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CMC shows Vacated?


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My CMC is schedule for the end of this month but on the courts website it reads under "Event Status" as VACATED. can someone please explain what this means.

Also, my MTC BOP keeps getting pushed back as they keep requesting more time. They were give until mid February. I was summoned it early August so don't you think they should have everything they need by now???

So do I attend the CMC this month or is it off the courts calendar? What now?

TY all,

JW

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But they are still trying to get the MTC BOP resolved.  They were given an extension and they said they would have it by the February deadline.  I will attend the CMC or at least call to get instructions fro clerk but what are my next moves.  They have called a few times asking to settle...no reply from me as we have already satisfied the M&C requirements.

 

 

Any advice on the supboena/affidaviat CCP stuff.  I am not sure if they have any witnesses they plan to bring and wanted to be ready on the appropraite steps.  They may have an affidavit signed with some discovery but no actual form was sent.  thoughts?

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CMC vacated DOES not mean that your case was dismissed. The CMC being scheduled as an official meeting is just to get everybody to respond to it. It should read that you sent yours in and they sent theirs in. You should have received a copy of theirs as well. Mine was just vacated and I now have a lawyer on the case and you do not need to show. Vacated means it is not happening. IT by no means your case is over!

 

I believe we are in the same court message me if you want to look up my case in the online court page.

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  • 3 weeks later...

I received more documents per the tentative ruling but only about 10 months worth.  The judge required them to provide all documents I was requesting in my demand for BOP but again, only about 10 months worth were provided. What now as I am sure this will be scheduled for trial?  The CMC was vacated as both sides provided their CMC statement.  How do I proceed or what should I expect from here?

 

TY JW

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I received more documents per the tentative ruling but only about 10 months worth.  The judge required them to provide all documents I was requesting in my demand for BOP but again, only about 10 months worth were provided. What now as I am sure this will be scheduled for trial?  The CMC was vacated as both sides provided their CMC statement.  How do I proceed or what should I expect from here?

 

TY JW

You can expect them to continue trying to get you to settle for one. I would send them discovery so that you are continuously attacking them. They will send you a ccp98 declaration in lieu of live testimony 30 days before trial. They may try a motion for summary judgement as well, but if you are in discovery you will not need to worry about that as they will be less likely to file it.

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What other discovery should I send?  I sent them BOP and RFP already.  Anything I need to prepare in response to their potential CCP98? 

 

Thanks

I did not notice that you sent the RFP so you are probably good. I guess you just keep on learning, rules of evidence (hearsay, business records exception, rules of authentication, rule of completeness). Just knowing how to file motions & oppositions should help you in your response to the ccp98. It will soon be time for meet and confer letters and motion to compel discovery. Maybe get your case law in order and watch a few live cases if possible (may be very helpful).

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Thank you for your replies.

 

Since I did receive some additional information/documents from the JDB but it was not ALL that I requested in the BOP & RFPD, do I bring this to the judges attention or just wait for something in the mail from the courts regarding a trail date and argue against what docs they did provide? 

 

I guess I will be awaiting a CCP 98 from them shortly..right?

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Thank you for your replies.

 

Since I did receive some additional information/documents from the JDB but it was not ALL that I requested in the BOP & RFPD, do I bring this to the judges attention or just wait for something in the mail from the courts regarding a trail date and argue against what docs they did provide? 

 

I guess I will be awaiting a CCP 98 from them shortly..right?

I would send them a meet and confer letter requesting further productions of documents and advising them that you will file a motion to compel the discovery with the court if they do not respond in 10 days (and then file the motion). You will not receive the ccp98 before you have a trial date, you will receive it 30 days before the trial date.

 

Always be attacking them somehow, rather than waiting for something to happen, keep pressure on them so that you are just a pain in the neck all the time. It may be more work; but it will serve your purpose.

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Always be attacking them somehow, rather than waiting for something to happen, keep pressure on them so that you are just a pain in the neck all the time. It may be more work; but it will serve your purpose.

 

I respectfully disagree. There are times you can use their assumption that if they haven't heard from you then you must not know what you're doing or that you forgot. I many cases you'll see that they try to push trial back as far as the judge will allow. My feelings are that this in hopes that you will forget to do something. So why not use that to your advantage. Usually you hit them right off the bat with a RFPOD so you know what they have to use and I'd bet it's all crap. So why keep hammering them telling them they need to get more evidence? You just might get what you ask for if you're not careful.

 

Now I'm not saying you sit back and do nothing if they give you poor docs that deserve your attention but attacking just to attack might not always be the best approach. Just like Calawyer pointed out in another thread when the person (I think it was Rivertime) got a bad CCP 96 response. Why tell them "Hey your response sucks!!!!"?

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Thanks!

 

I already filed MTC BOP and they (the courts) gave them until a certain date to provide the additional information.  ( I won the MTC hearing).  Now I received very limited docs, about 10 months worth vs what i had requested in the BOP...which was everything from day one of the alleged acount with all credits, charges etc,...

 

So now do I just say OK, I will see you at trial.  I am not exactly sure when trail will be set but I am sure I will receive something from the courts giving me a date??? I should also expect the CCP 98 from JDB?

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I respectfully disagree. There are times you can use their assumption that if they haven't heard from you then you must not know what you're doing or that you forgot. I many cases you'll see that they try to push trial back as far as the judge will allow. My feelings are that this in hopes that you will forget to do something. So why not use that to your advantage. Usually you hit them right off the bat with a RFPOD so you know what they have to use and I'd bet it's all crap. So why keep hammering them telling them they need to get more evidence? You just might get what you ask for if you're not careful.

 

Now I'm not saying you sit back and do nothing if they give you poor docs that deserve your attention but attacking just to attack might not always be the best approach. Just like Calawyer pointed out in another thread when the person (I think it was Rivertime) got a bad CCP 96 response. Why tell them "Hey your response sucks!!!!"?

I agree to an extent. Regarding the ccp 96 response: I would never ask for more there because that is what they are going to bring to trial and if its not on the list you can't use it. So you definitely would not challenge them on it (I was never one suggesting to do so in that post).

In this situation you are asking for documents that they can produce later at trial and if you get them first; you have time to react and you can strike them. I hear what you are saying "ask and you shall receive", I struggled with that a lot myself,  but he does not even have the bill of sale or any proof of assignment at this time, and you know they will bring that to trial, there is no reason to think that they will not create something there.

I

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Thanks!

 

I already filed MTC BOP and they (the courts) gave them until a certain date to provide the additional information.  ( I won the MTC hearing).  Now I received very limited docs, about 10 months worth vs what i had requested in the BOP...which was everything from day one of the alleged acount with all credits, charges etc,...

 

So now do I just say OK, I will see you at trial.  I am not exactly sure when trail will be set but I am sure I will receive something from the courts giving me a date??? I should also expect the CCP 98 from JDB?

Congrats on the MTC BOP.  Did you send them discovery, and was there a motion to compel discovery as well (request for production) or was it a  MTC BOP only? I would want to send them discovery if you have not done so already. 

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Both sides sent all their discovery.  They sent RFP, RFA, & ROGS. 

I sent demand for BOP and RFPOD.  I filed a MTC BOP and won. 

They have sent me: Redacted loan aggreement, Bill of sale (looks really bad), about 10 months of statements and a Card holder agreement (not sure from what year.)

 

We've done our M&C.

 

We both filed our CMC statement and the CMC hearing was vacated.  Now I am waiting! 

 

Should I expect the CCP ??? from the JDB or will that come after the courts schedule a trail date (will I receive notification in the mail of the trial date?).

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In my case they set the trial date at the CMC conference and both parties were in attendance, it lasted about 10mins. I would call the clerks office of the court and ask exactly what vacated means in relation to your case. I had the same happen in my case and I can't exactly remember what the clerk said  but I did have to show up to the CMC.

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Both sides sent all their discovery.  They sent RFP, RFA, & ROGS. 

I sent demand for BOP and RFPOD.  I filed a MTC BOP and won. 

They have sent me: Redacted loan aggreement, Bill of sale (looks really bad), about 10 months of statements and a Card holder agreement (not sure from what year.)

 

We've done our M&C.

 

We both filed our CMC statement and the CMC hearing was vacated.  Now I am waiting! 

 

Should I expect the CCP ??? from the JDB or will that come after the courts schedule a trail date (will I receive notification in the mail of the trial date?).

 

I'm not sure how your court works. My trial date was also set at the CMC. Really now you wait for trial. Most likely they won't send anything else. You HAVE to send a CCP 96 to lock in their evidence before trial. They will most likely send you a CCP 98 affidavit in response to the CCP 96. It's your call what to do now. As I said I was in a very similar place as you are. I got a bunch of crap docs in response to my discovery. We had our CMC and they wanted trial set 6 months out claiming that they need to do more discovery, so the judge gave it to them and then they never did anymore discovery. So I was going to file a MTC to get some better proof that they owned the debt since the bill of sale was junk. Then I thought............. why in the HELL would I want them to get better evidence. "If you find yourself in a fair fight then your tactics suck." So I held back my MTC right before I was ready to file it and waited to hit them with the CPP 96 35 days before trial to give them little time to work with.

 

Again it's a tactical move you have to think about and then make the choice as to how you want to proceed. It sounds as if you get the same judge at trial that you had at the MTC then you will have a fair judge.

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My trial date was set per the courts website for the beginning of July.  What are the steps I need to take as ar as the CCP (CCP # ??) as far as wording and time line in sending it out.  Also, it is a jury trial and I would love some help on questions to ask/format to prepare for a jury trial.  They have about one year of statements, redacted loan agreement, bad one page copied Bill of Sale, and a card holder agreement from who knows what year (FIA Card service, MBNA or BofA??? as they all eventuall merged into BofA). 

 

Thank you all,

 

JW

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My trial date was set per the courts website for the beginning of July.  What are the steps I need to take as ar as the CCP (CCP # ??) as far as wording and time line in sending it out.  Also, it is a jury trial and I would love some help on questions to ask/format to prepare for a jury trial.  They have about one year of statements, redacted loan agreement, bad one page copied Bill of Sale, and a card holder agreement from who knows what year (FIA Card service, MBNA or BofA??? as they all eventuall merged into BofA). 

 

Thank you all,

 

JW

Good job with the jury trial (I am assuming you demanded the jury) That's the only way I would go. Very few people ever want a jury, so its rare to ever hear about someone having a jury. You are probably talking about the ccp98, which is a declaration in lieu of live testimony, the plaintiff will send you one 30 days before trial. Then you will object to it, motion to strike it, and there are a few ways to address the witness issue (but you have time before this happens)

I think I remember from your earlier post (I'll have to check) that you are in discovery? Or did you complete discovery and that is all the evidence produced?

There is a bunch of paper work that must be done for the jury trial, including jury fees paid 30 days before trial. There is a jury packet that you can download. I have a lot of information on the jury stuff, I'll have to dig it up and get back to you.

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Thanks.

 

I believe we are done with all discovery.  Just finished the MTC BOP and they provided some (10 months of statements) additional docs per the judges ruling.  Still didnt get everything I asked for in the BOP and RFP.  Is the jury fee part includd in the fee waiver I was granted?  What do you recommend I do for the next five months?  I would like to have the CCP 98 ready to send asap so I would definitely need some help with this and any other documents that should be prepared for what is to come. 

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Thanks.

 

I believe we are done with all discovery.  Just finished the MTC BOP and they provided some (10 months of statements) additional docs per the judges ruling.  Still didnt get everything I asked for in the BOP and RFP.  Is the jury fee part includd in the fee waiver I was granted?  What do you recommend I do for the next five months?  I would like to have the CCP 98 ready to send asap so I would definitely need some help with this and any other documents that should be prepared for what is to come. 

The jury fees have to be approved by the court, you will need to file a form: additional fee waiver, and ask for jury fees. It may get denied, and if it does you have to pay$150 jury fee deposit. It will probably require two days, so on day two (of jury trial) you have to pay another $150. If you get denied the fees, call and ask the jdb lawyer if they will split the fees with you (they get very upset with that). And, I am assuming YOU demanded the jury (I can't imagine the plaintiff would want a jury), but if the plaintiff demanded the jury, then they have to pay the fees.

One thing I would do in the 5 months would be to go watch a jury trial live. And I would want to see the whole trial including jury selection if possible. You won't find a debt case that is jury, but watching any jury trial will help, and you should see what all is involved in this type of trial & how jury is selected.

As far as the ccp 98 goes, you have to wait until they send you one, about 30 days before trial. You might dig up examples of one to see how it looks, but you can't do much of a response because you don't have it yet. When you get it you will file an objection, a motion to strike it, and a  request for appearance in lieu subpoena (depending on how they write the ccp 98)

You will probably file motions in limine to strike all the evidence and the ccp98 about a week or so before trial (check your local rules on motion in limine) You will file a trial brief,

There is also a jury packet that must be filled out (including the jury "charge" or instructions. The court should send you one, but I am still going to find some jury info I have and when I get it I will send it to you as well as info on the jury packet. There is a large amount of paper work, it is one of the reason they dropped my case, there was no way they were going to do all that and go to a jury trial for 2 days.

Keep learning with the time you have. Know the California rules of evidence that pertain to the case and get your case law together.

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