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help with response to plaintiffs interrogatories and RFA


dejr1
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First of all I'd like to thank all those of you that helped me in the past with this case..wouldnt have made it this far without it. We have now come to the discovery portion of the litigation process and I simply need help answering the interrogatories and RFA. I have reviewed cal code of civil procedure sec. 2030.210-2030.310..and seached the web for examples of responses and objections from a defendant with the same type of case. To refresh..I am being sued by amex for 12,000+ dollars for an account i never opened,agreed too, applied for..etc..and thanks to the help of this forum, I sent plaintiffs attorney a demand for bill of particualrs and found out that my estranged wife for whom i have not seen or heard from in over 5 years..took it upon herself to open this account with my information..and kept the account in good standing for almost 4 years...she defaulted on payments...I get a call and a summons from amex..and so forth. In the meantime I have contacted the local law inforcement and made a police report with regards to what i now consider identity theft. I have not divorsed her yet because I have no Idea where she is...but I do know where she has been shopping for the last 4 years..and I am im the process of finding a physical address for her to start the process. There are 18 interrogatories asking me everything from my full name and alias's to why I contend I am not responsible for plaintiffs damages. Also under "contract" portion of these int..they ask me to identify all documents that are part of the aggreement..etc.. I know there are objections to be used here..I just dont know what they are..Please Help:confused:

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While you're at it, do some research on how to bring your "wife" into the lawsuit as a third party defendant (if she is not already named in the suit). In my opinion, she is a necessary party. If she was not named as a defendant, you should have (perhaps you still can) file a motion to dismiss for failure to include her as a party (necessary and indispensible).

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While you're at it, do some research on how to bring your "wife" into the lawsuit as a third party defendant (if she is not already named in the suit). In my opinion, she is a necessary party. If she was not named as a defendant, you should have (perhaps you still can) file a motion to dismiss for failure to include her as a party (necessary and indispensible).

No she was not named in the law suit, and it is painfully obvious to anyone looking at the amex receipts over the past 4 years..all activity done by estranged wife...no record of myself buying or using the acct for goods and services whatsoever...and that is because i was un aware the acct even exsisted until now. The acct was apparently opened online with paperless billing...and the po box on file for the acct isnt mine! So my question is again..what are general objections to these interrogatories??

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While you're at it, do some research on how to bring your "wife" into the lawsuit as a third party defendant (if she is not already named in the suit). In my opinion, she is a necessary party. If she was not named as a defendant, you should have (perhaps you still can) file a motion to dismiss for failure to include her as a party (necessary and indispensible).

This could get complicated, as he is still legally married to this individual, and CA is a community property state. I should think AMEX will pursue both of them and tell them to work out the rest themselves.

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This could get complicated, as he is still legally married to this individual, and CA is a community property state. I should think AMEX will pursue both of them and tell them to work out the rest themselves.

It isn't really up to AMEX, if injured spouse is found not liable.

§ 782. Injuries to married person by spouse

(a) Where an injury to a married person is caused in whole or in part by the negligent or wrongful act or omission of the person's spouse, the community property may not be used to discharge the liability of the tortfeasor spouse to the injured spouse or the liability to make contribution to a joint tortfeasor until the separate property of the tortfeasor spouse, not exempt from enforcement of a money judgment, is exhausted.

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Thanks, and if i was the plaintiff in the this case...that article would have been most helpful.But I am the defendant in pro per...and my legal knowledge, as well as my pocket book are very limited... I would love to see an example of a DEFENDANTS RESPONSES TO PLAINTIFFS INTORROGASTORIES....IN A CASE DEALING WITH CREDIT CARD DEPT..

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Thanks, and if i was the plaintiff in the this case...that article would have been most helpful.But I am the defendant in pro per...and my legal knowledge, as well as my pocket book are very limited... I would love to see an example of a DEFENDANTS RESPONSES TO PLAINTIFFS INTORROGASTORIES....IN A CASE DEALING WITH CREDIT CARD DEPT..

They are the same, just tailored to your application.

Re 782, you need to add wifey as a party to the suit via third party complaint.

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It isn't really up to AMEX, if injured spouse is found not liable.

§ 782. Injuries to married person by spouse

(a) Where an injury to a married person is caused in whole or in part by the negligent or wrongful act or omission of the person's spouse, the community property may not be used to discharge the liability of the tortfeasor spouse to the injured spouse or the liability to make contribution to a joint tortfeasor until the separate property of the tortfeasor spouse, not exempt from enforcement of a money judgment, is exhausted.

Talk about legal doubletalk, this one takes the cake. Does this mean that if she (bad spouse) has no assets, they can then proceed against good spouse? He would have to establish separate community property, which in some states must be proven by a pre-nup. Not sure about his state. I do remember reading this for another poster. There aren't that many community property states. Think about how these CC companies think; it's like Goodfellas; blank you, pay me. They could care less about injured spouses. They'll probably show up in court and claim this is a scam the two of them arranged to dodge their bills. I would, if I ever lost all my integrity and agreed to represent a CC company, if I were a lawyer, which I am not.

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Thanks, and if i was the plaintiff in the this case...that article would have been most helpful.But I am the defendant in pro per...and my legal knowledge, as well as my pocket book are very limited... I would love to see an example of a DEFENDANTS RESPONSES TO PLAINTIFFS INTORROGASTORIES....IN A CASE DEALING WITH CREDIT CARD DEPT..

Post them as written with no typos and we will help you formulate answers, otherwise we are guessing. Each set is different.

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