Pride Acquisitions LLC

[1stStep]

That is fine. You send it directly to them. Also send it Certified Mail - Return Receipt. You want to know the exact date it is delivered.

[usagi555]

That is fine. You send it directly to them. Also send it Certified Mail - Return Receipt. You want to know the exact date it is delivered.

I would like to stress this. It prevents any "we didn't get it" crap and I have also personally used knowing the exact date they received my discovery requests (same principal - they have a deadline in discovery) to my benefit.

[1stStep]

I would like to stress this. It prevents any "we didn't get it" crap and I have also personally used knowing the exact date they received my discovery requests (same principal - they have a deadline in discovery) to my benefit.

Exactly...the BOP must be answered within 10 days of receipt per CCP 454. You don't want to be in position of guessing when they got it.

After the 10 days, wait 5 more for a response.

Many JDBs don't have or don't want to pay for the information to complete it, since they are purchasing just a name, account number and amount. Supporting docs cost extra. And on top of that, a law firm that has hundreds of cases in progress will probably not bother answering your BOP - since they want to go after the defaults.

[calawyer]

You say:

Please also provide written contract and written agreement between Plaintiff and Defendant referred to in the complaint.

How about:

Please also provide the written agreement between Plaintiff and Defendant referred to in the complaint

[Kobayoshi]

I filed my reponse, a "General Denial and I sent a "Bill of Particulars" which was recieved but not repsonded to as of yet. Tomorrow, Wednesday the 19th is my Case Management Conference. Any advice of what will happen at this conference and what types of things I can say?

[Kobayoshi]

Just appeared in court for my CMC. The attorney appeared for Pride Acquistions. The judge asked him why he did not file a Case Management Statement? He said that he thought one was attached to the paperwork but he could not see it in the file. He then said that he was just called at 7:30 am this morning to appear for Pride Acquistions. The judge looked a little perplexed and said she was sending it to a "Mandatory Case Management Conference" on 1/6/2012 and set a trial date for 2/15/2012. The attorney asked to talk with me outside the court room. He said that the lawyer that actually represents Pride Acquisitions wants me to call him on his cell phone this morning to talk about a settlement. Any opinions on what I can do or what the result I got in court today means? Thanks.

[1stStep]

Well first off, the judge has taken notice that the lawyer doesn't have their s**t together. This is a good thing.

So now, call the attorney and inquire about your BOP. Let him know it was sent and was received (and if the 10 days has elapsed). Ask when they plan on responding. I would avoid answering questions about intentions regarding the debt - keep focused on the case.

As far as settlement goes, a dismissal with prejudice should be in order. Let them know you don't plan on a settlement that pays them - after all, at this point, you are winning.

Whatever you do, take careful notes and to CYA, send a meet and confer letter to summarize the conversation. Fax the letter to them (and if no BOP, include language regarding the BOP and in 5 or 10 days, you will file a motion to preclude).

[Kobayoshi]

I just spoke with the attorney I was asked to call after today's CMC. I asked him if he was planning on responding to my BOP? He said that he never received it. I told him that I have the signed Return Receipt from my Certified mailing. He told me that I may have sent it to his other office. I told him I sent it to both offices of record for him and told him the name of the person who receipted it in. I asked him if that person worked there and he said "Yes." He asked exactly what details I wanted and I told that I wanted what I listed in the BOP. He said that he wasn't trying to "Bust my Chops." He said he would get it to me within a week to 10 days. He then asked me if I had any interest in settleing the matter. I told him that I did not plan on a settlement that pays them any money. He told me that I was "busting his chops." I did not respond to that remark. I was very nice, no emotion. He said there was nothing further to discuss and I thanked him and we ended the call.

Is there any form for a "Meet and Confer" document or this there somplace I can get the language to write a proper one?

[1stStep]

"On (date), the Plaintiff received a bill of particulars from the Defendant. Per CCP 454, a response is due within 10 days. As of the date of this letter, the Plaintiff has not received a response. Plaintiff has (5 or 10) more days to respond, and if not received, Defendant will file a motion to compel, or in the alternative a motion to preclude evidence.

[Moments1]

K,

I have been reading your posts since you started. Look at all that you have learned from the "people in the know" on this board in one month. Isn't it funny, that with their guidance and your willingness to work hard, how quickly things can turn around?

You are doing well and I loved your interaction with the plaintiff's attorney. Good luck. Hopefully, they will fold before the trial date, so that this will not be hanging over your head much longer.

[Kobayoshi]

Yes. this community is great. This forum is very helpful to those of us working on navigating our mindfield of debt. I am very grateful to the people who have offered me their advice. I have a long way to go with all of this. Thanks to all of you that have been helping me out. I feel a lot better than I did a month ago or so.

[calawyer]

I just spoke with the attorney I was asked to call after today's CMC. I asked him if he was planning on responding to my BOP? He said that he never received it. I told him that I have the signed Return Receipt from my Certified mailing. He told me that I may have sent it to his other office. I told him I sent it to both offices of record for him and told him the name of the person who receipted it in. I asked him if that person worked there and he said "Yes." He asked exactly what details I wanted and I told that I wanted what I listed in the BOP. He said that he wasn't trying to "Bust my Chops." He said he would get it to me within a week to 10 days. He then asked me if I had any interest in settleing the matter. I told him that I did not plan on a settlement that pays them any money. He told me that I was "busting his chops." I did not respond to that remark. I was very nice, no emotion. He said there was nothing further to discuss and I thanked him and we ended the call.

Is there any form for a "Meet and Confer" document or this there somplace I can get the language to write a proper one?

You handled yourself perfectly. Send the meet and confer letter and, if plaintiff doesn't respond, consider filing a motion to compel. Search my posts and you will find a template.

[jazmann]

Hello- I read the thread after finding out that Pride Acquisitions filed against me on 10/17 on behalf of a Chase account. I am located in Florida and have not been served yet but have seen it on the county court system- What should/can I do now to be proactive about it? I read about the BOP but looking on this site i did not see it was how it works in FL. thanks so much-

J

[1stStep]

A BOP is unique to California and NY (and I think VA)...you cannot use them in any other state.

[jazmann]

thanks- are there any other ideas of what to do? Jamie

[Kobayoshi]

Thanks for all of your help Calawyer. I have searched your posts for a sample of a Motion to Compel for a BOP but I could not find one. Can you tell me how to search your posts to find it? Thanks.

[1stStep]

thanks- are there any other ideas of what to do? Jamie

File a motion for a more definite statement...

[calawyer]

Thanks for all of your help Calawyer. I have searched your posts for a sample of a Motion to Compel for a BOP but I could not find one. Can you tell me how to search your posts to find it? Thanks.

If you go to "advanced search" you can search by poster and key word.

But here is the link you are looking for (#33): http://www.creditinfocenter.com/forums/there-lawyer-house/307597-objection-bop.html

[Kobayoshi]

Thanks, Calawyer, I found it. But, how do I get a hearing date for the Motion to Compel? It looks like people already have a hearing for it when they file the MTC.

[1stStep]

You either have to call the clerk and get a date or get when when filing the motion at the window...in that case, you leave the date and time blank on the Notice of Motion.

[calawyer]

You either have to call the clerk and get a date or get when when filing the motion at the window...in that case, you leave the date and time blank on the Notice of Motion.

Correct. And it varies by county in California so call first or look at your local rules to see how it is done in your county.

[Kobayoshi]

I am about to file my Motion to Compel. Below is my draft:

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA BARBARA

PRIDE ACQUISITIONS LLC

Plaintiff,

vs.

XXXXXX XXXXXX

Defendant )

)

)

)

)

)

)

)

)

) Case No.: No. xxxxxxxxxx

NOTICE OF MOTION AND MOTION

TO COMPEL BILL OF PARTICULARS;

MEMORANDUM OF POINTS &

AUHORITIES; DECLARATION

of xxxxxx IN SUPPORT OF

MOTION TO COMPEL FURTHER

RESPONSE TO BILL OF PARTICULARS

DATE: DECEMBER. XX, 2011

TIME: xxx

DEPT: 4

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on December xx, 2011 at xx a.m. in Department 4 of the above-entitled Court located at 1100 Anacapa Street Santa Barbara, California, Defendant will move, and hereby does move, for an Order compelling Plaintiff to respond fully to Defendant’s Request for Bill of Particulars or, in the alternative, to be precluded from offering any such evidence at the trial of this matter. The motion is made pursuant to Code of Civil Procedure section 454 on the ground that Plaintiff has refused to respond to Defendant’s demand for a Bill of Particulars and good cause exists for the relief requested in this motion.

This motion is based on this Notice of Motion, the Memorandum of Points and Authorities, the Declaration of xxxxxx filed herewith, all of the papers and pleadings on file in this action and such other evidence and argument as shall be adduced at or before the hearing hereof.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at Santa Barbara, California on __________, 2011.

_________________________________

MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION

On June 16, 2011, Plaintiff filed a complaint in this matter. The complaint alleges that Defendant owes Plaintiff the sum of $29,760.76 together with interest from 07/31/2009 at a rate of 29.99% per annum pursuant to an alleged agreement between Defendant and Chase Bank USA, N.A. No such agreement is attached to the complaint. The complaint sets forth no facts supporting the amount claimed to be owed.

For this reason, on October 3, 2011, defendant served a request for Bill of Particulars on Plaintiff. Plaintiff’s response was wholly inadequate. No contract has been produced. Nor has Plaintiff produced any account statements justifying the amount claimed to be owed in the complaint. Defendant therefore asks that this Court order Plaintiff to supplement its Bill of Particulars producing a complete accounting, a copy of the contract referred to in the complaint and a copy of any agreement assigning this claim to plaintiff. In the alternative, defendant asks that the Court enter an order precluding Plaintiff from offering any such evidence at the trial of this matter.

II. ARGUMENT

Code of Civil Procedure section 454 governs the use of a Bill of Particulars in California. Pursuant to this section, a Plaintiff need not detail all items of an account in the complaint. However, upon request, Plaintiff must provide all such information within 10 days or be precluded from giving evidence thereof at trial.

"It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular."

Here, Defendant served a request for Bill of Particulars on October 3, 2011. Declaration of XXXXXX XXXXXXX in Support of Motion for Further Bill Of Particulars paragraph 1. ("Pride Acquisitions LLC.) Defendant asked for a bill of particulars setting forth the items and details of the account on which the cause of action for goods sold and delivered of Plaintiff’s complaint is based, including the date of each item or transaction, a description of services, materials or goods supplied or other considerations rendered; and the price or charge made for each such item or transaction. Plaintiff did not respond. Plaintiff also did not provide a signed contract, a “master key assignment” alluded to in the Bill of Sale, complete itemized details of the account on which the cause of action for goods sold and delivered including the date of each item or transaction, a description of services, materials or goods supplied or other considerations rendered; and the price or charge made for each such item or transaction. Defendant’s efforts to meet and confer to avoid the necessity of bringing this motion were futile. Exhibit A.

The information requested in Defendant’s Bill of Particulars is the bare minimum that Plaintiff will need to prove its case at trial. Plaintiff should have had this information in its possession before filing suit. There is simply no reason that it should not be produced in response to a properly served Request for Bill of Particulars. The Court should require Plaintiff to do so immediately.

III CONCLUSION

Plaintiff’s response to Defendant’s Bill of Particulars is inadequate. The Court should require Plaintiff to supplement its response immediately and produce all statements pertaining to this account from inception showing all payments made and charges to the account at issue. In addition, Plaintiff should produce the contract referred to in the complaint and any agreement assigning the claims at issue to the Plaintiff. In the alternative, the Court should enter an order pursuant to Code of Civil Procedure section 454 precluding the Plaintiff from offering any such evidence at trial.

DATED: December xx, 2011 XXXXXX XXXXXXXX

In Pro Per

DECLARATION OF xxxxx IN SUPPORT OF MOTION TO COMPEL

FURTHER RESPONSE TO BILL OF PARTICULARS

I, xxxxx declare as follows:

I am the Defendant in the above-entitled proceeding. I have personal knowledge of all the facts contained herein, and if called to testify, could and would testify competently thereto.

1. Defendant served his Demand for Bill of Particulars by U.S. Mail to Plaintiff's attorney, xxxxxx, on October 3, 2011. A true copy of the mailing declaration and Demand of Particulars is attached hereto as Exhibit "A."

2. No response was received by Plantiff.

3. On October 19th, 2011, Defendant sent a meet and confer letter to Plaintiff's attorney xxxxxx observing that Plaintiff’s did not respond to defendants Demand for Bill of Particulars. A true copy of my faxed October 19th, 2011 letter is attached as Exhibit "B."

I declare under penalty of perjury that the foregoing is true and correct.

Executed this xxth day of December, 2011 at Santa Barbara, California.

Can any of you please commen t on how this looks?

[racecar]

Some good work guys and gals

Edited December 14, 2011 by racecar

[calawyer]

If true, you should add another paragraph to your declaration saying:

4. As of the date of this declaration, I have not received a response to my letter dated October 19th, 2011.

[Kobayoshi]

I filed my Motion to Compel and have a court date set for 1/25/2012. My Trial Conformation date is 2/15/2012. I also have a Mandatory Settlement Conference this Friday, 1/6/2012. Can anyone give me an idea of what to expect and what to do at the MSC?