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quagga

Summons from PRA in California - Plantiff response to RFP

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Hello again all. I wanted to post a update with my battle with PRA/LRLO in California. Also if anyone could chime in, any help would be greatly appreciated.

Here are my two previous posts for details but I'll give a summary as well.

Original Post with Summons (Part 1)

http://www.creditinfocenter.com/forums/there-lawyer-house/314322-summons-pra-california.html

Discovery Questions Response to Plaintiff (Part2)

http://www.creditinfocenter.com/forums/there-lawyer-house/315648-help-discovery-answers-california.html

Summary

-PLD-050 General Denial Response Sent

-BOP Sent

-BOP Denied due to Account Stated

-Meet and Confer Letter Sent for BOP

-Plaintiff Request Discovery

-Defendant Responds to Discovery(see post)

-Defendant Sends Request for Production of Documents

-Plaintiff Responds to Request for Production albeit insufficiently

Plaintiff basically objects to every RFP(shown below) and sends me a Bill of sale from the OC which does not show my name nor the alleged account. And a copy of a "Consumer Credit Card Customer Agreement & Disclosure Statement" None of which is signed by me.

So this is where I am currently with my lawsuit. I am under the impression I will have to send a Meet and Confer Letter first for a insufficiently answered RFP. Then I would do a Motion to Compel if they continue to be uncooperative. Any advice would be appreciated

Thanks again

quagga

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Request for Production No.1

The Original signed application establishing account

Response to Request No.1

Plaintiff objects to the request on the grounds it is overbroad and burdensome. Plaintiff further objects to the request to the extent that it calls for information that is irrelevant, immaterial, and not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff further objects to the form of the question as vague and ambiguous. Plaintiff further objects on the grounds the propounding party has or had equal opportunity to retain said documents.

Request for Production No.2

Charge slips bearing defendant's signature which establishes use of the account.

Response to Request No.2

Plaintiff objects to the request to the extent it is repetitive, overlapping, and duplicative of request for production number 1. Plaintiff further objects to the request to the extent it calls for information that is irrelevant, immaterial, and no reasonably calculated to lead to the discovery of admissible evidence. Plaintiff further objects on the grounds the propounding party has or had equal opportunity to retain said documents. Plaintiff further objects to the request on the grounds it is overbroad and burdensome.

Request for Production No. 3

The original written agreement in which defendant allegedly assented to the terms of the account

Response to Request No. 3

Plaintiff objects to the request to the extent it is repetitive, overlapping, and duplicative of request for production number 1 and 2. Plaintiff further objects on the grounds the propounding party has or had equal opportunity to retain said documents. Plaintiff further objects to the request on the grounds it is overbroad and burdensome. Plaintiff further objects to the request to the extent it calls for information that is irrelevant, immaterial, and no reasonably calculated to lead to the discovery of admissible evidence.

Request for Production No. 4

A complete history of the account from day one, establishing the legitimacy of balance sought.

Response to Request No. 4

Plaintiff objects to the request on grounds it is overbroad and burdensome and not limited in time or scope. Plaintiff further objects to the request on the grounds it is vague and ambiguous. Plaintiff further objects to the request to the extent it calls for information that is irrelevant, immaterial, and no reasonably calculated to lead to the discovery of admissible evidence. Plaintiff further objects on the grounds the propounding party has or had equal opportunity to retain said documents.

Request for Production No. 5

Any document setting forth the choice of law provision

Response to Request No 5

Plaintiff objects to the request on the grounds it is overbroad and burdensome. Plaintiff further objects on the grounds the propounding party has or had equal opportunity to retain said documents. Plaintiff further objects to the request on the grounds it is vague and ambiguous.

Request for Production No. 6

Any document plaintiff intends to introduce at trial which establishes the exact day the subject went into default.

Response to Request No. 6

Plaintiff objects to the request on the grounds it is vague and ambiguous and overbroad and burdensome. Plaintiff further objects on the grounds the propounding party has or had equal opportunity to retain said documents. Plaintiff further objects on the grounds the request is premature as no trial date has been set.

Request for Production No. 7

Any document produced by plaintiff in normal course of business which states and defines the exact statues the choice of law provision seeks to enforce.

Response to Request No. 7

Plaintiff objects to the request on the grounds it is vague and ambiguous.

Plaintiff further objects to the request on the grounds it is overbroad and burdensome. Plaintiff further objects on the grounds the propounding party has or had equal opportunity to retain said documents. Plaintiff further objects to the extent it calls for the mental impressions and/or legal conclusions of its attorneys.

Request for Production No. 8

Any recording, or transcript of any recording, of telephone calls in which defendant discusses alleged owed amount.

Response to Request No. 8

Plaintiff objects to the request to the extent it calls for information that is irrelevant, immaterial, and no reasonably calculated to lead to the discovery of admissible evidence. Plaintiff further objects on the grounds the propounding party has or had equal opportunity to retain said documents. Plaintiff further objects to the Discovery Request to the extent that any Request may be construed as seeking the disclosure of confidential, commercial and/or proprietary information or trade secrets.

Request for Production No. 9

Any canceled check or copies of canceled checks, or other verified payments on the account plaintiff intends to introduce at trial.

Response to Request No. 9

Plaintiff objects to the request as premature as no trial date has currently been set. Plaintiff further objects on the grounds the propounding party has or had equal opportunity to retain said documents. Plaintiff further objects to the request to the extent it calls for information that is irrelevant, immaterial, and no reasonably calculated to lead to the discovery of admissible evidence. Plaintiff further objects to the request on the grounds it is overbroad and burdensome.

Request for Production No. 10

Proof of mailing of monthly statements.

Response to Request No. 10

Plaintiff objects to the request to the extent it calls for information that is irrelevant, immaterial, and no reasonably calculated to lead to the discovery of admissible evidence. Plaintiff further objects to the request on the grounds it is overbroad and burdensome. Plaintiff further objects on the grounds the propounding party has or had equal opportunity to retain said documents.

Request for Production No. 11

Any documents evidencing that the defendant retained monthly statements for an unreasonable amount of time.

Response to Request No. 11

Plaintiff objects to the request on the grounds it is overbroad and burdensome. Plaintiff further objects to the request on the grounds it is vague and ambiguous. Plaintiff further objects to the request to the extent it calls for information that is irrelevant, immaterial, and no reasonably calculated to lead to the discovery of admissible evidence.

Request for Production No. 12

Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

Response for Request No. 12

Plaintiff objects to the request on the grounds it is vague and ambiguous and overbroad and burdensome and not limited in time or scope. Plaintiff further objects to the request to the extent it calls for information that is irrelevant, immaterial, and no reasonably calculated to lead to the discovery of admissible evidence.

Request for Production No. 13

Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

Response for Request No. 13

Plaintiff objects to the request on the grounds it is vague and ambiguous. Plaintiff further objects to the request to the extent it calls for information that is irrelevant, immaterial, and no reasonably calculated to lead to the discovery of admissible evidence. Plaintiff objects to the request on the grounds it is overbroad and burdensome and not limited in time or scope. Plaintiff further objects to the Discovery Request to the extent that any Request may be construed as seeking the disclosure of confidential, commercial and/or proprietary information or trade secrets.

Edited by quagga

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