varesa01

Response to Demand for Particulars

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Calawyer and Adsoft .. thank you for your help!

Think I'll go this route!

"Another option is to just lay in the weeds and serve a supplemental request right before trial to ensure that no other evidence exists and then do a motion in limine before trial. A motion in limine asks the Court to preclude evidence because it has not been produced during discovery."

The Case Management Conference is on October 19, so I should do it after that? I am assuming that the supplemental would be a Request for Production of Documents Set Two. Am I incorrect here?

Have to say again that without your help as well as the help of others, I would be downing tranquilizers at this time -(

Much appreciation!

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They have admitted they are not in possesion of the open book needed for the open book account and quantum meruit causes of action. Summary judgment would end it nicely but they would just dismiss without predjudice. in limine motion as part of the trial brief would be nice with a big fat proposed order for judgment for defendant attached might rule they day but then they could dismiss without again. what you might try is to lock them in with a motion to amend your answer and cross complaint at the case management hearing based on violations of rosenthal, UCL, and such the cross complaint locks them in to trial which they would then lose. and some coin in yo pocket:)

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Thanks for the advice!! Calawyer also mentioned the in limine motion. Will save your post with the others and do some research on all this so that I know exactly what I need to do as far as correct paperwork.

One benefit of all this that I have new legal terms to add to my vocabulary. By the time this is over I will be able to speak "legalese" :)

Again .. much appreciation for all the assistance!

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I am assuming that the supplemental would be a Request for Production of Documents Set Two. Am I incorrect here?

Here is a supplemental document demand (on pleading paper):

Defendant _____requests that plaintiff ____respond under oath, pursuant to Code of Civil Procedure §2031.050, within thirty (30) days of receipt, to the supplemental document demand set forth below.

SUPPLEMENTAL DOCUMENT DEMAND: Please review your responses to all demands for documents previously served on you in this action and review the documents you have produced in response to those demands. If for any reason, any response was not correct and complete when made, or you have discovered or obtained documents responsive to any previously-served document demand after the time you made your response, please provide a supplemental response and produce copies of any documents which are now in your possession, custody or control which are responsive to any previously-served document demand but which have not been previously produced by you in this litigation.

Dated:____

Signed:______

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Really appreciate the wording of the Supplemental as I would have written up a Set Two of the Request for Documents.

I am getting used to the pleading format so can get this together fairly expeditiously.

Dankeschön

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I screwed up! Someone, I think Calawyer, but I could be wrong, sent me a sample of a very good letter to send to the plaintiff in these circumstances. This is after receiving responses to Interrogatories, etc. which were basically without information. I was told to send it shortly before trial.

If I recall correctly, the letter stated that if the information requested is not provided before trial, any information provided at trial would be inadmissible but it was written in great legalese.

I stored this letter and cannot locate it in the file I have for all of this material. I did have computer issues but most probably my error.

It is asking a lot but if anyone has a sample of this type of letter, can you please let me know. If not, I will put together a letter in my best pseudo-legalese, and at trial throw myself on the mercy of the court. Wonder how that would work?

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I screwed up! Someone, I think Calawyer, but I could be wrong, sent me a sample of a very good letter to send to the plaintiff in these circumstances. This is after receiving responses to Interrogatories, etc. which were basically without information. I was told to send it shortly before trial.

If I recall correctly, the letter stated that if the information requested is not provided before trial, any information provided at trial would be inadmissible but it was written in great legalese.

I stored this letter and cannot locate it in the file I have for all of this material. I did have computer issues but most probably my error.

It is asking a lot but if anyone has a sample of this type of letter, can you please let me know. If not, I will put together a letter in my best pseudo-legalese, and at trial throw myself on the mercy of the court. Wonder how that would work?

hi varesa01,

hope you get the letter, I would like a copy when you do.

thanks

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If (hopefully, when) I do receive a reply, if it is sent as a personal reply to my e-mail will definitely re-post here. Meanwhile, I will keep searching my computer in the vain hope that I have stored it under something like, "cheesecake recipes".

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Okay. This is what I am going to do. I will write to the plaintiff about 30 to 45 days before trial requesting all evidence to be presented at trial per CCP Section 98. This line of action was given to me earlier by another poster but sounds like an excellent strategy.

If, as I suspect, they have nothing, since my request for documents, etc., produced nothing, then pretty much think I will have won.

I went to the local courthouse just to check out how case management hearings go. Amazingly ZERO defendants showed up. Not sure but I believe that gives the plaintiffs an automatic win.

Equable, the sleazy people I am dealing with right now called me for the second time to try to get me to settle. They said, "we win 98% of our cases". I told them, "you're not going to win this one". The only reason they win is that people don't fight.

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Exactly... many collection attorneys have little experience, save for default judgments. Once you've answered, they are for the most part out of their element...

one JDB sued me in LA County a few years ago... I answered and after the default was rejected, they subbed out for an attorney that had trial experience. We ended up settling in my favor and there's an NDA in place... so I can't mention who they are or how much the contributed to my Latin America Retirement Palace.

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Okay. This is what I am going to do. I will write to the plaintiff about 30 to 45 days before trial requesting all evidence to be presented at trial per CCP Section 98. This line of action was given to me earlier by another poster but sounds like an excellent strategy.

If, as I suspect, they have nothing, since my request for documents, etc., produced nothing, then pretty much think I will have won.

I went to the local courthouse just to check out how case management hearings go. Amazingly ZERO defendants showed up. Not sure but I believe that gives the plaintiffs an automatic win.

Equable, the sleazy people I am dealing with right now called me for the second time to try to get me to settle. They said, "we win 98% of our cases". I told them, "you're not going to win this one". The only reason they win is that people don't fight.

If they aren't worried about your case, then why are they begging you to settle? ;)

Thanks for the information you found regarding the case management hearings lack of attendance by defendants. We were plannning to go to ours no matter what. I'm surprised to hear how many that defend their cases don't bother to attend it.

Check your pm's as I wanted to ask you something and wasn't sure you'd want to share it on the open board. :)++

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I'm completing my case management statement in California - CM-110. Received the same from the plaintiff which was unsigned. Is this a problem (I hope) for them?

I requested a jury trial. They requested non-jury.

For 4b - Description of Case, I responded: Plaintiff alleges indebtedness of defendant in the amount of $4,376.74.

For #16 (other motions) I responded "Motion in Limine to exclude evidence and documents not produced in discovery."

I have until 9/14 to get this in to the plaintiff. Is there anything in particular I should be concerned about? It seemed fairly straightforward to me but what would I know?

Appreciate any feedback on this.

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Now that was easy! Went to the Case Management at court and even though there were about five cases listed for case management, I was the ONLY defendant who showed up! An easy win for them on these other cases.

They asked me if I wanted to settle and of course I said, "NO". Their lawyer then asked if I wanted to go to trial. A solid "YES".

The plaintiff has produced no contract or assignment of contract since they filed the summons in November 2010 despite request after request after request. Their usual response, "when it becomes available". Doubt that this trial will be a problem as they have nothing on which to base their case. Of course filing a motion in Limine, just to cover.

Moving forward step by step by step. Whatever you do, ALWAYS show up for Case Management. It sounds scarier than it really is and also, why give these people an automatic win?

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Afraid I need some help here. I have searched the posts for wording of a simple Motion in Limine and have come up with nothing that is basic. Also, I never filed a Motion to Compel and from what I understand that can also be filed after the Case Management Conference. Is that correct? I would like to file that right away and shortly before trial file the Motion in Limine.

The Plaintiff has given me nothing so far except a statement. If anyone can provide a sample that is basic to ask for exclusion of any new evidence from them I would be extremely grateful. Meanwhile, I'll continue my search.

Hope I'm making sense. A bit frazzled!

Thanks again for all the help received here! Couldn't have gotten anywhere without it!!

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Ignore my mention of Motion to Compel. Should have been done long ago but would still very much appreciate some ideas of how to word a very basic Motion in Limine.

Thanks!!!!!

Is it a BOP you want to compel or written discovery?

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I realized that I had already written a letter to compel on BOP but did not file it as a motion which probably was a mistake.

What I need is compel for written Discovery. They have proved that they have absolutely nothing as far as documentation is concerned. I just want to make sure that they don't come up with any surprises at trial.

My defense will be their absolute lack of standing as no contract and no assignment of contract. "When and if it becomes available" has been their response to all requests for documentation.

Once again, great appreciation for all you do for those of us with virtually zero knowledge of law!

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Thanks. I was completely unaware of that. I'll go ahead and get those in. Still have to figure out how to word that Motion in Limine. The "compel" I've done before so that's not a problem.

BTW, I chickened out and asked for a non-jury trial as I knew that a jury trial would be beyond my ability to handle.

Appreciate the information :)

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Thanks so much!!!!!

I can do a search with that information and come up with it.

I am sending another final letter today citing the dates of all my requests for documents and discovery, and asking for a response. I will give them about 30 days and then file the Motion in Limine.

You really saved me as every Motion in Limine I had come up with was so complex and I needed simplicity as I already have nothing from them.

Great appreciation again for all your assistance!

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Feel silly. Read your tag, "Soldier in the .... " and thought that was the name of a case of yours. Had just woken up so I have a slight excuse!

Interestingly this site is the first place where I have ever thanked a lawyer. These are lawyers that make me rethink that "bottom of the lake" lawyer joke!

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Thanks so much!!!!!

I can do a search with that information and come up with it.

I am sending another final letter today citing the dates of all my requests for documents and discovery, and asking for a response. I will give them about 30 days and then file the Motion in Limine.

You really saved me as every Motion in Limine I had come up with was so complex and I needed simplicity as I already have nothing from them.

Great appreciation again for all your assistance!

Motions in limine are usually filed right before (or sometimes on the day of) trial. THe beauty of a BOP is that there is no time limit to file the motion (unlike a motion to compel written discovery). Check out this post I did a few months ago on the difference between the two motions:

http://www.creditinfocenter.com/forums/there-lawyer-house/309078-motions-compel-bop-vs-written-discovery-cal.html

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