CA, Asset Acceptance, Open Acct & Acct Stated, ?'s about Discovery...

[ReadytoWininCA]

*Adding 1/3/2013 Case Dismissed w/o Prejudice. All docs sent to Plaintiff posted at the end of my thread, but feel free to read through the drama of getting to that dismissal, ups & downs included for your enjoyment! ReadytoWininCA (I did win & you can too!)* Good luck!

 

Hi all, I'm new here obviously & just want to say that this forum is awesome! I want to thank all of the newbies that come for help & all of the regulars who are so excellent about helping us. I've learned so much & know for sure I'm on the right track after so many hours of reading. But of course, some of the discovery makes me extremely anxious & I want to make sure I don't screw up my responses to the JDBs discovery after a good start! I'm also hoping this thread can help others like me in Southern California, I'm willing to share the journey with all. Warning, this is a pretty long introduction.

Let me begin with the standard introduction questions:

1. Who is the named plaintiff in the suit? Asset Acceptance

2. What is the name of the law firm handling the suit? A law group in Walnut Creek, CA

3. How much are you being sued for? Several grand over $10k

4. Who is the original creditor? Citibank

5. How do you know you are being sued? Substitute service to owner of home I live in.

6. How were you served? (Mail, In person, Notice on door) In Person

7. Was the service legal as required by your state? Yes

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? CA, County: Los Angeles

10. When is the last time you paid on this account? 5/08

11. What is the SOL on the debt? 4 years. They made it by 34 days.

12. What is the status of your case? Have answered, received Form Interrogatories, Special Interrogatories, & Admissions from Plaintiff. Will be sending BOP 8/15. Case Mgmt. scheduled Oct 2012

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

14. Did you request debt validation before the suit was filed? No

15. How long do you have to respond to the suit? I had 30 days, filed w/ court on the 29th day, sent Law group their copy & POS. Now I have 1 week to mail my answers to their Discovery. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, no exhibits.

I want to give as much info as possible to anyone willing to help me figure this out, so as an FYI:

I typed up my answer on pleading paper w/ the help of this forum, I'm going for standing, but not telling them (thank you Coltfan!) and in my answer, I denied both generally & specifically each, every, and all of the allegations contained in said unverified complaint & denied that Plaintiff had sustained damages in the sum or sums alleged, or in any sum or sums, or at all.
And used these Affirmative Defenses in the answer:
1) That neither the unverified Complaint nor any cause of action in the Complaint states facts sufficient to state a cause of action or claim against this answering Defendant.

2) Answering Defendant has had No Prior Course of Dealing with Plaintiff sufficient, or at all, to support this action or certain causes of action therein.

3) Answering Defendant has had no meeting of the minds or agreement as to the amount, if any, due and owed under the parties’ agreement, if any, sufficient to support this action or certain causes of action therein.

4) That as Plaintiffs’ unverified Complaint on file herein is set forth in conclusionary terms, this answering Defendant cannot fully anticipate all affirmative defenses and/or immunities that may be applicable to the within action. Accordingly, the right to assert additional affirmative defenses and/or immunities, if and to the extent that such affirmative defenses and immunities are applicable, is hereby reserved.

I'm not sure why I waited so long to get a BOP finished (or send it for that matter, doing that tomorrow) but this is what that looks like (on pleading paper w/ the titles & case # etc):

TO PLAINTIFF, Asset Acceptance, LLC, AND THEIR ATTORNEYS OF RECORD HEREIN X & X Law Group: DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant, within ten days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for open book account of plaintiff's complaint is based; including the date of each item or transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item or transaction, and all payments, interest
charges, fees, or credits that have been made to the account. Please also provide a copy of any agreement assigning the account at issue to the Plaintiff, any contract between defendant and plaintiff relating to the account in question, and a copy of the agreement that was executed in the county of Los Angeles referred to in the original unverified complaint.

I added that last statement as Calawyer (THANK YOU!!) suggested I could in a thread I found on this forum.

If you see a problem with any of the above, please let me know! I should also say that on my current credit report AA is listed & the year the account was created was 1997 (I was a resident of Texas then & I hope that matters down the road, but I don't know if it does)

Since I'm sending the BOP tomorrow w/ POS, I'm spending this week finishing my responses to their Discovery (I need to mail it to them by Tuesday 8/21, but Monday would be better) & then I'll start on what I should be requesting in terms of Discovery to them. After the BOP, I like the idea of Admissions A LOT!

Ok, if any of you are still awake I have several questions about all sorts of things, but I'll start with the ones that are causing me to wake up at 4 am! Any suggestions would be immensely appreciated!

They used form interrogatories (Limited Civil - Economic Litigation) and under the "Contract" section they are asking 4 questions (keeping in mind that they attached nothing to the complaint - my brain keeps saying "What agreement or contract & erf?" and I know that isn't the answer I need to put here:

150.8 #10 Identify each agreement excused and state why performance was excused.

150.9 #11 Identify each agreement terminated by mutual agreement and state why it was terminated, including dates.

150.10 #12 Identify each unenforceable agreement and state the facts upon which your answer is based.

150.11 #13 Identify each ambiguous agreement and state the facts upon which your answer is based.

Also:

Definition INCIDENT: includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding. I'm assuming the INCIDENT is the alleged injury to the OC when someone stopped paying on this credit card account.

112.4 Identify each document or photograph that describes or depicts any place, object, or individual concerning the INCIDENT or Plaintiff’s injuries, or attach a copy. (if you do not attach a copy, state the name, ADDRESS, and telephone number of each PERSON who had the original document or photograph or copy.)
What are they talking about? and my answer: No such document or individual exists?

114.1 If you contend that any PERSON involved in the INCIDENT violated any statute, ordinance, or regulation and that the violation was a cause of the INCIDENT, identify each PERSON and the statute, ordinance, or regulation.
my answer: I never contended anything about the above, but how do I word that or is there a better answer?

They also sent Special Interrogatories (2) and Admissions (9 alarming questions) that I have questions about, but how about I start with the above. Are the contract questions supposed to be totally ridiculous, I mean its a JDB, I don't have a contract with them, and they didn't supply the contract I allegedly had with the OC.

Thank you very much in advance for your time reading this & for any suggestions you may have!

I'm going to go read the Code of Civil Procedure for Discovery, good times!

[calawyer]

Welcome. Sounds like you are well on your way already. If you are not aware of the existence of an agreement, consider the following:

150.8 #10 Identify each agreement excused and state why performance was excused.

Defendant objects to this interrogatory on the ground that it is vague and ambiguous in its use of the term "agreement". Without waiving such objection, Defendant responds that [she] is unaware of the existence of any agreement as [she] understands that word is used in this interrogatory. Therefore defendant cannot identify any agreement excused or state why performance was excused. Defendant has propounded discovery upon plaintiff seeking production of any agreement referred to in the complaint and reserves the right to supplement [her] answer to this interrogatory following any production by plaintiff.

150.9 #11 Identify each agreement terminated by mutual agreement and state why it was terminated, including dates.

Defendant objects to this interrogatory on the ground that it is vague and ambiguous in its use of the term "agreement". Without waiving such objection, Defendant responds that [she] is unaware of the existence of any agreement as [she] understands that word is used in this interrogatory. Therefore defendant cannot identify any agreement terminated by mutual agreement or state why it was terminated. Defendant has propounded discovery upon plaintiff seeking production of any agreement referred to in the complaint and reserves the right to supplement [her] answer to this interrogatory following any production by plaintiff.

150.10 #12 Identify each unenforceable agreement and state the facts upon which your answer is based.

you get the idea

150.11 #13 Identify each ambiguous agreement and state the facts upon which your answer is based.

same

For 112.4, you might consider something like the following:

Defendant objects to this interrogatory on the ground that it is vague and ambiguous in its use of the term "Incident" as applied to the facts alleged in the complaint. Without waiving such objection, defendant responds that she is presently unaware of the existence of any such photograph or document.

For 114.1:

Defendant objects to this interrogatory on the ground that it is vague and ambiguous in its use of the term "Incident" as applied to the facts alleged in the complaint. Without waiving such objection, defendant responds that [she] is presently unaware of the violation of any statute, ordinance, or regulation relating to the incident as [she] understands the use of that term in this interrogatory.

Good luck.

[ReadytoWininCA]

Wow, that was a really fast reply, thank you calawyer!

I would not have been able to come up with those responses on my own for sure! Plus it really helps me to remember where my brain needs to be - I don't have any documentation about a credit card with Citibank & they have provided nothing to jog my memory and they've definitely proven nothing.

My brain is numb tonight, but I would really appreciate if you could check back on my thread at your convenience, I'm going to post my questions about the Special rogs & Admissions tomorrow, but actually your help tonight makes those much less scary. Hope you have a great evening!

Edited August 15, 2012 by ReadytoWininCA

[ladyhunter]

You sound as if you already have a great deal of determination and persistence. That will beat Asset! Just keep pushing; they will cave.

They will huff and puff and bow out their chest at you. Simply stand firm and keep pushing. You will be fine.

[ReadytoWininCA]

Thank you ladyhunter for the encouragement, I really appreciate & need it!

I'm "lucky" enough to be unemployed so I can focus mostly on this for now & I've been reading this forum for a month, going to the library (how cool is the library?) and just trying to learn (and retain) as much as possible. Frankly, I still feel pretty squeamish, but I know I can ask my questions here & really awesome people will help me, that takes away a lot of my fear!

I'm going to post the admissions & special interrogatories the Plaintiff is requesting (they are confusing!) in a few hours, would love it if you have a chance, to see if you can add your 2 cents! Thanks!

[helpme]

You came to the right place. The people here are great and sooooo very helpful, especially when you have calawyer, seadragon, adsoft, 1ststep, coltfan, legaleagle just to name a few on your side to help you to understand and win your case.

Be organized. Have a calendar and write everything down on this calendar. When you received things from the other side, when you sent things to them (like BOP) and when you're suppose to get a reply back (like your discovery).

Send everything cmrr. Familiarize yourself with your local rules of court and California Civil Code of Procedure. You might want to start with the California Jury's instructions. This will help you to understand what the Plaintiff has to prove on their part. There is a link somewhere on this forum. Learn and understand CCP 454 (BOP).

Never assume that when the JDB cites a case law that its correct. Read it yourself and understand it. Especially since you can go to the law library.

I won my case against the JDB. I too spent lots of time in the library. I researched BOP, Assignments, Contracts, Discovery (Admission, Interrogatory and Production of Documents), I read Civil Procedure Before Trial, Read Evidence Rule.

This is just for starters..again welcome

[ReadytoWininCA]

Helpme, thank you very much for the welcome & the excellent advice, I really appreciate it. I would definitely add yourself to that list of superstars on this forum! I have the calendar, lots of the books, but I haven't read much case law at all and I don't know if that is hurting me or not, but maybe that's what I do after I respond to their discovery?

I'm going to make sure I read everything that you suggested, its so much to retain right? I feel like I"ll be going into court with a bag full of index cards and post-it flags! Did you go all the way to trial or did they dismiss your case after you showed them that you would fight? Thank you again!

[helpme]

Did you go all the way to trial or did they dismiss your case after you showed them that you would fight? Thank you again!

No problem. Just glad to help since people here helped me. They dismissed. I knew what they didn't have when I sent my BOP. Sent a lot of meet and confer letters just on BOP because it was a matter of law, then after 3 mos after I saw what they didn't have I sent small chunks of discovery, filed my mtc BOP and that tripped them up. They missed their deadlines for my discoveries since i sent them in intervals not all at the same time, freaked out about mtc because court's website didn't say whether mtc was for BOP or for discoveries and they dismissed w/o prejudice. All in about 4 mos.

So if you learn CCP 454 inside and out use it to your advantage but don't rely on it, move on to discovery.

Btw- Before you send a ton of discovery read calawyer's motion to comepl bop vs discovery. A lot of information in this write up that's why I sent mine in chunks and at intervals...so that I didn't have a lot of work when they responded with objections.

Here's some good reading for starters:

LexisNexis: Defense of Assigned Consumer Debts: http://www.courts.ca.gov/partners/documents/2011SRL5eRooney.pdf

California Civil Jury Instructions:http://www.courts.ca.gov/partners/documents/2011_Edition.pdf

Read Meli's thread on steps to fight JDB just so you know where you are in the game...

[ReadytoWininCA]

Oh fantastic, thank you for the additional information about your case, strategy and for the links! That sounds like an excellent strategy sending your discovery out in drips & drabs - apparently you needed to tell your Plaintiff to have a calendar too - I like the idea & will definitely read & try to retain the calawyer mtc for bop, I know that I will have to compel, they are definitely trying to trip me up to prove their weak case!

I think the reason that I feel stumped by the requests they've made for discovery is that they have sent nothing to me, nothing. I wish I had sent my BOP when I sent my answer so I'd know more of what they think they have, but hindsight is 20/20 - thank goodness for this forum & members like you! Going to post some questions about admissions now, thank you again!

[ReadytoWininCA]

Hi again, I'm going to post the actual Special rogs & Admissions from the Plaintiff first & then ask my questions:

ADMISSIONS – ATTACHMENT 1

1. That you had a credit card account with CITIBANK account number XXXX XXXX XXXX XXXX (the “ACCOUNT”).

2. That you received the disclosure statement of the terms and conditions of your ACCOUNT.

3. That you made various purchases with your ACCOUNT after receiving the disclosure statement.

4. That you did not report the credit card issued to you on your ACCOUNT lost or stolen

5. That you received monthly statements showing credits and debits to your ACCOUNT.

6. That you did not dispute the statements showing the credits and debits to your ACCOUNT.

7. That there is an outstanding unpaid balance on your ACCOUNT.

8. That a payment was made to the ACCOUNT within the four years prior to the filing of the complaint.

9. That the unpaid principal balance on your ACCOUNT is $XXXXX.XX.

SPECIAL INTERROGATORY NO 1:

If you contend that you do not owe the full amount claimed in plaintiff’s complaint, state how much you acknowledge owing. (SERIOUSLY?)

SPECIAL INTERROGATORY NO 2:

If YOUR response to any of the requests for admissions served concurrently herewith was anything but an unqualified affirmation, please state in detail the factual basis for each of said responses.

----------------

Background, I'm being honest here. I know I had an account with Citibank. I also had a mortgage with Citibank. That mortgage was foreclosed on in 2008. In May of that year I decided that with a foreclosure on my credit report, unsecured credit card debt was the least of my problems & stopped paying on all after my May payments. I did what I had to do to survive, period.

So, that's why I know that any credit card that I had was defaulted on in May of 2008.

So, with no proof from either side. I know I will be denying or objecting to the #1 Admission, and that since every other admission is based on #1 that should make answering the last 8 questions easier, but I don't know how to answer PROPERLY. My brain thinks, since we have not established that this is my account, I can't really answer any of your stupid questions, but that's probably not going to make a judge happy, it doesn't make me happy either.

And then, to make matters worse, the 2nd Special Interrogatory question wants me to explain each answer if I'm not saying Admit. I don't even know how to format (on the pleading paper) these answers for Special Rogs. And I know that admissions are special, that I'm supposed to not just DENY each one, but what is my objection? You have not shown me a shred of evidence that would show me that this account is mine?

Or even if they had, they haven't shown me a shred of evidence that would allow them to collect from me like they were Citibank, and who even knows if this is the actual account I let go. Clearly Citibank didn't think suing was worth it and they got my house!

Ugh. My brain has churned this one around for 2 weeks & now I'm rubbing up against the deadline, does anyone have any suggestions to get my thoughts moving in the right direction?

Sorry for being so wordy, just want anyone taking the time to read to have the information I have, any help would be greatly appreciated! Thank you.

Edited August 22, 2012 by ReadytoWininCA
just taking out some numbers next to the first 3 admissions, I was counting for the rule of 35, lol!

[ReadytoWininCA]

I found a thread where BrunotheJDBkiller & coltfan1972 recently were writing about answering what is asked in the Admissions & Interrogatories, rather than trying to answer what you know they meant to ask.

So, they were giving advice & saying that if you cannot honestly admit to something because you do not have the answer, then you should just put DENY on each and every Admission that they asked. I'm simplifying but that is the jist. I can't answer the first admission except with DENY and that makes the rest of the questions a DENY, right? 1., 2., 3., etc DENY

Then with the Special Interrogatories telling me to expound on my admission denials. is that where I would put you've sent me nothing that could help me to determine that this account is mine & further, I have nothing that would do same?

Please any suggestions would be greatly appreciated! Thank you!

Edited August 15, 2012 by ReadytoWininCA
Realized I should just call the courthouse & find out (overthinking much?)

[helpme]

Hey ReadytoWininCA

Check out 1111girl's thread on how to respond. http://www.creditinfocenter.com/forums/there-lawyer-house/307271-help-answering-discovery-stay-home-mom-sued-cach-llc-california.html

If you're still having problems post here and someone will chime in....

[ReadytoWininCA]

You're awesome! I thought I'd read a lot on this forum, but I did manage to miss her post, I'm going to read it now! Thanks!

I started reading and apparently I need to get better at searching this forum, the case you said to read is perfect, also it makes me feel like others also get no documentation with their cases, hadn't really read one like that. Thank you so much, I feel 10 lbs lighter already!

Oh wow, between you & Calawyer you have officially saved my butt. I can't tell you how much I appreciate it - her post (and she's being helped by calawyer!) is EXACTLY what I needed to read to get my mojo back THANK YOU SINCERELY!

Edited August 15, 2012 by ReadytoWininCA
Adding a little to this post...

[calawyer]

Hey ReadytoWininCA

Check out 1111girl's thread on how to respond. http://www.creditinfocenter.com/forums/there-lawyer-house/307271-help-answering-discovery-stay-home-mom-sued-cach-llc-california.html

If you're still having problems post here and someone will chime in....

I was just going to suggest this link. Sounds like the perfect strategy for this discovery.

[ReadytoWininCA]

I was just gushing all over helpme for the link, sincerely thank you for all of the help you give us in California, it actually brings tears to my eyes.

That link is exactly what I needed. I don't want to just know what to copy & paste you know? I want to be able to stand in the courtroom & be able to actually defend my position with feeling & knowledge..lol...this really helps!

My only regret is not sending that BOP like last month. And my bf forgot to take it today, so I'll be sending it tomorrow. Thank you again, I'm sure I'm not done with questions, but in terms of answering their discovery, I'm pretty sure I"m good! YAY!

[calawyer]

I was just gushing all over helpme for the link, sincerely thank you for all of the help you give us in California, it actually brings tears to my eyes.

That link is exactly what I needed. I don't want to just know what to copy & paste you know? I want to be able to stand in the courtroom & be able to actually defend my position with feeling & knowledge..lol...this really helps!

My only regret is not sending that BOP like last month. And my bf forgot to take it today, so I'll be sending it tomorrow. Thank you again, I'm sure I'm not done with questions, but in terms of answering their discovery, I'm pretty sure I"m good! YAY!

Remember, you won't have to stand up in Court and defend your answers unless plaintiff files a motion to compel. Discovery responses are not filed with the Court and if plaintiff does not file a motion to compel, no Judge will hear them complain about a given answer.

And before plaintiff files a motion to compel it must first meet and confer with you. You can evaluate plaintiff's position. If you think plaintiff is correct, you can agree to supplement your responses. If not, tell them to file a motion. Maybe they will and maybe they won't.

So relax a bit, put together what you are able to given the limited information in the complaint. And tell your bf to mail that BOP or else!

[ReadytoWininCA]

I've been reading for 7 weeks now & I didn't know any of that (except the part about not sending Discovery to the court) WHEW!..thank you, I won't forget.

And I just finished reading that link in its entirety, wow, too good for words! And I shouldn't have written it like that, "I" FORGOT to give my bf the BOP to send today, so my very bad, I've put it next to where he charges his phone so it will definitely be mailed tomorrow.

Do you ever sleep? - I'm thinking there's an amazon gift card in your future, I'm sure others have felt that way, like I want to bake you a cake, HA HA! BIG HUG, thank you!! I'm off to read your Motion to Compel vs Written discovery that helpme suggested!

Edited August 15, 2012 by ReadytoWininCA

[ReadytoWininCA]

Hi all,

So, I am responding to the Plaintiffs' request for form interrogatories, specially prepared interrogatories & admissions (listed above) and I'm almost done because of all of your fantastic help (yay!).

Question 1: After the title page with the case information, is it ok to include this in each of the documents? I have it as the 2nd page for each document & I really like it :

It should be noted that this responding party has not fully completed her investigation of the facts relating to this case, has not fully completed her discovery in this action and has not completed her preparation for trial.

All of the answers contained herein are based solely on such information and documents which are presently available and specifically known to this responding party and disclose only those contentions which presently occur to such responding party.

It is anticipated that further discovery, investigation, legal research and analysis will supply additional facts, add meaning to the known facts, and perhaps establish entirely new factual conclusions and legal contentions, all of which may lead to additions, changes in and variations from the contentions herein set forth. The following interrogatory responses are given without prejudice to responding parties’ right to produce evidence of any subsequently discovered fact(s) which this responding party may later recall.

Responding party accordingly reserves the right to change any and all answers herein as additional facts are ascertained, analyses are made, and legal research is completed and contentions are made. The answers contained herein are made in a good faith effort to supply as much factual information and as much specification of legal contentions as is presently known, but should in no way be to the prejudice of Defendant in relation to further discovery, research or analysis.

I then go on in the 3rd page of each document to answer their questions (the above takes up one full page).

Question 2: is this "Verification" proper at the end of each of the 3 docs?:

I, [my full name], am the Defendant in the aforementioned action. I have read the foregoing [DOCUMENT NAME] and know the contents thereof. The same is true to my knowledge, except as to those matters which are stated on information and belief, and as to those matters I believe them to be true.

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

Has Printed Name Here Signed Name Here

Just want to make sure I'm doing this right, any suggestions or approval of the above would be MUCH APPRECIATED! Hoping to actually send these Saturday so I can be sure I make it within the 30 days (I received their Discovery on July 20th - though they didn't send theirs certified so they don't know that.) Thank you for your time!

[calawyer]

You can use the preamble if you want to but it doesn't really have any effect. The rules about doing a supplemental response are in the code: See, e.g., CCP 2030.210: CA Codes (ccp:2030.210-2030.310)

Your verification is fine.

You should also get an extra 5 days to respond if the interrogatories were served by mail. See, CCP 1013(a): CA Codes (ccp:1010-1020)

[ReadytoWininCA]

Hi calawyer,

Thank you for the information about the preamble, I'll read the CCP 2030.210 (again!) I thought it might cover my a$$ if I screwed up answering, but I'll nix it if its just wasting paper!

And yes, all of the discovery came in the same envelope. They didn't send theirs certified or return receipt, just normal 1st Class mail. Their POS shows 7/17, so I'll count from 7/18 like you said, 30 days plus 5 for mailing. But I'm DEFINITELY mailing my responses Monday by 1st Class mail, it takes 3 days to get to them.

As you could probably tell I woke up freaking out about the date due, very good thing I had someone knowledgeable to ask! Thank you sincerely!

[calawyer]

Hi calawyer,

Thank you for the information about the preamble, I'll read the CCP 2030.210 (again!) I thought it might cover my a$$ if I screwed up answering, but I'll nix it if its just wasting paper!

And yes, all of the discovery came in the same envelope. They didn't send theirs certified or return receipt, just normal 1st Class mail. Their POS shows 7/17, so I'll count from 7/18 like you said, 30 days plus 5 for mailing. But I'm DEFINITELY mailing my responses Monday by 1st Class mail, it takes 3 days to get to them.

As you could probably tell I woke up freaking out about the date due, very good thing I had someone knowledgeable to ask! Thank you sincerely!

No problem. Sleep well tonight!

[ReadytoWininCA]

Hi all,

Well today was the deadline for the lawyers to respond to my Bill of Particulars request.

In the mailbox I was surprised to have found a response from the lawyers.

Their letter: "Please find enclosed with this letter a copy of the Request for Dismissal of Action without Prejudice as to Cause of Action One of the Complaint for Money at dispute. Accordingly, your request to provide a Bill of Particulars is not required where a complaint for an account is stated."

So now I guess they are just suing me for Account Stated.

I sent my answers to their discovery questions back on 8/20. Most of my answers to their admissions, etc were "I can't admit because of a lack of factual information", so now I am completely confused as to what my next steps should be. Well, actually I'm pretty sure I now need to do my own discovery, the start of 35 well thought out questions. Still, I have nothing from them to go on. My name, address, "Citibank account" and a questionable account number, and they are still pursuing this.

My Case Management Conference is set for mid-October, I know that I need to Meet and Confer 30 days before that date and send in a CMC statement 15 days before that date too but I wasn't expecting this crap & am at a loss as to how to proceed.

I would really appreciate any feedback or advice on where my brain should be heading over the weekend - I know I need to send my discovery questions soon - my problem is - what the heck should I ask based on receiving nothing from my BOP?? Please help me! Thank you very much for your time!

Edited September 3, 2012 by ReadytoWininCA

[calawyer]

Hi all,

Well today was the deadline for the lawyers to respond to my Bill of Particulars request.

In the mailbox I was surprised to have found a response from the lawyers.

Their letter: "Please find enclosed with this letter a copy of the Request for Dismissal of Action without Prejudice as to Cause of Action One of the Complaint for Money at dispute. Accordingly, your request to provide a Bill of Particulars is not required where a complaint for an account is stated."

So now I guess they are just suing me for Account Stated.

I sent my answers to their discovery questions back on 8/20. Most of my answers to their admissions, etc were "I can't admit because of a lack of factual information", so now I am completely confused as to what my next steps should be. Well, actually I'm pretty sure I now need to do my own discovery, 35 well thought out questions. Still, I have nothing from them to go on. My name, address, "Citibank account" and a questionable account number, and they are still pursuing this.

My Case Management Conference is set for mid-October, I know that I need to Meet and Confer 30 days before that date and send in a CMC statement 15 days before that date too but I wasn't expecting this crap & am at a loss as to how to proceed.

I would really appreciate any feedback or advice on where my brain should be heading over the weekend - I know I need to send my discovery questions soon - my problem is - what the heck should I ask based on receiving nothing from my BOP?? Please help me! Thank you very much for your time!

Excellent result. You have now pared down the case to one cause of action and can work on that one in discovery. For everyone that debates whether to move to compel on a BOP or just wait for trial, this is one reason to file the motion.

I suggest that you send a limited number of RFPs only. Rogs are usually a waste of time as you rarely get a helpful answer. Something like the following:

ANY APPLICATION which YOU allege the DEFENDANT used to obtain a line of credit with ORIGINAL CREDITOR.

All STATEMENTS relating to the account at issue in this lawsuit.

ALL DOCUMENTS reflecting or constituting the alleged assignment to YOU of the account at issue in this lawsuit.

I like doing a limited number of RFPs because the plaintiff looks really bad when you have to file a motion to compel. Plus it is much easier to compel a limited number of documents. Your separate statement is easy to prepare and so is the brief.

Good luck.

P.S. Words in all caps are defined terms. I'll get you some definitions later.

[ReadytoWininCA]

Well, I wrote my question, searched around a bit to see if anyone else is getting screwed like me then I started to cry, feeling terrible like this just went to hell in a hand-basket and then I saw that you had already responded to my question with a "good job" and the tears stop & the feeling of hopelessness leaves and well, thank you calawyer, thank you so much for being on this forum on a Friday night. I actually thought it was all over for me!

Ok, I'm still wanting to kick their asses & win this thing, and what you wrote is of course what I should be doing. And production of documents would be so much easier than trying to come up with a bunch of tricky questions like they did for me. I know you have posted a ton about what to ask for besides what you wrote for me, so I'll be doing a lot of reading tomorrow and try to bust this discovery out before Tuesday morning so my bf can go to the post office with them.

Is it not crazy that they are still pursuing this after showing me nothing, or is that the point and that's why I'm going to ask specifically for them to show me what they have right? Nevermind, I know that's the point.

I'll try to educate myself all day tomorrow and put a fine point on my questions, then I'll post them to make sure I'm not screwing up! Thank you for drying my tears, now I know for sure when I ask a question in desperation here that the angels are always reading, and man that feels good! Thank you, hope you have an excellent night, I will be thanks to you.

[helpme]

Hi ReadytoWininCA,

Since one of your common counts is account stated, Here's a doc req that my relative sent recently:

Please provide DOCUMENTS assented to between YOU and DEFENDANT establishing a NEW CONTRACT. (the words in ALL caps are defined below)

Definitions:

The terms "YOU" and "YOUR" shall mean Plaintiff [enter the name of the Plaintiff here] and anyone acting on [enter Plaintiff's name here} behalf, including its agents ans representatives.

The term "DEFENDANT" shall mean [enter your name here]

The term "DOCUMENTS" shall mean all "writings", as the term "writings" is defined in te Evidence code section 250, whether in draft or final, including handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication thereof, and any record thereby created, regardless of the manner in which the record is stored, including hard copies, electronic versions, and live digital format.

The term "NEW CONTRACT" shall mean the executed cotract agreement used to establish a relationship between one party to another party.

Hope this helps..