helpYoSelf Posted November 26, 2012 Report Share Posted November 26, 2012 Hello- I have been helped tremendously already by reading the posts here....I'm hoping to clear up a few questions I still have. I have responded to a lawsuit by Cach, LLC and we met for a CMC - the judge told me that I needed to file 'discovery' documents and she even went so far as to reprimand their attorney because they hadn't provided me with proof of the debt that I had verbally requested of them. So, basically the judge granted me some time (2 months and then we go back for another CMC) to request in writing the documents/proof from the attorney. What I believe I need to send is a BOP first. Is this correct? I am confused as to what interrogatories are vs the BOP and which I should send first..or do I send these simultaneously? Any and all help is appreciated! thanks in advance~ Link to comment Share on other sites More sharing options...
racecar Posted November 26, 2012 Report Share Posted November 26, 2012 http://www.creditinfocenter.com/forums/there-lawyer-house/315906-case-against-jdb-california-am-i-right-track.html Link to comment Share on other sites More sharing options...
helpme Posted November 26, 2012 Report Share Posted November 26, 2012 look at what causes of actions were filed: ie., Open Book, Account Stated, Breach of Contract etc...then look up the causes of actions in the link below. This is what the Plaintiff will have to prove..California Civil Jury Instructions: http://www.courts.ca.gov/partners/documents/2011_Edition.pdfThen in the link above posted by racecar look at post #7, that's the BOP and change the cause of action to what is appropriate to your case. This is sent on pleading paper not regular paper.regards.. Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 27, 2012 Author Report Share Posted November 27, 2012 creditinfocenter.com/forums/there-lawyer-house/315906-case-against-jdb-california-am-i-right-trackThank you! Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 27, 2012 Author Report Share Posted November 27, 2012 look at what causes of actions were filed: ie., Open Book, Account Stated, Breach of Contract etc...then look up the causes of actions in the link below. This is what the Plaintiff will have to prove..Then in the link above posted by racecar look at post #7, that's the BOP and change the cause of action to what is appropriate to your case. This is sent on pleading paper not regular paper.regards..Thanks! I found a template for pleading paper and for a BOP but what I'm not sure of is where to find the "cause of action". How do I determine which it is? Link to comment Share on other sites More sharing options...
MuteDebt Posted November 27, 2012 Report Share Posted November 27, 2012 I have a BOP and it might be on another one of my threads let me find it for you. Seadragon basically wrote it. Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 27, 2012 Author Report Share Posted November 27, 2012 Awesome! Thanks Link to comment Share on other sites More sharing options...
helpme Posted November 27, 2012 Report Share Posted November 27, 2012 Thanks! I found a template for pleading paper and for a BOP but what I'm not sure of is where to find the "cause of action". How do I determine which it is?It would be on your complaint mark as: Open Book, Breach of Contract, Money Lent, Account Stated etc... Link to comment Share on other sites More sharing options...
MuteDebt Posted November 27, 2012 Report Share Posted November 27, 2012 It won't let me download it as a file attachment so here it is of course change it to whom it suing you! DEMAND FOR BILL OF PARTICULARSTo PLAINTIFF CAPITAL ONE BANK (USA), N.A. and its attorneys of record herein:DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant, Your Name, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for goods, wares, and merchandise sold and delivered, of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account. Please also provide a copy of the contract referred to in the complaint, any contract between defendant and Capital One Bank relating to the account in question and a copy of any agreement assigning the account at issue to plaintiff.Dated: _________ _____________________Your Name Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 27, 2012 Author Report Share Posted November 27, 2012 (edited) It won't let me download it as a file attachment so here it is of course change it to whom it suing you! DEMAND FOR BILL OF PARTICULARSTo PLAINTIFF CAPITAL ONE BANK (USA), N.A. and its attorneys of record herein:DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant, Your Name, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for goods, wares, and merchandise sold and delivered, of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account. Please also provide a copy of the contract referred to in the complaint, any contract between defendant and Capital One Bank relating to the account in question and a copy of any agreement assigning the account at issue to plaintiff.Dated: _________ _____________________Your NameThanks so much! I'll be certain to change the name of who is suing me! Edited November 27, 2012 by helpYoSelf Link to comment Share on other sites More sharing options...
MuteDebt Posted November 27, 2012 Report Share Posted November 27, 2012 You do not need to file this with the court but send it CMRR and with a POS! Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 27, 2012 Author Report Share Posted November 27, 2012 I will do that for sure! I could KICK myself right now though...I can NOT find my file and only have on hand the papers they sent me for discovery (req for admissions, req for prod. of documents and the special interrogatories) .....UGH! Is there another way I can find out the causes of action against me? Is there a way to get that through the court? UGH...I'm off to tear up my office to find my file Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 27, 2012 Author Report Share Posted November 27, 2012 okay soooo, I'm not going to waste any more time looking. I didn't find my documents that I need so I ordered a copy of my file online and it will be ready for pickup at the courthouse in 3 hours. Link to comment Share on other sites More sharing options...
helpme Posted November 27, 2012 Report Share Posted November 27, 2012 so that you can just enter your case no and the case is viewable and/or downloadable via online...If you have filed your answer , you should have received some information regarding that like: the assigned Judge, Dept no, the website to access, if your court allows for tentative rulings on motions , the email address of the Judge's clerk etc...Hope this helps... Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 28, 2012 Author Report Share Posted November 28, 2012 Thank you - I was able to see some info online, but in order to see the full documents I had to request the file. I ran down and got copies - super easy and now see the causes of action- FIRST CAUSE OF ACTION - 1) BREACH OF CONTRACTSECOND CAUSE OF ACTION 2) COMMON COUNTS ** and then when I read further in the document it says "SECOND CAUSE OF ACTION (Account Stated)" Link to comment Share on other sites More sharing options...
1stStep Posted November 28, 2012 Report Share Posted November 28, 2012 Send a BOP - it is appropriate for breach of contract. Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 28, 2012 Author Report Share Posted November 28, 2012 I plan on working on this tonight when I have peace and quiet! Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 28, 2012 Author Report Share Posted November 28, 2012 Send a BOP - it is appropriate for breach of contract.Okay- I will do that for sure- already started on it but will tighten it up and then post here tonight! Thanks!! Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 28, 2012 Author Report Share Posted November 28, 2012 Send a BOP - it is appropriate for breach of contract.Is that to say it is not appropriate for the "account stated" part..but only appropriate because there is also the "breach of contract" part? Is the "acount stated" part going to be tougher to argue against? I'm reading up on it and so far I've just seen that it's easier for plaintiff to prove...is this correct? Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 28, 2012 Author Report Share Posted November 28, 2012 critiques encouraged! To PLAINTIFF CACH, LLC and its ATTORNEY OF RECORD, xxxxxxxx herein: DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant, xxxxxxxxxx, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for goods sold and delivered of plaintiff’s complaint is based, including the date of each 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 or credits that have been made to the account. Please also provide a copy of the contract referred to in the complaint, any contract between defendant and CACH, LLC relating to the account in question and a copy of any agreement assigning the account at issue to plaintiff. My head is spinning from all of this! Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 28, 2012 Author Report Share Posted November 28, 2012 additional info: I did put it on pleading paper so that it's formatted nicely- and also have a proof of service ready to go for my person that will mail it off for me tomorrow. Link to comment Share on other sites More sharing options...
1stStep Posted November 28, 2012 Report Share Posted November 28, 2012 They you are good to go. Send it certified mail, return receipt. Link to comment Share on other sites More sharing options...
helpYoSelf Posted November 28, 2012 Author Report Share Posted November 28, 2012 I will do that! Thanks a bunch! Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 28, 2012 Report Share Posted November 28, 2012 Why can't people in CA mail their own documents? This is idiotic. 1 Link to comment Share on other sites More sharing options...
Anon Amos Posted November 28, 2012 Report Share Posted November 28, 2012 Why can't people in CA mail their own documents? This is idiotic. In CA a party to the case cannot serve papers to the other party, has to be done by a non party to the case and with a" proof of service form "I was able to use it to my advantage however when the lawyer went on record (on a motion he filed) and lied about the date he served me a document. I used his proof of service and the envelope against him, keep everything you get from these bottom feeders in a file, you never know when an idiotic rule and something as insignificant as an envelope can be used against them. Link to comment Share on other sites More sharing options...
Recommended Posts