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cach/mandarich once again


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Many Many Thanks

To every helpfull CIC member here .

I, as well as it seems half of California am one of the unlucky ones to cross paths with Mandad@%k Law Group and have a question on my BOP. I will give the complaint summary first.

1. Plaintiff is of course CACH

2. Law firm is Mandarich

3. Sued for 9,xxx.xx $

4. OC is HSBC

5. I was served Summons/Complaint

6. Served via mail

7. Service was iffy

8. Correspondence with plaintiff and attorney - phone calls, letters

9. I live in Ca. San Bernardino county

10. Last payment on (alleged) account was 3 to 4 years ago

11. SOL is 4 years

12. Status of the case is Voluntary Mediation Session set for early April

13. Have not disputed debt yet

14. No debt validation was requested

15. General Denial Answer has been filed with no defenses, complaint was not verified. First cause of action (Breach of Contract). Second cause of action (account Sated).

16. No evidence was sent with the complaint.

The first BOP sent was a templet I used from Calawyer and has been denied. The usual Distefano v Hall denial.

I need help finding information on how to shoot this denial down with a follow up letter or ?.

Any help is greatly appriciated.

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Many Many Thanks

To every helpfull CIC member here .

I, as well as it seems half of California am one of the unlucky ones to cross paths with Mandad@%k Law Group and have a question on my BOP. I will give the complaint summary first.

1. Plaintiff is of course CACH

2. Law firm is Mandarich

3. Sued for 9,xxx.xx $

4. OC is HSBC

5. I was served Summons/Complaint

6. Served via mail

7. Service was iffy

8. Correspondence with plaintiff and attorney - phone calls, letters

9. I live in Ca. San Bernardino county

10. Last payment on (alleged) account was 3 to 4 years ago

11. SOL is 4 years

12. Status of the case is Voluntary Mediation Session set for early April

13. Have not disputed debt yet

14. No debt validation was requested

15. General Denial Answer has been filed with no defenses, complaint was not verified. First cause of action (Breach of Contract). Second cause of action (account Sated).

16. No evidence was sent with the complaint.

The first BOP sent was a templet I used from Calawyer and has been denied. The usual Distefano v Hall denial.

I need help finding information on how to shoot this denial down with a follow up letter or ?.

Any help is greatly appriciated.

THey are full of it about Distefano. THere is a letter responding to that argument that I posted within the last 10 days or so. Ask if you can't find it.

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Hi, read your post...seems they are doing this with everyone too. Calawyer put this together for me:

Send them a letter like this (modified for your circumstances:

Dear___

Thank you for your letter dated ___ regarding the Bill of Particulars served in this matter. In that letter, you refuse to respond to Defendant’s Bill of Particulars claiming that a Bill of Particulars is not required for plaintiff’s claims of account stated. You ignore, however, the fact that plaintiff's complaint contains a cause of action for breach of contract.

You may wish to review the case of Distefano v. Hall. While Distefano does suggest that a Bill of Particulars may not be required for an account stated claim, the Court reached the opposite conclusion with respect to breach of contract: “Section 454 has received a fairly broad interpretation and has been construed to cover almost any kind of contract action for a money claim made up of more than one item.” 218 Cal. App. 2d 677.

I cannot understand why plaintiff would object to providing the most basic discovery that will be necessary to prove its claims. In any event, your erroneous objection to the Bill has already caused plaintiff’s response to be tardy. As the Distefano court noted, “The penalty for failure to furnish a bill of particulars, when one has been demanded, is that no evidence will be allowed in support of the cause of action pleaded.”

Please respond without further delay or defendant will seek relief from the Court.

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Thank you momof2 and calawyer for the helpfull direction. This is a great letter you have provided me with. I am trying to get any/all evidence they may have prior to mediation next month. If I dont get a response to this letter I dont think I will have enough time to procede with a motion. I may have to decline the mediation and go with a court date. How much more time do you think I should give them to respond? Thank you

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The letter is sufficient. You gave them enough time; they tried to outsmart you; and they probably feel you won't pursue anymore. Keep forging forward, looks like we're in the same boat [junk debt] with these guys. Send the letter (I gave another 10 days) and then work on your Motion to Compel/Preclude.

Edited by momof2
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Consider adding a sentence to the second-to-last paragraph of the letter:

While I am sure that the Court will grant such a motion, I am not sure why plaintiff would force defendant to file it. As you know, the Court has scheduled a mediation in this action for next month. If plaintiff wants the mediation to be productive it should provide these basic documents immediately.

That way, when they ignore the letter, you will have something to show the mediator to explain your reluctance to offer anything by way of settlement.

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Calawyer and Momof2, Thank you for all the help you both have given me. I did add your suggestion on the back end of the letter Calawyer. The letter is done now and will be on its way via cmrrr, even though it will probably wind up in the same pile as your letter Momof2. I will start working on the motion today. Thanks again

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Calawyer and Momof2, Thank you for all the help you both have given me. I did add your suggestion on the back end of the letter Calawyer. The letter is done now and will be on its way via cmrrr, even though it will probably wind up in the same pile as your letter Momof2. I will start working on the motion today. Thanks again

You're welcome.

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Now I have received an RFA and Special Interrogatories. From what I have read, they would like for me to prove their case.....WTF, really:rolleyes:???? Any help is much appreciated as to how I would respond to the following:

RFA/Interrogatorries. Some of them are repetive I know.

1. Admit that ORIGINAL CREDITOR issued to YOU the ACCOUNT number xxxxxxx....which is the subject of this lawsuit.

2. Admit that you used said account.

3. Admit that you and the OC entered into an agreement regarding the account.

4. Admit that you agreed to pay OC and it's successors and assigned all outstanding balances owed on the account.

5. Admit that OC mailed monthly statements to you regarding your account.

6. Admit that you received a final statement on or around XX/XX/XXXX from OC with an outstanding balance of XXXX.XX.

7. Admit that you never disputed, with any person or entity including the OC, the statement with an outstanding balance of XXXX.XX.

8. Admit that you have not paid the outstanding balance on said account.

9. Admit that you owe the plantiff the amounts prayed for in the complaint.

10. Admit that you have no facts which would vary the amounts owed to the plantiff.

11. Admit that you have no affirmative defenses against the plantiffs complaint.

Here is the Special Interrogatories:

1. State all facts upon which you base your contention that you owe nothing on the account number XXXXXXX., which is the subject of this lawsuit.

2. Describe each document that you believe supports your contention that you owe nothing on the account.

3. State all facts upon which you base your contention that you owe less than the amount prayed for in plaintiffs complaint on the account.

4. Describe each document that you believe supports your contention that you owe less than the amount prayed for in plantiffs complaint on the account.

5. State each of your affirmative defenses.

6. State all facts in upon which you base your affirmative defenses.

7. State each mailing address, if different from your residence addresses, for the last ten years and the dates that you received mail at each.

8. State all facts regarding payments made on the account.

9. Describe each document evidencing payments made on the account.

10. If you have ever been married, state the name of your spouse(s).

11. State all details regarding the length of your marriage(s) (i.e.) (from what date until what date).

:ROFLMAO2:

I feel as though I should be getting kickback from these jdb's

Edited by SELFHELPJUNKY
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It's just part of the game. Deny them. Here's a copy of my response to the same Plaintiff. Same county too. GL

DEfendant

Address

Defendant in pro per

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN BERNARDINO

CACH LLC

Plaintiff,

vs.

Defendant )

)

)

)

)

)

)

)

)

)

Case No.: No. CIV******

RESPONSE TO REQUEST FOR ADMISSIONS

(SET NO._1)

Responding Party: Defendant,

Requesting party: Plaintiff, Cash LLC

Requests for Admission Set Number: 1

YOURNAme, the Defendant in the above case, responds as follows to the First set of Requests for Admission of plaintiff, CACH LLC:

1-2. Denied. Defendant has no prior knowledge of such account, its issuance or use.

3-4. Denied No agreement or contract was signed by defendant.

5-7. Denied. The only statements received by the defendant were received on (DATE) after a Request for Bill of Particulars was filed.

8. Admit to the extent that the balance was not paid on the account because no contract exists or has been presented.

9-11. Denied. There is no signed original contract that stipulates an agreement between defendant and plaintiff or (ORIGINAL CREDITOR), and is admitted by the Affiant on item 6 of the AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT in Exhibit A included on the BILL OF PARTICULARS.

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

Executed at YOUR CITY, California on x/x/2011.

_________________________________

[signature]

Responding Party

The last part has to do with the BoP. I am assuming they sent you a Bill of Particulars already. If so, it should have included a AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT.

Edited by InProPer
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Depending on how you responded in your answer, it may be necessary to hire an attorney. Did you admit to anything in your answer? I have never heard of a BoP request getting denied. Perhaps someone else here has experience in that situation

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My BOP was originaly denied, I sent them a letter to comply that crossed paths in the mail with the interrogatries/RFA's they sent me. We shall see if they respond.

I love it when they send out discovery and won't respond to your BOP. Look at post 3 in the following thread and see if it helps you at all: http://www.creditinfocenter.com/forums/there-lawyer-house/307271-help-answering-discovery-stay-home-mom-sued-cach-llc-california.html

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Go with Calawyer's Suggestion. I sent a bop and they responded with generic crud AND asked for an extension. I granted the extension and got nothing. Gave them an additional extension through meet and confer letter and still received nothing. That was last summer and I still have received nothing in response. Trying to decide if I am going to do a motion to compel. I am preparing a motion in limine however to use at trial (that's where I use that right?).

Point being, if they haven't/won't respond even when it is appropriate they probably have nothing.

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Go with Calawyer's Suggestion. I sent a bop and they responded with generic crud AND asked for an extension. I granted the extension and got nothing. Gave them an additional extension through meet and confer letter and still received nothing. That was last summer and I still have received nothing in response. Trying to decide if I am going to do a motion to compel. I am preparing a motion in limine however to use at trial (that's where I use that right?).

Point being, if they haven't/won't respond even when it is appropriate they probably have nothing.

Plus, if you object to their discovery because the complaint is vague and they won't respond to YOUR discovery asking them to further identify the account by producing all statements, I can't imagine them filing a motion to compel.

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And I quote the immortal words CIC's favorite, legal poet:

..."Does the complaint ONLY allege a cause of action for Account Stated? If plaintiff also alleges breach of contract or other common counts such as money had and received, goods sold and delivered, etc. then they are wrong. You are entitled to a BOP for these claims."

http://www.creditinfocenter.com/forums/1149093-post5.html

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Yes my BOP is justified. I have sent a letter back to them on their response to my BOP. I am aware that their response was lacking. I was wondering if I should wait to respond to their RFA's and special interrogatories until I received their second response to my BOP.

Edited by SELFHELPJUNKY
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I personally responded to the Request For Admissions only. As far as I know, it is the only part of discovery that you are required to answer, or can mess up your case if the questions are deemed admitted. Calawyer explained earlier how you could avoid it, but you have to confirm or deny these allegations at some point so if you didn't do so in your answer I'm not sure what you're waiting for.

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