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help with request for documents in california


dbsf
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does anyone have a sample form for defendant's first request for production of documents to JDB?  i searched everywhere for some guidance on how to draft discovery, but no luck so far.  

 

thanks for any assistance.

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Both LegalEagle and BV80 have posted some good stuff. Both address the account stated issues if they arise.

 

 

Fourteen Basic Requests for Production of Discovery

(Defendants Requests for Documents from Plaintiff)

 

Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitimacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."


13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

14. The forward flow document governing this transaction. 

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does anyone have a sample form for defendant's first request for production of documents to JDB?  i searched everywhere for some guidance on how to draft discovery, but no luck so far.  

 

thanks for any assistance.

 

First off what is the complaint for? Account stated, money lent, ect.?

 

I have said docs ready but we don't want to send you in the wrong direction.

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Hello dbsf and welcome to the forum.  As you have already found out from Huey Pilot and ASTMedic, there are a lot of great people on here ready, willing and able to help.

 

As ASTMedic said, no one want to lead you in the wrong direction so it would be a big help if you answered the questions located HERE first so everyone has all the info.

 

With regard to POD (Production of Documents), for us Californians, it has been recommended by a California attorney, who helps on this site, to keep you document requests to a minimum.  The reason for this is two fold. First, you are going to basically get back junk anyway and they won’t provide most of what you asking for and second, when filing a motion to compel to get the documents you really need and want, you must address each document request individually in your motion and it make for a great deal of work if you have a long list.  So his recommendation in California is less is more.

 

The suggestion has been 3 or 4 requests.  In mine, I made 6 requests.  My 6 requests were specifically related to the claims made by plaintiff in their complaint.

 

My POD is HERE you want to download it and edit as you see fit.

 

I hope this helps and good luck,

 

rt

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The suggestion has been 3 or 4 requests.  In mine, I made 6 requests.  My 6 requests were specifically related to the claims made by plaintiff in their complaint.

 

I did this as well. I've sent off two requests so far. The first one was a broad request for "everything" and they essentially sent me bupkis, denials and nothing (which was totally expected). The second request was based off their responses to my first sets of discovery.

 

The key is to box them in with their own responses. The firm handling the case I have atm said something (in their discovery response to me) to the effect of:

 

"Defendant used the card and made payments on it so Plaintiff's complaint is valid."

 

So then you ask in further discovery:

 

"Show me the payments I made"

"Show me proof that I used the card."

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