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when to file bop or discovery


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My case is going to its first case management hearing this Friday. So far I have not heard one thing from the Plaintiff (supposedly Capital One but filed by an attorney/BILL collector outfit). They were suppose to file Case Management forms 2 weeks ago but I received no copies of one.

I was told from someone on this list not to send anything (no BOP or Discovery) until I hear something from them. So when is the best time to file those forms? So far they have provided no proof I owe anything or that they have the right to collect.

If they don't send me a copy of the court forms or file the forms the court asks for can I ask the judge to dismiss the case? What if they do this with more important things.thanks for any help.

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I'm sure me and others have advised you to send off a BoP request asap. You need to pay attention and look at CCP 454. You can request it at any time before the trial and it doesn't have to be formatted a specific way but you need to send it along with a proof of service. There are countless threads by many other posters from CA about the BoP. Read them.

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I'm not in California, but why would you wait for them to do anything and then play defense the whole time.

What is your defense based on? If BOP is an option in your jurisdiction, why wait to request it if it kills their case if they do not provide one?

If this is not your first case and you are comfortable with the court and the court procedures, become offensive and not defensive. If it is your first or you have no real defense or strategy, then waiting will allow you to see how things go and should happen.

Hopefully someone from Cali. will chime in.

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OK I have all my bop questions formulated but was told NOT to send them anything yet as the ball was in their court. Even tho the plaintiff doesn't seem to be particpating in this case at all should I just pursue the case on my own?

One other thing, can I fill out the BOP form (is there a form or do I just type out on plain paper??) and just hand it to that side if they bother to show up at court Friday? Ask that they sign a receipt for it or something? Or do I have to mail it with proof of mailing?

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BTW RIKKIVS, thank you for always taking the time out to help others.

Iheart, this is my first case and as of yet, I have no strategy on how to win the case so that is probably why I was advised to wait and see what they do. So far they have provided no proof that I owe the debt so I guess my strategy is to see how much proof they have and how viable it is and go from there. I really have absolutely no clue how any of this works. I am doing it play by play. Kind of bummed the other side isn't playing by the rules and never sent me a copy of their case management form. I thought you had to do that.

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I'm not picking on you, just using your case as an example.

On this forum, we have many questions about what to do during a case. The best thing for someone to do is to review the rules of civil procedure for your court. This will not only help you to figure out what is coming next, but when to file what motion, etc.

If you don't understand what you are reading, you will be able to ask a much more informed question THAT WILL BE MORE LIKELY TO BE ANSWERED.

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I would send the BOP immediately. There is no advantage in waiting.

Type it on pleading paper. Serve it by mail and have someone fill out a proof of service for you. Don't file it with the Court.

You need to do a case management statement: http://www.courtinfo.ca.gov/rules/index.cfm?title=three&linkid=rule3_725

Mention the fact that you have (or will) serve a BOP. You need to serve the CMCS on the plaintiff and file it with the court.

Good luck.

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Thank you so much CA lawyer. I have filed the CMCS already 3 weeks ago (court asked that it be filed 2 weeks in advance) but the other side has not sent me a copy of theirs but I did send a copy of mine to them. Is there anything I can do because they are not sending me copies of things that they are suppose to file with the court? Or perhaps they never filed their form. Can I do anything about that?

I will work on my BOP this week and look for a pleading form. I don't know what that is.

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Also CA Lawyer Since I never received a case management statement from the Plaintiff can I ask the judge to dismiss the case since they never filed one or sent me a copy? I assume they didn't file one 15 days ahead of time since I never got a copy and the hearing is Friday.

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Good for you filing the CMCS on time.

You can't ask the Judge to dismiss (well, you COULD but she would say no).

The first time you are allowed to speak, I would tell the Judge that IF plaintiff filed a CMCS, you did not receive it, so you would request that the Court remind plaintiff to serve you with all pleadings as the code requires. The Judge may steal your thunder, however, because many Judges will begin the conference by noting that the Court received a statement from the defendant but not the plaintiff. Some Judges will sanction the non-filing party $100 or so.

Pleading form just means numbered paper. Check out this link for more info: http://www.saclaw.lib.ca.us/pages/creating-pleadings.aspx

Good luck on Friday. I think you are going to have some fun.

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Thank you CA lawyer. I did a google search for the form for BOP and found a page from this site that had a link to the form to use and I just complete it. It was basically done for me with an a, b, c, d, e, f, g, haha I added in a couple of others and will check them off and mail it. There is an A and a B however asking me to chose what paragraphs I am asking for more info about and that doesn't seem to apply. Do I have to check those off? Someone said to file this with the court in that thread I read but the court rules say not to so I am not going to file them with the court but will maintain a proof of mailing since I don't think these characters are bothering with court procedures nor do I think they will bother to answer my BOP. If they don't answer do I file a Motion to Compel??

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If they don't respond, you will write them a letter "meeting and conferring" and giving them a date certain by which to respond (i.e. 10 days from the date of your letter). If they still don't respond, I would suggest you do a motion to prohibit plaintiff from using any evidence at trial or, in the alternative, to compel a response to your BOP. Judges usually don't like to prohibit evidence the first time around even thought the statute permits this remedy.

If you search for my posts, you will find sample meet and confer letters.

Good luck.

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