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Went to case management conference and...


gymy
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Whats up everybody. so here's my original post a few months back explaining my case and situation when i first was served:

 

http://www.creditinfocenter.com/community/topic/317429-to-quash-or-just-answer/#entry1205909

 

Since then I sent a BOP to the plaintiff and I received this response: 

 

Plaintiff objects to this demand to the extent that it is vague, ambiguous, and overly broad. Plaintiff further objects as many of the documents sought are equally available to, or are already within the possession of the defendant. Without waiving these objections, and subject thereto, plaintiff responds as follows: (they attached a few documents which look like printed out statements and a bill of sale showing they have been assigned the debt from wells fargo). Then they go on to say that they fail to comply with my demand for BOP in whole because the requested items have been destroyed, lost, misplaced, stolen, or no longer in their possession. Also they have requested further documents from their assignor.  :blah:

 

So next comes the case management conference(earlier this week), which I didn't file my case management statement in time because i'm an idiot. The plaintiff however did file it a few weeks back but they stated that they actually took part in a meet and confer session with me when I have never even heard from them. So I show up to the court expecting to explain myself and to try and object to their case management statement which states that we had a meet and confer when we never did. Also explain how discovery is still ongoing. When I go to sign in with the clerk, I am told the plaintiff is not there and the trial date has already been set months from now. I am told that I could leave. My question is:

 

Should I still file a case management statement? Did this happen because I didn't file mine 15 days prior to the conference? Just want to get an idea of what to do next. Any opinions would be appreciated

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You first say you didn't file it on time and then say you never filed it. I'm taking it you never filed it?

 

You can't do this stuff and expect to win. I'm not trying to be rude but you MUST take this more seriously. Stuff like this will cause you to loose. You should have a calendar with the dates that things need to be filed to prevent this.

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Since then I sent a BOP to the plaintiff and I received this response: 

 

Plaintiff objects to this demand to the extent that it is vague, ambiguous, and overly broad. Plaintiff further objects as many of the documents sought are equally available to, or are already within the possession of the defendant. Without waiving these objections, and subject thereto, plaintiff responds as follows: (they attached a few documents which look like printed out statements and a bill of sale showing they have been assigned the debt from wells fargo). Then they go on to say that they fail to comply with my demand for BOP in whole because the requested items have been destroyed, lost, misplaced, stolen, or no longer in their possession. Also they have requested further documents from their assignor.  :blah:

 

 

Are you sure you sent a BOP request and not a Request for Production of Documents?? They answered your request in the format of a Discovery request than a BOP request.....please clarify...and yes you should still file your statement....and send the other side your statement...because their is pertinent information that the Courts want to know...ie...when will your discovery be complete...will you be filing motions...do you want a jury or bench trial...even though trial date has already been set....and btw-did you get a copy of their cmc statement?  If not....call them on it...you should get a copy..

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what happened is the court basically said yeah yeah to the status conference and set trial. I wouldn't worry too much about it just make sure you get the next one in on time. You should check the courts website to find out what is happening with that.

 

I do agree you made an error and every error is bad, This time you dodged a bullet because the court could have sanctioned you with cash sanction, or striking your pleading.

 

Moving on, you have 100's of winning posts here so get your slot car in the slot and get to racing.

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You first say you didn't file it on time and then say you never filed it. I'm taking it you never filed it?

 

You can't do this stuff and expect to win. I'm not trying to be rude but you MUST take this more seriously. Stuff like this will cause you to loose. You should have a calendar with the dates that things need to be filed to prevent this.

 

Yes you are right. I've got a lot of things on my plate right now but I shouldn't have any excuses for this. Thanks for the advice.

 

Are you sure you sent a BOP request and not a Request for Production of Documents?? They answered your request in the format of a Discovery request than a BOP request.....please clarify...and yes you should still file your statement....and send the other side your statement...because their is pertinent information that the Courts want to know...ie...when will your discovery be complete...will you be filing motions...do you want a jury or bench trial...even though trial date has already been set....and btw-did you get a copy of their cmc statement?  If not....call them on it...you should get a copy..

 

Yes it was a BOP request. I got the template from reading a few threads from other members which helped me a lot. That was there response to my BOP. It came in 3 parts:preliminary statement(where they said i haven't completed discovery or preparation for the trial and they reserve the right to supplement or amend these responses or present additional facts and contentions at a later date), objections(they object on the grounds that the account stated is a new agreement by the parties which supersedes the original contract and account. Any action on it is therefore based on the final balance agreed on by the parties and not the original individuals items of account, therefore itemization of the account is not applicable), and their response which I posted(not word for word).

I did get their copy of CMC statement

 

what happened is the court basically said yeah yeah to the status conference and set trial. I wouldn't worry too much about it just make sure you get the next one in on time. You should check the courts website to find out what is happening with that.

 

I do agree you made an error and every error is bad, This time you dodged a bullet because the court could have sanctioned you with cash sanction, or striking your pleading.

 

Moving on, you have 100's of winning posts here so get your slot car in the slot and get to racing.

 

So even though there is no other CMC scheduled I should still file one right. I read that I could have been fined a few hundred bucks for making this error and i'm glad i dodged that bullet for now. 

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When is the trial date? also you said they gave a response to your BOP they are stuck with that. now you must work on your organization, and learning the issues. It will help if you sit down and look at each document and find out every error that it has and write it down. You can learn the issues that way. write down what is wrong and then see what issues you can get it excluded on.

 

You can do this just get a calendar and circle dates and things. also make a case binder and everything goes into it sequentially. Then make little write ups summarizing each document so you can see what you have to fight.

 

I think you dodged a bullet but a big mistep like that might make them try the Motion for Summary Judgment bit. They are using the time to work on other cases so maybe it is time to get into discovery they don't want to give, like details of the witnesses, that forward flow purchase agreement, Their organizational structure, stuff they don't want to give. also maybe admissions like this:

 

1. Admit that plaintiffs have been enjoined from filing affidavits which are misleading.

2. Admit that plaintiffs did not have relevant documents in their possesion prior to<date of suit filing>.

3. Admit that plaintiffs have been fined by governmental  entities for violations of federal and state law.

4. Admit that plaintiffs have dismissed cases in the past due to records inaccuracies.

5. Admit that plaintiffs are not a regulated bank under the Federal Banking Act.

6. Admit that plaintiffs employees are idiotic douchebags who frequently lie in court.

7. Admit that plaintiffs contacted defendants employer more than 1 time concerning defendant.

8. Admit plaintiffs are not in possesion of the original documents relative to the alleged account

9 Admit that plaintiffs purchase unverified recievables that are not warranteed for accuracy, or validity.

10. Admit that the plaintiffs employees cannot authenticate documents of another entity.

11. Admit that the alleged account is subject to a choice of law clause for the state of <insert applicable one>

12. Admit that the alleged account is subject to an arbitration agreement clause.

13. Admit that plaintiffs have a full and complete copy of the Forward Flow Purchase Agreement for the group of alleged accounts that plaintiff alleges is part of the receivables purchased on <date on the Bill of sale>.

14 Admit that plaintiff has in the past filed Declarations of Service that included false statements.

15. Admit that plaintiffs have filed false affidavits in this state and other states.

16. Admit that plaintiffs have never paid more than 8% of the face value for any receivables from any source.

17. Admit that Plaintiffs employees have used names different than their own to sign affidavits.

18. Admit that employees of plaintiff receive compensation for signing more than their quota of affidavits for the week.

19. Admit that plaintiffs assignors have destroyed records for the alleged account at issue.

20 Admit that plaintiffs assignors have not given permission to sue on the alleged account.

21 Admit that plaintiffs assignors have required plaintiffs to comply with the FDCPA, the FCRA, the FCBA.

22. Admit that Plaintiffs assignors did not supply affidavits for authentification of documents.

23. Admit that Plaintiffs have violated Federal Statutes related to Debt Collection in the past.

24. Admit that pl;aintiffs had no documents in it's possesion prior to the initiation of the present suit.

25. Admit that plaintiffs are not allowed to collect interest in excess of the amount listed for <this state and this amount>

 

Those ought to get you started I wouldnt send number 6 though.

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6. Admit that plaintiffs employees are idiotic douchebags who frequently lie in court.  :ROFLMAO2:

 

Trial is set for end of may. I need to get organized and the binder/calendar idea is great. I will get on that and start getting into discovery. The more time I spend on here the more confident I feel. 

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They still might file a MSJ...May is quite a bit of time. The Plaintiff not showing for a case management conference? That is a big no-no, the court should sanction the Plaintiff for not showing at a court mandated conference.

 

There is alot of good that just happened by them not showing....One, the judge is going to be ticked off at them. Especially if they did not call the court and you to notify the parties. Two, this could mean that by not showing they will drop the case prior to trial. Three, it sets the table for you to file your own MSJ. The judge will not want to deal with an attorney ho does not follow a court order. I would ask on top of the case being dismissed for the Plaintiff to pay you lost wages by having to take time off of work only to find out that they did not show.

 

I have been through a CMC...it is a panel of 3 attorneys trying to decide how much the case is worth and what issues are left to decide. After a joint meeting with each party, they typically allow each party to discuss issues individually. I took them up on that offer and had a 10-15 minute conversation with them. The Plaintiff did not, but the attorney kept peaking in the window. After I was done, I waited for their written opinion. It came back that they thought the Plaintiff should be awarded $0. When the attorney received her copy, she walked past me, made a nasty remark and stormed off. I shouted out to her on her way out of the office, to have a nice a day trying to explain to your boss that your case is just about dead and you are getting beat by a self-represented consumer. Then I showed a couple other attorneys that were there waiting my outcome and they told me great job!!! Are you an attorney? I said no, they said if you were able to beat an attorney that bad, you should consider going to law school.

 

The Plaintiff dismissed the case shortly after that with prejudice.

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I have been through a CMC...it is a panel of 3 attorneys trying to decide how much the case is worth and what issues are left to decide. After a joint meeting with each party, they typically allow each party to discuss issues individually. I took them up on that offer and had a 10-15 minute conversation with them. The Plaintiff did not, but the attorney kept peaking in the window. After I was done, I waited for their written opinion. It came back that they thought the Plaintiff should be awarded $0. When the attorney received her copy, she walked past me, made a nasty remark and stormed off. I shouted out to her on her way out of the office, to have a nice a day trying to explain to your boss that your case is just about dead and you are getting beat by a self-represented consumer. Then I showed a couple other attorneys that were there waiting my outcome and they told me great job!!! Are you an attorney? I said no, they said if you were able to beat an attorney that bad, you should consider going to law school.

 

The Plaintiff dismissed the case shortly after that with prejudice.

 

I think what you're talking about isn't a CMC like we have here in Cali. Our CMC is just a BS "how is everything going" appearance before the judge. No assessment is done about the case usually.

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In california the court will only address issues that are raised. In my first case I brought up the discovery responses by saying" Respectfully your honor I request a ruling on some of plaintiffs discovery responses, they have made some objections for stuff I need to defend" she looked the responses over and said "Plaintiff is to produce number 1, 2 and 18 by the following date". Plaintiffs counsel; was very angry about that because their response said objection vague , ambigous, vexatious and harrasing. The court was ruling and the baliff picks up the pen and handed it to me telling me to write it down so I did.

The attorney was pissed that I basically got a motion to compel without filing a motion and they got ambushed 60 days before trial.

so you need to put issues to the fore front during CMC.

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You do not need to send a CMC statement if the CMC has already been held.  If the Court schedules another one, you will want to be sure to file your own statement.

 

With all due respect to SD, I would not send out 20+ RFAs.  I think you should always look good in Court.  It is hard to file a motion to compel for many people.  So I would only send essential discovery.  Discovery for which you are willing to file a motion to compel if you get nothing but objections.  Especially RFAs, RFPs, and Rogs where you have to file a separate statement listing the discovery, the response, and a reason why a further response should be compelled.'

 

In my view, essential discovery is the agreement, all statements and the assignment agreement.  If you don't thnk you have it in you to file a motion to compel if plaintiff doesn't respond, then wait and serve a CCP 96 demand no more than 45 days or less than 30 days prior to the date first set for trial.

 

But you have already served a BOP and you have received an insufficinet response.  I would write a meet and confer letter demanding all statements.  THe code says they must furnish the account to you in 10 days.  THere is no "extension of time" for getting documents from the original creditor.  THis is plaintiff's business practice: suing to recover debts allegedly owed to someone else.  And it chooses to do so in California which has CCP 454.  It should come to the game ready to play.

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To be sure I put out an admissions buffet but just to get people thinking of the possibilities because as Calawyer says send 20 of these would be a hassle to compel. but there are some good ones in there. So maybe pick a few that would trash their case and then do all the stuff.

 

I think we have found out that the utility of CCP454 is to prevent stuff coming in the back door.

 

So reinforcing Calawyers point lets all not send these admissions as boilerplate because the Objection machine will be on full auto for those.

 

Sorry I put out so many, I just got on a roll and once again DO NOT send number 6 it was a heavy hearted joke.

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