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Tococattle

need help with special interrogatory questions 1 and 2 and attachments

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Yes, write the motions on the pleading paper forms. Look here or google samples of motions to strike / preclude evidence, and for samples of objections to the ccp 98 declaration. You also send a "notice to appear in lieu of subpoena to the declarant (the one who testifies in the declaration in lieu of live testimony). You may be able to look at your courts website and find cases that were fought and see examples, or you may have to go to the clerk to see them, but you need to see some examples so you know how they look.

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I received new papers yesterday for the law office that is suing me.  I received NOTICE TO ATTEND, DECLARATION INLIEU OF DIRECT TESTIMONY AT TRAIL.   EXHIBIT A--- Bill of Sale and assignment EXHIBIT—Card Agreement  EXHIBIT C Citi Card Statement last time I paid on the   CC  was 11/18/2008.  The total CC line was 5940 but the charges are for 7007.36.  They also sent me from DISC 015

  1.  The names and street address of witnesses you intend to call at trial
  2. A description of each document that you intend to offer at trail.  attach a copy of each document available to you
  3. A description of each photograph and other physical evidence you intend to offer at trail
  4. Proof of service request for statement of witness and evidence

Please help

I now have 20 day to submit to them. 

Hey tc,

 

calm down. it's good that they sent you their declaration in lieu w/exhibits. this will give you time to review it and prepare a motion in limine to barr the introduction of the declaration w/exhibits. However, you will need to send a CCP 96 I think it's 45 days out. I sent mine on the 35th day and was able to knock out declaration w/all exhibits as well as the statements they didn't provide at the BOP stage. Follow your local rules of court when you need to have the MIL  to the otherside and to the judge..so do that...now as for the notice to produce...this is like the rfp's. You will need to object and the reason for the objection...I got one of these too and I objected to everything except to provide proof of my identity like my driver's license...Calawyer told me the JDB won't spend teh money to motion to compel and he was correct...however I would run this by calawyer first...

 

hth

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what is BOP and MIL , rfp's , JDB

BOP = Bill of particulars

MIL = motion in limine

rfp's = request for production (of documents)

JDB  = bottom feeder aka junk debt buyer

 

And yes they are acronyms, which must have been very helpful.

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what is BOP and MIL , rfp's , JDB

 

Haha. They are acronyms. Haha

 

BOP  =  Bill of Particulars

MIL    =  Motion in Limine

RFP   =  Request for Production of Docs

JDB    =  Junk Debt Buyer

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Does the CCP go on pleading paper? do I just send it to the plantiff and not the court?

Not sure what the question is. What is it you are sending? CCP = Civil Code of Procedure.

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Not sure what the question is. What is it you are sending? CCP = Civil Code of Procedure.

CCp 96 .  I'm confused what goes on this.   i need to file an objection to the declaration.

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I just looked at the bill of sale and assignment that they sent me.

it states when it was purchased but.  It does not have my name or account  on it. 

is that good?

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BOP = Bill of particulars

MIL = motion in limine

rfp's = request for production (of documents)

JDB  = bottom feeder aka junk debt buyer

 

And yes they are acronyms, which must have been very helpful.

 

 

Sorry, couldn't resist that one. You'd think that after 78 posts they'd have a clue.

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I just looked at the bill of sale and assignment that they sent me.

it states when it was purchased but.  It does not have my name or account  on it. 

is that good?

 

It is typical. They will use the affidavit to try to tie your account to that bill of sale. You must object to that. Make it part of your opposition to their MSJ (motion for summary judgement). If they haven't filed an MSJ... they will.

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CCp 96 .  I'm confused what goes on this. 

You need to send one to them. form DISC-015 you can download it www.courtinfo.ca.gov  As far as answering theirs: all you have to say is: any witnesses called and evidence used will be for impeachment purposes only.

 

  i need to file an objection to the declaration.

You certainly do. Also you need to send a notice to appear in lieu of subpoena CCP 1987 (download the form) to the lawyers office, requesting the declarant (the person who testified in the declaration) to attend the trial. I would also write an oposition the their declaration, objecting line for line everything they say.

I would also file an affidavit of your own, disputing everyhting they say in their affidavit, use their affidavit as a template so you know how it should look. You have a lot of writing and filing to do.

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Sorry, couldn't resist that one. You'd think that after 78 posts they'd have a clue.

I can't say that  I didn't see the humor in it.

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ok i'm playing stupid.  All these forms are blurring together.  I need to know exactly what ccp 98 or 96 i need.   disc 015 what do i need on this.  ?I have tried to find example to go by.  I have serveral half done.  I don't know the lawyer terms to use. 

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I HAVE DONE THE DISC 015 .  WHEN I RESPOND TO THEIR DIS015 I PUT IT ON PLEADING PAPER WHAT IS THE FORMAT .  iS THAT CORRECT?

I CAN NOT FIND EXAMPLES

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ok i'm playing stupid.  All these forms are blurring together.  I need to know exactly what ccp 98 or 96 i need.   disc 015 what do i need on this. 

The disc 015 is the ccp 96 form that you send them, you just fill it out and send it. It is also the one that they sent you that you are supposed to answer.

 

 

 

?I have tried to find example to go by.  I have serveral half done.  I don't know the lawyer terms to use. 

I don't think you need examples, it's a form, you add your case info to the top of it and send it to them. You could redact personal info and post it if you are still having trouble (so we can see what the problem is).

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I HAVE DONE THE DISC 015 .  WHEN I RESPOND TO THEIR DIS015 I PUT IT ON PLEADING PAPER WHAT IS THE FORMAT .  iS THAT CORRECT?

I CAN NOT FIND EXAMPLES

Just make it look like a standard motion on pleading paper, ASTMedic has some on here that you can use as an example, or you can just use the disc-015 form as an example and write it on pleading paper. Just 1 page. Label it "defendant's response to plaintiff's request for witness and evidence under CCP 96"

 

Then you write "witnesses and evidence used by defendant will be for impeachment only and need not be included, under Code of Civil Procedure section 96"

 

And that's it. Make copies for yourself and send it to the lawyer with a proof of service. I would send it certified mail.

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You're welcome. I was going to post and see how you are doing, but I guess you got it under control.

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Amy L. Gordon Esq  SBN 143560

Mitchell L Wong SBN 170856

Andrew Ford 237481

Gordon & Wong Law Group

1485 Treat Blvd. Suite 102

Walnut Creek, Ca. 94597

Telephone: 605-583-9399

in Pro Per

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF STANISLAUS SUPERIOR COURT

 

 

CAPITAL ONE BANK,

                        Plaintiff,

            vs.

 

Pro Per,

                        Defendant

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)

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)

)

)

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Case No.

 

 

DEFENDANTS NOTICE OF MOTION, MOTION IN LIMINE, MEMORANDUM OF POINTS AND AUTHORITIES, AND DECLARATION OF Pro Per

 

DATE:  MARCH

 

TIME:   8:30 am

DEPT:   21

Hon. WILLIAM A. MAYHEW

 

ORAL ARGUEMENTS REQUESTED

 

       "defendant's response to plaintiff's request for witness and evidence under CCP 96"

 

"witnesses and evidence used by defendant will be for impeachment only and need not be included, under Code of Civil Procedure section 96"

 

 

 

 

Executed at

 

 

 

 

 

 

 

 

                   Pro Per

             In Propria Persona

 

 

 

 

 

how does this look . I will put in on pleadinf paper?

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can anyone look at this so i can send it today PLEASE

It's not ready to send today.It looks like you have a few ideas mixed into one. Is that your response to their request for witness and evidence ccp 96? And did you send them the disc-015 as well ?

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