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CACH LLC summons, response and more issues in California... Legal advise needed


sonic007
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Gosh, I wish I found this site sooner…I think I might have screwed up so I would greatly appreciate everyones advice on how to correct where I am at.

 

Background on my case:

1. Who is the named plaintiff in the suit?

CACH, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) c/o Mandarich Law Group LLP

3. How much are you being sued for? $5300

4. Who is the original creditor? (if not the Plaintiff)
CITI/Sears

5. How do you know you are being sued? (You were served, right?)
Service came to my front door, I picked it up.

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

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

I guess

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

I filed an answer contract PLD-C-010

9. What state and county do you live in?

Stockton, CA (foreclosure capital)

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
5/2008

11. What is the SOL on the debt?

4 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

 

I received the summons around 7/6/12

Responded with an answer (PLD-C-010) on 8/3/12, requesting validation of debt, etc. 

 

Nothing was sent to me by the plaintiff and there was a CMC hearing scheduled for 12/3/12

 

When I went to the CMC hearing on 12/3/12, they informed me of a Motion For Orders Be Deemed Admitted. I had never received a request for admissions. This was the first that saw this so I received a copy from the clerk, and the judge allowed extension until 12/18/12. I than sent in another Answer Contract (PLD-C-010) response.

 

At the 12/18/12 hearing the judge noted that my second answer contract was invalid. But gave me until 1/18/13 to have another CMC meeting.

 

What is there that I can do at this point?

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Well, I am certainly no expert and cannot give legal advice as I am NOT an attorney, but, my opinion is:
It sounds like you have been served discovery and have not answered it correctly.  If you fail to answer discovery correctly they can motion the court to have documents and statements deemed admitted and then you will be dust.  Discovery requests are different than the summons you got.
Post their requests and any other requests they've asked for.  Remove your personal information. That way people on here can jump in and help.
 
rt

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From what little I know about California law ........ you might want to investigate the SOL (Statute of Limitations).

You said that the SOL in CA is 4 years.......... I've read the same thing.

Check the date of default on your credit report against the date that Plaintiff filed the suit with the court.

According to the dates you have given (unless I flunked 3rd grade math) .. ......... this should be a slam dunk win for you and perhaps money in your pocket (filing suit beyond the SOL).

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I work on uploading my documents tomorrow when I can scan them, I guess my biggest concern is how to answer correctly now that they have a Motion filed, with response forms.

 

Timeline of events:

-they served me on 7/6/12 (

-I answered them with an Answer Contract on 8/3/12, opened case management conference for 12/3/12.

-Received nothing from them until I got to the CMC meeting on 12/3/12, where the lawyer filed a "Notice of Motion for Order that matters in request for admissions be deemed admitted." Keep in mind I have never received any documents requesting admissions other than the original summons on 7/6/12, which I responded to in my Answer Contract on 8/3/12.

-That said the judge gave me until 12/18/12 to respond to the Notice document received on 12/3/12.

-With that I responded again with an Answer Contract.

-When I went to the 2nd CMC meeting on 12/18/12, I told the judge that I answered the Notice with another Answer Contract, the Judge told me that that was not the proper legal format.

 

Ug, I am so confused!

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From what little I know about California law ........ you might want to investigate the SOL (Statute of Limitations).

You said that the SOL in CA is 4 years.......... I've read the same thing.

Check the date of default on your credit report against the date that Plaintiff filed the suit with the court.

According to the dates you have given (unless I flunked 3rd grade math) .. ......... this should be a slam dunk win for you and perhaps money in your pocket (filing suit beyond the SOL).

This would be great if it fits your case.I think you may have just missed the SOL by 2 months, but it depends on how soon they marked it as defaulted, well worth looking into, and probably close enough to claim anyway, let them prove the SOL, but don't anchor your case on it. I think they may have known it was just about up and that's why they filed when they did.

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Gosh, I wish I found this site sooner…I think I might have screwed up so I would greatly appreciate everyones advice on how to correct where I am at.

 

Background on my case:

1. Who is the named plaintiff in the suit?

CACH, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) c/o Mandarich Law Group LLP

3. How much are you being sued for? $5300

4. Who is the original creditor? (if not the Plaintiff)

CITI/Sears

5. How do you know you are being sued? (You were served, right?)

Service came to my front door, I picked it up.

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

Handed Notice.

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

I guess

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

I filed an answer contract PLD-C-010

9. What state and county do you live in?

Stockton, CA (foreclosure capital)

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

5/2008

11. What is the SOL on the debt?

4 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

 

I received the summons around 7/6/12

Responded with an answer (PLD-C-010) on 8/3/12, requesting validation of debt, etc. 

 

Nothing was sent to me by the plaintiff and there was a CMC hearing scheduled for 12/3/12

 

When I went to the CMC hearing on 12/3/12, they informed me of a Motion For Orders Be Deemed Admitted. I had never received a request for admissions. This was the first that saw this so I received a copy from the clerk, and the judge allowed extension until 12/18/12. I than sent in another Answer Contract (PLD-C-010) response.

not sure if you mean you answered the RFA's or you answered the complaint. You do not want RFA's deemed admitted so if you did not receive them you need to let the court know (maybe file a notice to court). Or if you are saying the judge said to answer the RFA's you need to get that done.

 

At the 12/18/12 hearing the judge noted that my second answer contract was invalid. But gave me until 1/18/13 to have another CMC meeting.

It sounds like you need to file an answer to the complaint correctly, if that's the case use your time to learn and get it filed on time & correct. Answer it, use  a few of the correct affirmitive defenses, probably SOL as well as others, think if you possibly have a valid cross complaint.

 

What is there that I can do at this point?

We have to figure out what the problem is and fix it. It sounds like you need to answer the complaint and answer RFA's but I can't tell by your post. You need to get this under control soon, so you can possibly send them a BOP (depends on the cause of action in the complaint) or discovery and start putting pressure on them so they will see that it's not worth pursuing and drop the case. Although, even with the mistakes you may have made, you are already putting pressure on them. It does not sound like it is too late, just have to figure out what the problem is.

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I work on uploading my documents tomorrow when I can scan them, I guess my biggest concern is how to answer correctly now that they have a Motion filed, with response forms.

 

Timeline of events:

-they served me on 7/6/12 (

-I answered them with an Answer Contract on 8/3/12, opened case management conference for 12/3/12.

-Received nothing from them until I got to the CMC meeting on 12/3/12, where the lawyer filed a "Notice of Motion for Order that matters in request for admissions be deemed admitted." Keep in mind I have never received any documents requesting admissions other than the original summons on 7/6/12, which I responded to in my Answer Contract on 8/3/12.

I don't know if you settled this at the CMC (and maybe even if you did) if it was my case I would want to get an opposition filed with the court to get on record not receiving the RFA's, and then (under good faith) answer the RFA's that should be answered and cite valid objections for the one's that shouldn't be answered.

-That said the judge gave me until 12/18/12 to respond to the Notice document received on 12/3/12.

-With that I responded again with an Answer Contract.

-When I went to the 2nd CMC meeting on 12/18/12, I told the judge that I answered the Notice with another Answer Contract, the Judge told me that that was not the proper legal format.

OK, now I think I understand what you did. You answered the  motion notice with an answer form.(now some of my other post may or may not be a little off) You need to file an opposition to the motion with the court and serve a copy with a proof of service to the attorney. You need to say you never got them and you are now answering them, or will answer (or whatever fits). You need to read the court rules (check the website) You are going to have to learn how to object to the motion and use the numbered pleading paper, use the lawyers motion as a template, get a file and save all the paperwork including envelopes. I hope this has helped and not made it more confusing.

 

Ug, I am so confused!

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I work on uploading my documents tomorrow when I can scan them, I guess my biggest concern is how to answer correctly now that they have a Motion filed, with response forms.

 

Timeline of events:

-they served me on 7/6/12 (

-I answered them with an Answer Contract on 8/3/12, opened case management conference for 12/3/12.

-Received nothing from them until I got to the CMC meeting on 12/3/12, where the lawyer filed a "Notice of Motion for Order that matters in request for admissions be deemed admitted." Keep in mind I have never received any documents requesting admissions other than the original summons on 7/6/12, which I responded to in my Answer Contract on 8/3/12.

-That said the judge gave me until 12/18/12 to respond to the Notice document received on 12/3/12.

-With that I responded again with an Answer Contract.

-When I went to the 2nd CMC meeting on 12/18/12, I told the judge that I answered the Notice with another Answer Contract, the Judge told me that that was not the proper legal format.

 

Ug, I am so confused!

I am quite sure that plaintiff believes it has served Requests for Admissions on you and you failed to repsond in 30 days as is required by the Code.

 

But you have a good Judge.  One that wants to give you a chance to respond. 

 

Look at the motion.  There will be a declaration from one of plaintiff's lawyers.  One of the exhibits will be a copy of the Requests that were supposedly served on you.  THere should also be a proof of service.  Does it have your correct address on it? 

 

In any event, post the requests and we will help you respond.  THat is the first thing you must do.  THen we will prepare an opposition to plaintiff's motion saying you never received the requests in the mail.

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Hello guys, the files are too large and I could not figure out another way to share them. 

File ONE - https://www.dropbox.com/s/om8cn187rkxfsrf/1%20%28ONE%29%20Orginal%20Summons.pdf

 
 
 
 
Detailed breakdown of events:

-I was served on 7/6/12 (see FILE ONE)

-I went to the courthouse and asked which form I needed to use to respond to the summons. They scheduled a Case Management meeting for 12/3/12.  I sent the Answer Contract on 8/3/12 by certified mail (see FILE 2). I mailed this directly to the plaintiff which is what the staff person at the courthouse directed me to do. 

-I received no response to the Answer Contract I sent on 8/3/12.  I got to the CMC meeting on 12/3/12, I was informed I did not respond to the plaintiff's Notice. The plaintiff had filed a "Notice of Motion for Order That Matters in Request for Admissions Be Deemed Admitted…" (see FILE THREE).  Keep in mind I never received any documents requesting admissions other than the original summons on 7/6/12, which I responded to in my Answer Contract on 8/3/12.

-At the 12/3/12 CMC meeting the judge told me I needed to respond to the "Notion of Motion for Order That Matters..." I told him I never received it. The court gave me a copy and extended the CMC meeting until 12/18/12.

-With that I responded again with another Answer Contract (see FILE FOUR). I mailed this certified directly to the plaintiff on 12/6/12.

-When I went to the 2nd CMC meeting on 12/18/12, I told the judge that I answered the "Notion of Motion for Order That Matters..." with another Answer Contract, the judge told me that was not the proper legal format. He seemed irritated with my mistake. 

-I was also told I needed to get that Answer Contract stamped by the court and then mail a stamped copy to the plaintiff. 

 

1)The plaintiff never responded to the first Answer Contract I mailed them in August and they did not respond to my second Answer Contract sent on 12/6/12. Do they not have to answer because it was not stamped in by the court and then mailed to them? 

 

2)Is there something I can do to properly respond to their Motion before the 1/18/13 CMC meeting?

 

Any advice would be much appreciated. I am at a loss as to what I should do next. I am holding off because I do not want to make any more mistakes. I have a feeling if I go back to court and do not have everything submitted properly then the judge won't be so lenient with me. He has already extended the CMC meeting date two times. 

 

I checked this account on my credit report. It says date closed "05/2008". California Statute of Limitations is 4 years. They filed their summons in court on July 6, 2012 (see FILE ONE). 

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Let me know if you guys are ok with downloading those file! Thanks in advance for the help!

Lets be clear the admissions require a seperate response. The court went out of it's way to allow you to answer. So you have to respond to every admission. You can deny, object then deny, lack of information and belief in the truth of the allegations and therefore deny. So you have to get the responses to them and the court ASAP.

 

and then you have to go into the fact that you were not served. That is opposition to their motion that you also need to do. I personally hate the use of admittions against pro pers.

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First of all you have a very understanding judge. I will look more at your file when I have time, for now I will try to help where I can.

 

1) when you answered the complaint you where supposed to file it with the court clerk, and send a copy of it to the attorney (with proof of service to court and attorney)

2) The notice of motion the judge is talking about is not the answer to the complaint (that you have been sending to the lawyer) You were supposed to answer the request for admissions(to me it looks like you received them, but I am still reading)

 

By now I think that most people will agree here it's amazing you have not lost the case. The judge is working with you he or she may be anti-bottom feeder, so you still have a chance to start over.

 

A) I would think that you need to answer the complaint properly (see #1)

  B) You need to answer the request for admissions (send answers to lawyer), and you need to file (with the court) an oposition to the plaintiff's motion to deem admisions admited.

 

The good thing is if you made a mistake (or could answer better) on your answer you can now correct it. You can add affirmative defenses if you did not already. I will read your answer and other papers later as I am sure others will as well and see what I think.

 

That's what I think at this time, I will read more later and let you know if I missed something 

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First of all you have a very understanding judge. I will look more at your file when I have time, for now I will try to help where I can.

 

1) when you answered the complaint you where supposed to file it with the court clerk, and send a copy of it to the attorney (with proof of service to court and attorney)

2) The notice of motion the judge is talking about is not the answer to the complaint (that you have been sending to the lawyer) You were supposed to answer the request for admissions(to me it looks like you received them, but I am still reading)

 

By now I think that most people will agree here it's amazing you have not lost the case. The judge is working with you he or she may be anti-bottom feeder, so you still have a chance to start over.

 

A) I would think that you need to answer the complaint properly (see #1)

  B) You need to answer the request for admissions (send answers to lawyer), and you need to file (with the court) an oposition to the plaintiff's motion to deem admisions admited.

 

The good thing is if you made a mistake (or could answer better) on your answer you can now correct it. You can add affirmative defenses if you did not already. I will read your answer and other papers later as I am sure others will as well and see what I think.

 

That's what I think at this time, I will read more later and let you know if I missed something 

 

I think the Judge is trying to help...

That said, Anon Amos, so at this point. do I:

1) redo my original answer contract, get it stamped by the clerk, and send it again to the Plaintiff?

2) While at the same time filing an opposition to the motion to deem admissions? (what form/format do I use for that?)

3) Also at the same time file official answers to their requests that I recieved at the CMC meeting on 12/3/12? (also what forms/format do I use for that?) I used an answer contract...i believe that is in error now, and it was also not stamped by the clerk prior to sending the Plaintiff a copy..

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I think the Judge is trying to help...

I'll say.(later, after you get things under control) I would look at the courts case files and see if you can find a case where people fought, get examples of how they won and see what the judge found important (look at the courts website, check under CACH and the lawyers name)

That said, Anon Amos, so at this point. do I:

1) redo my original answer contract, get it stamped by the clerk, and send it again to the Plaintiff?

yes, and file a proof of service with the court and to the lawyer. keep copies of everything for yourself and make a filing system, save everything including envelopes.

2) While at the same time filing an opposition to the motion to deem admissions? (what form/format do I use for that?)

3) Also at the same time file official answers to their requests that I recieved at the CMC meeting on 12/3/12? (also what forms/format do I use for that?) I used an answer contract...i believe that is in error now, and it was also not stamped by the clerk prior to sending the Plaintiff a

That's exactly what I think. yes the answer contract was an error(as far as using it for an opposition) but as far as answering the complaint you just needed to file it with the court. I think you got it now, you won't have problems this time. You will need to learn how to draft oppositions and motions on pleading paper and learn proper form (you can find examples by looking at cases in the courts files if you find one that was fought. There are some form examples on this site, people will start chiming in with examples here soon (I will look later as well) you can download the pleading paper online (google search legal pleading paper.

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Okay, please listen.

 

First, read and listen to what Calawyer has told you.  It appears that your Answer contract has NOTHING  to do with what the judge is asking for and has nothing to do with what Plaintiff wants to file. Plaintiff is asking for admissions to be "demed admitted."  You have answered plaintiff's discovery requests improperly.  I believe your Answer Contract is FINE or you would already have a Default Judgment against you.

 

PLEASE read the code section I told you about and answer plaintiff's request correctly.  you WILL NOT get another shot at this.  Once you answer it correctly, especially with the judges blessing for the extra time, plaintiff's motion will most probably be denied, BUT, you must answer it correctly.

 

Please, read and listen to Calawyer's post.

 

Good Luck,

 

rt

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I am quite sure that plaintiff believes it has served Requests for Admissions on you and you failed to repsond in 30 days as is required by the Code.

 

But you have a good Judge.  One that wants to give you a chance to respond. 

 

Look at the motion.  There will be a declaration from one of plaintiff's lawyers.  One of the exhibits will be a copy of the Requests that were supposedly served on you.  THere should also be a proof of service.  Does it have your correct address on it? 

 

Yes it does have my correct address on it. But I never received it.

 

In any event, post the requests and we will help you respond.  THat is the first thing you must do.  THen we will prepare an opposition to plaintiff's motion saying you never received the requests in the mail.

CAlawyer, Confirmed that it is my address, please help me on what to do next. Thank you in advance!

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Okay, please listen.

 

First, read and listen to what Calawyer has told you.  It appears that your Answer contract has NOTHING  to do with what the judge is asking for and has nothing to do with what Plaintiff wants to file. Plaintiff is asking for admissions to be "demed admitted."  You have answered plaintiff's discovery requests improperly.  I believe your Answer Contract is FINE or you would already have a Default Judgment against you.

 

PLEASE read the code section I told you about and answer plaintiff's request correctly.  you WILL NOT get another shot at this.  Once you answer it correctly, especially with the judges blessing for the extra time, plaintiff's motion will most probably be denied, BUT, you must answer it correctly.

 

Please, read and listen to Calawyer's post.

 

Good Luck,

 

rt

Yes sir, good thought....I think I am getting ahead of myself. This process is very confusing. 

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Yes sir, good thought....I think I am getting ahead of myself. This process is very confusing. 

 

Yes, this is very much confusing.  I only know this because I answered my plaintiff's discovery improperly and did the same dance you are now doing.  Read that code section over and over again until you understand it then you'll be able to answer properly.   I can't remember the specific's, but if I recall correctly, even if you object, it has to be for specific reasons spelled out in the code.  If it make you feel any better, I submitted my answers more that once before I got it right.

 

This learning curve can be a bit of a female dog, but there is a lot of help here.

 

Good luck,

 

rt 

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Okay, please listen.

 

First, read and listen to what Calawyer has told you.  It appears that your Answer contract has NOTHING  to do with what the judge is asking for and has nothing to do with what Plaintiff wants to file. Plaintiff is asking for admissions to be "demed admitted."  You have answered plaintiff's discovery requests improperly.  I believe your Answer Contract is FINE or you would already have a Default Judgment against you.

 

PLEASE read the code section I told you about and answer plaintiff's request correctly.  you WILL NOT get another shot at this.  Once you answer it correctly, especially with the judges blessing for the extra time, plaintiff's motion will most probably be denied, BUT, you must answer it correctly.

 

Please, read and listen to Calawyer's post.

 

Good Luck,

 

rt

Yes you do need to answer the RFA's but you said you mailed the answer to the complaint directly to the plaintiff, and it is not court stamped so I thought you need to file it with the court. If you already filed an answer (to the complaint) with the court then all you have to do is skip this step, and answer the RFA's(& file the opposition to the motion to deem admitted), so its just going to be easier

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Maybe if you posted their motion to deemed admitted it will help us to help you. TOr just post the admissions part so we can help you answer. I do believe you are spinning out of control, don't worry we are here to help. So post the request for admissions and lets get to it.

Seadragon,

 

Here it is: https://www.dropbox.com/s/n18i9vca8fsjcul/3%20%28THREE%29%20Motion%20Received%2012-3-12.pdf

 

File was too large to use the media upload.

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