per their violations and because judge told them not to add more interest while they were sending me DV and they added more $ and I can prove it on paper. I pointed this out in last conference to judge, judge told them they needed to provide complete DV, they had not sent all of it.SO in my req for doc. I asked the following and here are their responses.1. Dated agreement between Plaintiff and Plaintiff’s counsel that grants counsel authority to collect on this collection, purchase, or assignment of information.Objections request requires legal conclusions, theories, and mental impressions of the defendants counsel which are work product and privilieged and are also irrolevant, not reasonabley calculated to lead to the discovery of admissible evidence.what is up with that, that is part of my dv request2. Counsel’s authorization of law for collection of information.They gave me the same answer as #1 I also req this in DV3. Itemized monthly statements that contain any and all fees and/or interest that have been added to this account from the date of receipt by counsel to present.I also asked for this in DV. I specifically asked for accounting since they rec. the acct. and all they send is a copy of @ cc sstatement from before they got the acct.4. Dated and signed document from Plaintiff, not Plaintiff’s counsel, stating Plaintiff was informed of Defendant’s counter settlement offer for $500.00, which was made during phone conference on February 7, 2005 and verification that Plaintiff does indeed reject the offer.Their answer to #4 was Objection. without waiving objection, plaintiff's counsel told defendant that counter offer of settlement was rejected via the telephone in the pretrial conference. in addition, req #4 is irrelevant, not reasonabley calutlated to lead to the discovery of admissible evidence.I was trying to show I had attempted to deal, and wondered of OC really knew about it.So what are anyones thoughts out there. I do plan to file BK and am hoping to have paperwork back to attorney beofre the end of the month.????Please give me feed back on this one. I don't know if there is any point in this since crap 1 is so un workable.alsoI thought about talking to court clerk and trying to get a continuance, but not sure what reason to give. My thought is to give attorney more time to file BK before going to court on this, but I probably don't want to tell clerk this.NEED HELP, PLEASE.RODEOMOM Link to comment Share on other sites More sharing options...
rodeomom Posted March 13, 2005 Report Share Posted March 13, 2005 in process of suit cap 1 CA attorney vs menext hearing 4-7other lawyer files motion to dismiss saying I did not return his interoogatories, but I did and can prove it, I answered his 1st & 2nd req. He is also pissed because I filed motion to for relief, per their violations and because judge told them not to add more interest while they were sending me DV and they added more $ and I can prove it on paper. I pointed this out in last conference to judge, judge told them they needed to provide complete DV, they had not sent all of it.SO in my req for doc. I asked the following and here are their responses.1. Dated agreement between Plaintiff and Plaintiff’s counsel that grants counsel authority to collect on this collection, purchase, or assignment of information.Objections request requires legal conclusions, theories, and mental impressions of the defendants counsel which are work product and privilieged and are also irrolevant, not reasonabley calculated to lead to the discovery of admissible evidence.what is up with that, that is part of my dv request2. Counsel’s authorization of law for collection of information.They gave me the same answer as #1 I also req this in DV3. Itemized monthly statements that contain any and all fees and/or interest that have been added to this account from the date of receipt by counsel to present.I also asked for this in DV. I specifically asked for accounting since they rec. the acct. and all they send is a copy of @ cc sstatement from before they got the acct.4. Dated and signed document from Plaintiff, not Plaintiff’s counsel, stating Plaintiff was informed of Defendant’s counter settlement offer for $500.00, which was made during phone conference on February 7, 2005 and verification that Plaintiff does indeed reject the offer.Their answer to #4 was Objection. without waiving objection, plaintiff's counsel told defendant that counter offer of settlement was rejected via the telephone in the pretrial conference. in addition, req #4 is irrelevant, not reasonabley calutlated to lead to the discovery of admissible evidence.I was trying to show I had attempted to deal, and wondered of OC really knew about it.So what are anyones thoughts out there. I do plan to file BK and am hoping to have paperwork back to attorney beofre the end of the month.????Please give me feed back on this one. I don't know if there is any point in this since crap 1 is so un workable.alsoI thought about talking to court clerk and trying to get a continuance, but not sure what reason to give. My thought is to give attorney more time to file BK before going to court on this, but I probably don't want to tell clerk this.NEED HELP, PLEASE.RODEOMOM Link to comment Share on other sites More sharing options...
KentWA Posted March 14, 2005 Report Share Posted March 14, 2005 If you are going to file BK, this is moot. Once your paperwork is filed with the court for BK all other things are stayed. This case will stop dead in its tracks and likely be dismissed because the BK court will order discharge or terms depending on the BK you file.But you might as well have some fun while you are at it and make them work some more. Maybe a second round of discovery, or maybe a motion to compel, etc. Link to comment Share on other sites More sharing options...
KentWA Posted March 14, 2005 Report Share Posted March 14, 2005 If you are going to file BK, this is moot. Once your paperwork is filed with the court for BK all other things are stayed. This case will stop dead in its tracks and likely be dismissed because the BK court will order discharge or terms depending on the BK you file.But you might as well have some fun while you are at it and make them work some more. Maybe a second round of discovery, or maybe a motion to compel, etc. Link to comment Share on other sites More sharing options...
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