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General Denial


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Question for the forum about General denial.

Yesterday my wife had a Meet and Confer with the plaintiff’s lawyer. At one point he said so your defense is a general denial of everything. She answered yes.

My question does this in away limit my wife’s ability to challenge the evidence that the plaintiff provided during discovery?

She has a case management conference next month and would like to bring the challenges up at that point. Does she have to tell the plaintiff’s lawyer what she will be challenging before the pre trial meeting?

My wife wants to challenge the chain of title that has passed 4 times between JDB's. It was not properly verified and some of the dates are prior to the OC selling the account.

Just want to make sure that I don’t let this JDB win because of procedural things.

Complaint is in California Civil court.

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Thanks for the answer.

How and when do I challenge the exhibits they sent me during discovery?

CMC is in 20 days.

They sent me:

A Broken and unverified chain of title. 2 of the Affidavit of assignment were prior to OC even being opened.

Iledgible credit card agreement form the wrong year/not verified.

Only 5 credit card statements. Not verified by OC.

I don't want to show my wife's defence too early and have them fabricate better looking evidence.

Case is in California and plaintiff is a JBD.

Thanks for all the help you have supplied me.

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You challenge it at trial or in response to a summary judgment motion (if plaintiff files one). You can usually be prety general in a CMC statement. At the first CMC, the Court wants to make sure everyone has been served, inquitres about arbitration/mediation and asks if there are any unusual problems the parties wish to discuss.

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Thanks Calayer,

I went to the law library next to court and they recommended the book "Win your lawsuit 3rd edition" by judge Roderic Duncan, 40 bucks. It was a great help, just as you have been. I would recommend it for anyone starting out researching the law on how the California trail system works.

I do have a question for everyone.

How do I get to speak for my wife at the case management conference and trail? Case is in S.D. California.

Do I have to do some type of power of attorney?

My wife has done a great job on research but is very scared to be in front of the plaintiffs attorney.

Thanks again everyone for the help.

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You can represent yourself but you can't represent someone else unless you are an attorney. If you are both being sued, have her come with you and sit at counsel table. You can do all of the talking and then, if necessary, your wife can get up and do a "what he said".

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Thanks Calawyer,

Unfortunately she is the only one named in the complaint.

I guess I will have to prep her on how to protect herself.

I will stop this thread and start a new thread that is more relevant and updated to the case.

You as always have been a great help.

Thanks for what you are doing for all us newbe's and hope to soon give back in the same way.

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