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Plaintiff’s CCP 96 Response Was Late, Case Law And Strategy Help Please!

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You might also consider the letter I suggested on page 1 of this thread.  I think it puts plaintiff in a bad position.  If they serve a late CCP 96, you can argue that the code does not permit one.  Only the court can permit it and only upon written motion supported by good cause.

 

If they do nothing, you can argue that you pointed out their failure and they still did nothing.

 

Upon receiving the letter, they may realize their error and dismiss.

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I agree. Make sure your math is correct and they are indeed late. They usually get in the mail the very day it's due, and a lot of people miscount by a day or two.

 

You were right.  Yesterday I received a RRC Letter from them dated on the day it was due to me.  Was a bit odd though that I did not receive it until 6 days later when they are only about 80 miles from me.  Generally the mail man will leave a notice on my door to pick up the letter at PO, or indicating they tried to deliver it, but no such thing was received. Envelope was stamped by postage machine dated same date it was due, but they could have their own postage machine.  Oh well.  I am going to update my thread and carry on the conversation there.  Thanks!

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21 hours ago, navy joy said:
 

What if I am the one who is late in serving the CCP 96? Today is 9/8/2019 and my trial date is 10/4/19. Can I still send my CCP 96 with a note? Is there any recourse for me at this point? 

You can send it, but since you are under 30 days to trial, they do not have to respond. It's a long shot and I doubt they give you a break, but you never know.

Did they send you a CCP 98?

 

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12 hours ago, RyanEX said:

You can send it, but since you are under 30 days to trial, they do not have to respond. It's a long shot and I doubt they give you a break, but you never know.

Did they send you a CCP 98?

 

Thank you for your response @RyanEX! No, I have not received a CCP 98. 

Do I move forward with filing my trial brief and if so, how do I go about forming my objections without the disclosure of CCP 96? All the examples I see reference info given in the CCP 96. 

Am I able to file MIL? Again, how would I do that without CCP 96? I realize that totally screwed myself by not getting that CCP 96 in. I handed it off to my husband due to an incredibly busy time at work for me and he misread it thinking we had between 45 and 20 days, not realizing that they have to RESPOND within 20 days of receipt of our CCP 96. I wanted to throw up when I discovered this on Sunday!

Any way to recover this? I have been reading all kinds of examples and cases on the forums and all include a CCP 96; not many examples of NOT having done the CCP 96.

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