JDB's lawyer answers my BOP, ???

[ADSOFT]

Ok got the answer to my Bill Of Particulars.

I asked for:

1) Account #

2) Itemization of all transactions and sum of charges which total amout they are suing for

3) Contract

4) Proof they own the bill.

All I got was a computer print out with my name, amount owed, date of last payment, date of chargeoff, and a response.

Plaintiff will not deliver other documents as requested as discovery device is out of scope: .... ?????

btw, here is the link to the orig. thread that talks about BOP in Calif.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?p=1077040#post1077040

Edited September 30, 2010 by ADSOFT
link

[Massive]

That's all they have, Go to trial and they cannot provide surprises at trial. They don't have the authenticated evidence showing ownership of the alleged debt.

[ADSOFT]

I thinking of sending this doc first

Letter Requesting Response to Demand for Bill of Particulars and Warning of Intent to Ask the Court to Exclude Evidence

Date: ____________________________

To: ____________________________

(Name of Plainitff or Attorney for Plaintiff)

_______________________________________

(Address of Plaintiff or Attorney for Plaintiff)

_______________________________________

Re: Failure to Respond to Demand for Bill of Particulars

On __________________________________ a Demand for Bill of

(Date the Bill of Particulars was given or mailed)

Particulars was served on you in accordance with Code of Civil Procedure section 454. I have not received a response to the demand.

This letter gives you formal notice that I intend to ask the court to exclude at the time of trial any evidence that I owe you money on the alleged account, contract, or other basis for which you are suing me. My request will be based on your failure to provide a proper response to my Demand for Bill of Particulars as provided in Code of Civil Procedure section 454.

Sincerely,

___________________________________

(Sign Your Name Here)

___________________________________

(Print Your Name Here)

Then asking for DISMISSAL, if that fails go on to discovery?

[FL4answer58]

The 'permissible scope of discovery' - 'any matter that is not privileged and is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party.' The Supreme Court proposed that discovery no longer would be as broad as the subject matter of lawsuit, but instead would be only as broad as the subject matter of the case.

Some courts rule you restrict the scope of discovery to information and materials relevant to the claims or defenses pled in the case (your affermative defenses).

Ask them to define scope?

"[w]e note that the ultimate purpose of discovery is to seek the truth, so that disputes may be decided by what the facts reveal, not by what facts are concealed." Jampole v. Touchy, 673 S.W.2d 569, 573 (Tex. 1984).

Some courts, upon motion, order further discovery, subject to such restrictions as to scope. Some other examples of 'permissible scope of discovery' would be - No party shall contact (an expert witness of an) opposing party without first obtaining the permission of the opposing party or the court. Here in FL the moving party must ask leave of the court to begin discovery if the other party unrepresented by lawyer (or Pro Se).

Your state may have similar ''permissible scope of discovery' rules that you must 'develop in anticipation of litigation or for trial'- but Cal lawyer did not indicate this - so I'm confused as well.

It doesn’t sound like the JDB has much - I doubt they will offer any more in Discovery.

Fighting any type of discovery on scope as a mere technicality or 'fishing' - sounds like you will be filing your own SJ, ...what material evidence could they possibly argue against!. Other then they think they will lose and want to set up an appealable issue (just in case) within 'scope of discovery'.

If all they sent was a computer print out with my name, amount owed, date of last payment, date of chargeoff, and a response. I’d force the hand and MSJ.

Next - motion to strike what little they have.

Edited September 30, 2010 by FL4answer58

[ADSOFT]

Fighting any type of discovery on scope as a mere technicality or 'fishing' - sounds like you will be filing your own SJ, ...what material evidence could they possibly argue against!. Other then they think they will lose and want to set up an appealable issue (jt with my name, amount owed, date of last payment, date of chargeoff, and a response. I’d force the hand and MSJ.

Next - motion to strike what little they have.

Thanks so much,

Do I have to show good will and file the "REQUEST FOR DEMAND OF PARTICULARS" before moving to MSJ/SJ??

Should I forget about discovery( shut the door on them while I'm ahead).