Meli

Generic Steps to fighting JDB in CA

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I want to compile the generic steps (not necessarily in perfect order) on how to fight a JDB after a complaint has been filed. Please critique and add your thoughts in case I'm missing anything...I'm sure this list will help many on the forum :)

1) File Answer to Complaint

2) Send request for BOP

3) Send Meet & Confer (more than 1 often needed)

4) Attend Settlement Conference and reject settlement offer

5) Respond to JDB Request for Admissions, Documents, and Interrogatories

6) Attend Case Management Conference and select trial dates

7) If insufficient BOP received from JDB, then file Motion to Compel Further BOP

What am I missing and where? I'm thinking of my own case with Midland and they've provided very little (1 generic page they called an "Account Statement"

Thanks!

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Not much help but I like your idea. I'm also in Calif. and am also trying to do what you are attempting. IMO, I think having the process in the correct order would be important. I understand each case is unique but this may offer some sort of sequence. The ideal would be to make a flow chart ... similar to the one here for DV. And have you started reading CA. Civil Procedure?

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I think it would be helpful to modify the list to include what parties each element is sent to - whether it's filed with the court and sent along to the plaintiff, whether it's only filed with the court or whether it's only sent to the plaintiff.

I'm having a devil of a time figuring that stuff out.

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Receive Summons

Send request for BOP (if they allege breach/common counts)

Send second BOP request, as needed.

If insufficient BOP received from JDB, then file Motion to Compel

Demurrer ???

File Answer to Complaint:

Respond to JDB Request for Admissions, Documents, and rogs

(You MAY file a general denial???)

My Discovery:

Request Admissions

Request Special Interrogatories

Request (POD)

Send second notice request, as needed.

If insufficient response file Motion to Compel

(Would a Motion to preclude be used?)

Send Meet & Confer (more than 1 often needed)

Attend Settlement Conference and reject settlement offer

Attend Case Management Conference and select trial dates

Bill of Sale-Affidavit of Sale documents Motion to Preclude Evidence

Motion for Summary Judgement

I am not an attorney. And I didn't sleep in a Motel Six last night.

But I do know just enough to know my "time-line" needs lot's of suggestions.

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I'm confused as to when one should send requests for Docs, Admissions, & Interrogatories or file a Motion to Compel further BOP. Where would the requests for Docs, Admissions, and Interrogatories fit into the list?

A simple/rough timeline would be helpful too. Any ideas out there?

Edited by Meli

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Respond to JDB Request for Admissions, Documents, and rogs

(If the complaint is not verified, you MAY file a General Denial

PLD-050 < http://www.courts.ca.gov/documents/pld050.pdf>)

Use a couple affirmative defenses, Lack of Standing and SOL.

I am confused..... do you Respond first, and then mail a BOP or can you BOP first and then respond?

I think sending a BOP right away puts them on the defense but I just don't know if you can BOP first.

THEN, after you respond to JDB Request for Admissions, Documents, and dogs you send them your discovery,

Discovery:

Request Admissions

Request Special Interrogatories

Request (POD)

Send second notice request, as needed.

If insufficient response file Motion to Compel

(Would a Motion to preclude be used?)

It seems that MOTIONs to COMPEL can appear in many places along this time line.

As I see it... if they don't respond to you requests for "xxx" or if their response is poor, you first send them another request, and finally file a Motion to COMPEL.

Edited by CALIF Dreamer
typo

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I want to compile the generic steps (not necessarily in perfect order) on how to fight a JDB after a complaint has been filed. Please critique and add your thoughts in case I'm missing anything...I'm sure this list will help many on the forum :)

1) File Answer to Complaint

2) Send request for BOP

3) Send Meet & Confer (more than 1 often needed)

4) Attend Settlement Conference and reject settlement offer

5) Respond to JDB Request for Admissions, Documents, and Interrogatories

6) Attend Case Management Conference and select trial dates

7) If insufficient BOP received from JDB, then file Motion to Compel Further BOP

What am I missing and where? I'm thinking of my own case with Midland and they've provided very little (1 generic page they called an "Account Statement"

Thanks!

8. Read CCP 96: CA Codes (ccp:90-100)

9. Send CCP 96 request in the timeframe described in the rule. Here is a form: http://www.courts.ca.gov/documents/disc015.pdf

10. If you receive a CCP 98 declaration, read CCP 98 (see link above). Have the Court issue a subpoena and have the subpoena served on the witness at the address listed in the declaration.

11. Read my posts on how to deal with the CCP 98 witness at trial (motion in limine).

12. Becaome familiar with California's hearsay rule and its exceptions. Also, you should understand the concepts of personal knowledge (pretty easy) and authentication of documents. Prepare yourself to use these objections at trial. If you don't, you waive them.

Edited by calawyer

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8. Read CCP 96: CA Codes (ccp:90-100)

9. Send CCP 96 request in the timeframe described in the rule. Here is a form: http://www.courts.ca.gov/documents/disc015.pdf

10. If you receive a CCP 98 declaration, read CCP 98 (see link above). Have the Court issue a subpoena and have the subpoena served on the witness at the address listed in the declaration.

11. Read my posts on how to deal with the CCP 98 witness at trial (motion in limine).

12. Becaome familiar with California's hearsay rule and its exceptions. Also, you should understand the concepts of personal knowledge (pretty easy) and authentication of documents. Prepare yourself to use these objections at trial. If you don't, you waive them.

Thank you!!

Is it wise to send your own requests for docs, admissions, and interrogatories before you file a motion to compel further BoP?

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Thank you!!

Is it wise to send your own requests for docs, admissions, and interrogatories before you file a motion to compel further BoP?

I PM'd you about that.

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Piggybacking on the great lists already created:

In addition to the above--

Take the time to utilize the search function on the board. There's a goldmine of excellent advice archived here. I found helpful information from several years back, to the very recent.

Utilizing search also serves the purpose of seeing who is offering you advice. If it's someone who hasn't had a case tried in California (and they've never lived here)....you probably want to keep that in mind when considering if they can actually help w/your case or not. If someone was successful w/a case in California, then they are probably a good source of advice. ;)

Most here have the best intentions and want to help.

Most.

But the internet is a weird place, and the anonymity of it does bizarre things to some people. There are those that offer advice for no other reason than they enjoy "seeming like an authority." It's your case, so it's up to you to evaluate the advice you are given. What I've stated above is a pretty simple way of sorting through the different advice you may be offered. Has the person ever successfully navigated and won a case in your state?

:mrgreen:

Edited by tigger

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READ: Bill of Particulars Valueable Lawsuit Tool for Defendant

1) File your Answer to Complaint.

2) A few days later send request for BOP only if the complaint’s CAUSE OF ACTION is breach of contract/common counts. Send it USPS with CMRR /include Proof Of Service. Your BOP does NOT need to be on pleading paper.

For a list of items that need not filed with the court, go to Title Three Rules

STRATEGY: Send your first BOP ASAP so you can complain about the

insufficient response in your Meet & Confer statement.

CA Codes (ccp:452-465)

You have to show the courts that you tried to resolve any disputes thru meet and confer letters. If that doesn't get resolved...then you file a motion to compel further bop. If the other side defies the court order then you can file a motion to preclude prior to trial or file a mil at the threshold of trial. So, you may need to send a second request for BOP if no timely response OR if the JDB's response is insufficient.

If all else fails,consider filling a Motion to Compel.

See this thread- Motion to Compel...- by calawyer:

http://www.creditinfocenter.com/forums/there-lawyer-house/309078-motions-compel-bop-vs-written-discovery-cal.html

3) Send Meet & Confer (more than 1 often needed).

4) Attend Settlement Conference and reject settlement offer.

5) Respond to JDB Request for Admissions, Documents, and Interrogatives

6) Attend Case Management Conference and select trial dates.

7. Read CCP 96: CA Codes (ccp:90-100)

8. Send CCP 96 request in the timeframe described in the rule. Here is a form: http://www.courts.ca.gov/documents/disc015.pdf

9. If you receive a CCP 98 declaration, read CCP 98 (see link above). Have the Court issue a subpoena and have the subpoena served on the witness at the address listed in the declaration.

10. Read my posts on how to deal with the CCP 98 witness at trial (motion in limine).

11. Become familiar with California's hearsay rule and its exceptions. Also, you should

understand the concepts of personal knowledge (pretty easy) and authentication of documents. Prepare yourself to use these objections at trial. If you don't, you waive them.

___________________________

Your Discovery needs to be timely.

Request Admissions

Request Special Interrogatories

Request (POD)

STRATEGY: If Plaintiff has answered you Request for BOP, you may want to use it to craft your discovery.A good thread about strategy: http://www.creditinfocenter.com/forums/there-lawyer-house/303360-strategy-pros-chime.html

I’m not an attorney and the above clearly needs some direction and correction.

You are invited to comment, correct, and/or suggest improvements.

Edited by CALIF Dreamer
more info

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Which States Allow the Use of a Bill of Particulars?

State Statute

California Code of Civil Procedure section 454

New York City CIvil Court CPLR 304

Delaware BILL OF PARTICULARS – CIVIL RULE 26

Illinois Compiled Statutes 735 ILCS 5 Code of Civil Procedure. Section 2-607

Virginia Commonwealth of Virginia Rule 7B:2

Georgia The Code provides in 81-105, inter alia, "In suits on accounts a bill of particulars should be attached."

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8. Read CCP 96: CA Codes (ccp:90-100)

9. Send CCP 96 request in the timeframe described in the rule. Here is a form: http://www.courts.ca.gov/documents/disc015.pdf

10. If you receive a CCP 98 declaration, read CCP 98 (see link above). Have the Court issue a subpoena and have the subpoena served on the witness at the address listed in the declaration.

11. Read my posts on how to deal with the CCP 98 witness at trial (motion in limine).

12. Becaome familiar with California's hearsay rule and its exceptions. Also, you should understand the concepts of personal knowledge (pretty easy) and authentication of documents. Prepare yourself to use these objections at trial. If you don't, you waive them.

Exactly the answers to my questions on my post...goodie!!!

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The BOP is not filed with the court. You serve it on the plaintiff by having a third person mail it for you. That person also signs the proof of service.

It's best if you send it CMRRR, so the plaintiff cannot claim they never received it.

Good luck.

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The BOP is not filed with the court. You serve it on the plaintiff by having a third person mail it for you. That person also signs the proof of service.

It's best if you send it CMRRR, so the plaintiff cannot claim they never received it.

Good luck.

thanks rte. but where can i obtain the proof of service. I apologize for the newbie questions

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