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Citi suing me - last few days before trial


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Been lurking here for a while and have received very helpful information. Now with my trial approaching, the nerves are kicking in and I want to make sure I'm fully prepared.

Here's the relevant background:

1. Who is the named plaintiff in the suit? Citibank (South Dakota), NA

2. What is the name of the law firm handling the suit? The M00re Law Group

3. How much are you being sued for? > $25k

4. Who is the original creditor? Plaintiff

5. How do you know you are being sued? Case in progress.

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None

9. What state and county do you live in? California (LA)

10. When is the last time you paid on this account? Not outside SOL.

11. What is the SOL on the debt? 4 years

12. What is the status of your case? Trial approaching - final status conference held. Outstanding motion to compel (bill of particulars) to be heard before case.

16. What evidence did they send with the summons? None. Complaint was unverified. Causes of action (from PLD-C-001 form):

Plaintiff alleges that defendant became indebted to plaintiff within the last 4 years:

a1. on an open book account for money due

a2. because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff

b4. for money lent by plaintiff to defendant at defendant's request

b5. for money paid, lent out, and expended to or for defendant at defendant's special instance and request.

So here's where I am now:

1. Filed bill of particulars - plaintiff responded with copies of several years of statements and copies of two payment checks from quite a few years ago. No agreement was provided and statements don't start from account inception. No calculation of the alleged amount owed was provided.

2. Sent plaintiff's attorney a meet and confer letter detailing inadequacies of bill of particulars response and threatening motion to compel if information not provided timely. Received no response.

3. Moved to compel bill of particulars at final status conference (had written motion prepared). Judge agreed to consider it on the day of the trial - just before it starts.

4. Separately received plaintiff's witness list, exhibit list and statement of case. The witness list names six people as potential witnesses - names only, no job titles or addresses. Unable to find any information on the six names. The exhibit list includes only the information provided with the initial response to my bill of particulars request. The statement of case is the following: "Action for total principal balance owing of ($x) due on credit card account (12 x's and last 4 digits of account #) as of (date)."

I need to know how to play my hand for the win, and can really use some guidance:

1. If I win my motion to compel BOP, I need to know how to handle it. Remember, the hearing is happening just before trial. I'm thinking the only proper remedy is to preclude the info sent with the original BOP response. Am I right? What do I need to say to the judge?

2. Obviously, I want to preclude admission of any further evidence. Do I motion in limine regardless of whether I win or lose my motion to compel BOP? I have not been able to find a simple motion in limine on the site (probably just my searching abilities). What should I have with me on the day of the trial to motion in limine?

3. If I lose my motion to compel BOP, I'm thinking in order to win I'm going to have to shred whatever witness they bring. I'm certain they'll be there to testify to the existence and status of the account, as well as the authenticity of the copied statements. What questions will I need to ask in order to discredit them?

4. I'm on their witness list. I think I'll do fine, but I want to make sure I don't fall into any traps. Anything I should be watching for?

5. Any suggestions for relevant case law with regards to CCP 454? I believe the plaintiff's response to my BOP was inadequate (based on what I've read on this site), but I'd like some firepower to back that up.

6. Anything obvious I'm missing? Or not obvious?

Thanks so much in advance.

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It will help slam the door on them.

also when they question you they will try everything to get you to implicate yourself

Thanks - I figured I'd have to have a motion in limine ready. However, I haven't been able to find a simple example on the site. Any ideas?

Also, I'm concerned about questioning their witnesses (should they show up). Any thoughts on the most effective approach?

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Did you send them a CCP96:

Under Code of Civil Procedure section 96, you are requested to serve on the

undersigned, within 20 days, a statement of:

1. The names and street addresses of witnesses you intend to call at

trial (except for any individual who is a party to this action).

2. A description of each document that you intend to offer at trial.

Attach a copy of each document available to you.

3. A description of each photograph and other physical evidence you

intend to offer at trial.

Witnesses and evidence that will be used only for impeachment need not be included.

If so, they are supposed to provide addresses and you could potentially object under those grounds. Have they attempted to submit a CCP98 (written declaration in lieu of live testimony)? If so, you want to subpoena that person!

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That's what's been different about my case than others I've seen here. It looks like I've made a mistake with regards to filing a CCP96 - I was hung up on the motion to compel BOP and their insufficient response. The last line in CCP96 you quoted confused me. There's not enough time now to file it.

As far as a CCP98 goes, they haven't filed one. I was waiting for one, but it never came. What's been filed by the plaintiffs is a Witness List with six potential names. No titles, no addresses.

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