helppp

[soyelmismotony]

friend of mine got a summons, answers on time by denying everything in California.

oc bank of america

cach llc collector suing

attorney mandarich law group

original amount around 2000.

they file complaint breach of contract and some counts

friend file on time the answer denied. also she filed motion to strike. rookie mistake since motion to strike has to be done before answering the complaint.

right after being served she ask for debt verification she can use Heintz v Jenkis 514 us 291 united states supreme court 1995. as a defense.

the suing party acknowledge receiving the debt verification since they submitted as evidence back their case on opposition to motion to strike. eventually motion to strike for my friend was denied because she filed after she had answer.

motion to strike denied.

they send her special interrogatories admissions and produce documents. she answer them and fire back with her own special interrogatories, set of admissions, and bill of particulars the last one they said it was irrelevant and they did not answer but they answer the other two. need help with offer to confer.

also she need to know when or how to summit affirmative defense can she amend the answer or she just go to trial on January appointment for case management. and lay down her cards.

plaintiff cach llc and their set of admission admit not having a written agreement that was signed defendant.

on complaint they stated that bofa assigned the debt to them on admissions they admitted to purchase the debt but in complaint they stated bofa is the assignor and they are the assignee. meaning bofa is the owner of the account. well well well if they admitted to purchase debt. bofa no longer has control of the account by accepting payment from third parties accord and satisfaction defense here. cach llc lied misrepresented here false statement what else?

they admitted that their investigation is not complete that they do not have original contract.

they admitted not to have custody or possession of the original contract or in plaintiff's control.

no contract between cach and bofa, no contract between cach and my friend, no contract between my friend and bofa I see noting but lack of privity. they say such item should be in possession of defendant. i think

that cach has no fiduciary duty here.

they admitted to purchase the defaulted account that barred them from seeking relief for damages the cause their own actions and failed to valid assignment. they mention alleged agreement a clear violation of parole evidence rule. other that saying you owe money they failed to state a claim.

admission 23 talks about if oc knows of this action which they reply oc dose not require any notice or knowledge of this action

affirmative defense. plaintiffs complaint failed to allege that the assignor even has knowledge of this action or that the assignor has conveyed all rights and control to plaintiff's the record does not disclose this information and it cannot be assumed with out creating an unfair prejudice against my friend

complaint stated that oc bofa is the assignor and that cach is the assignee.

i kind of have an idea how to help her but since i never done this . do not know where to start

[soyelmismotony]

they already file a complaint but when is time for my friend to ask for documents they respond they are not done investigating the case. bull. they don want to share their documents. my friend should have the contract or agreement terms. whats next that the ducks carry the bullets for the hunter.

[soyelmismotony]

i already got all her affirmative defenses but do not know where to put them by amending her answer or there is a special form. one more think we just notice the account they are talking about is not the same as the one it shows on her credit report at this point I do not know if that helps her or not