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Phase 2 - Case Management Hearing - CACH LLC vs. ME!


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Hi Everyone, 

 

I've been dealing with CACH LLC. and filed my answer in court for a limited case in California. You can see the details of my case and answer in the below post. (Couldn't remember my password...so it's a new screen-name.. STILL ME :)

 

http://www.creditinfocenter.com/community/topic/318597-need-some-help-with-response-to-complaint-from-cach-llc-please-details-included/?hl=cachstrapped#entry1223387

 

Now... I have a Case Management Conference tomorrow and I was curious what I need to expect. I actually didn't file the Case Management Statement in time, but after calling the court they let me know that likely the judge would accept it if served at the time of the initial meeting.

 

I have no problem with that form, the only issue is it's asking me to call out what type of discovery I might do. My general response has been.. "I have no info or documentation on the account". For this...should I list Request for Production of Documents, Request for Admissions and Special interrogitories?

 

Or is it in my best interest to not go forward with discovery as I am the defendant?. 

 

 

And finally.... What the heck should I expect at my Case Management Hearing? 

 

Any and all info is greatly appreciated :)

 

Thank you, 

 

J

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Hi Everyone, 

 

I've been dealing with CACH LLC. and filed my answer in court for a limited case in California. You can see the details of my case and answer in the below post. (Couldn't remember my password...so it's a new screen-name.. STILL ME :)

 

http://www.creditinfocenter.com/community/topic/318597-need-some-help-with-response-to-complaint-from-cach-llc-please-details-included/?hl=cachstrapped#entry1223387

 

Now... I have a Case Management Conference tomorrow and I was curious what I need to expect. I actually didn't file the Case Management Statement in time, but after calling the court they let me know that likely the judge would accept it if served at the time of the initial meeting.

It should be very short. The lawyer will probably be a fill in rent a lawyer that does not know anything about the case (which is against the rules) but I would not press the issue since you did not file the cmc statement on time (a sactionable offense) The judge will probably just ask how the case is going, and maybe when will it be ready for trial. They will not go over evidence or any arguments at this time. I would mention that you plan to conduct discovery.

 

I have no problem with that form, the only issue is it's asking me to call out what type of discovery I might do. My general response has been.. "I have no info or documentation on the account". For this...should I list Request for Production of Documents, Request for Admissions and Special interrogitories?

I would mention that defendant plans to send discovery. I would send them request for productions of documents. This is not something you can just request in the cmc statement.

 

Or is it in my best interest to not go forward with discovery as I am the defendant?. 

I would think that since you are the defendant you would want to go forward with the discovery. Just short & simple request for productions of documents.

 

 

And finally.... What the heck should I expect at my Case Management Hearing? 

answered at top of post. You may get an idea of what your judge is like (if it is the same judge you have for trial) Not much should happen here, but you might get a trial date or another cmc date.

 

Any and all info is greatly appreciated :)

 

Thank you, 

 

J

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Thanks, Anon Amos. 

 

Yeah, I kind of screwed the pooch by not submitting my CMS. But, the clerk at the court I spoke to just told me to be apologetic, accept responsibility for the error, come prepared and let him know that another error won't happen again. Not a great place to start, but I'm confident I can at least get back to neutral. 

 

Good to know the CMC shouldn't be anything too big. 

 

But, I know I've got a lot more to do...

 

I need to respond to Requests for Admissions, Requests for Documents and Special interrogatories this weekend and create/file my own requests for documents. But thankfully I've seen some great info here. 

 

Thank you again, that let me get a little sleep hopefully :)

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I need to respond to Requests for Admissions, Requests for Documents and Special interrogatories this weekend and create/file my own requests for documents. But thankfully I've seen some great info here. 

 

 

This is more important, you don't want to be late with this. A general rule of thumb is: deny everything, produce nothing.

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Thanks Anon, 

 

Those need to be completed in the next couple of weeks and sent out. 

 

I spoke with the Judge this morning and I got very lucky it appears. A great and reasonable man, he honestly just chuckled when I said I didn't have the CMS. Their Lawyer was a total joke rent-a-lawyer (in there representing midland too). He said it seems I was still more prepared than the other counselor. Which I thought was classic. 

 

Off to a good start, but like you said..the RfA RfpD are all a lot more important here.

 

Thanks again! To be continued!

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Thanks Anon, 

 

Those need to be completed in the next couple of weeks and sent out. 

 

I spoke with the Judge this morning and I got very lucky it appears. A great and reasonable man, he honestly just chuckled when I said I didn't have the CMS. Their Lawyer was a total joke rent-a-lawyer (in there representing midland too). He said it seems I was still more prepared than the other counselor. Which I thought was classic. 

 

Off to a good start, but like you said..the RfA RfpD are all a lot more important here.

 

Thanks again! To be continued!

It sounds like you have a great judge, that is going to make a big difference. Make sure you send them your discovery   as well. Request for production of documents.

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Yeah, he was very understanding.

 

It didn't hurt that there were 2 other CMCs for personal injury suits ahead of us, so the JDB lawyer let the clerk know that he'd step out for a second, but  be back in 10 minutes. They said no problem and he ducked out.

 

Well the 2 case meetings wrapped in almost exactly 10 minutes and the JDB lawyer was no where to be found. For 15 minutes the clerk was emailing other clerks to see if he was in their court. Turns out he was jumping around to about 5 different cases at the same time.

 

He was ultimately 15 minutes late and the judge took a brief recess because he was tired of waiting for this guy.  I SOOOOO wish my trial was today. But, alas, I don't think the JDB's will let me down, I think I'll have another opportunity to watch this judge scowl at them :).

 

 

This is the type of people we're dealing with, and it appears through my end that at least some judges are tired of it. Being polite, punctual and professional helped me a lot already! 

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Yeah, he was very understanding.

 

It didn't hurt that there were 2 other CMCs for personal injury suits ahead of us, so the JDB lawyer let the clerk know that he'd step out for a second, but  be back in 10 minutes. They said no problem and he ducked out.

 

Well the 2 case meetings wrapped in almost exactly 10 minutes and the JDB lawyer was no where to be found. For 15 minutes the clerk was emailing other clerks to see if he was in their court. Turns out he was jumping around to about 5 different cases at the same time.

 

He was ultimately 15 minutes late and the judge took a brief recess because he was tired of waiting for this guy.  I SOOOOO wish my trial was today. But, alas, I don't think the JDB's will let me down, I think I'll have another opportunity to watch this judge scowl at them :).

 

 

This is the type of people we're dealing with, and it appears through my end that at least some judges are tired of it. Being polite, punctual and professional helped me a lot already! 

That's typical of a jdb lawyer, however, dealing with CACH; later in the game you will get a better lawyer, the closer it gets to trial. They use fill in lawyers (who are already at the court) for the small stuff like CMC's. You will probably have to go to a mandatory settlement hearing later, where they will bring in a better lawyer, who will be from the law office. You have to fight CACH hard before they give up.

There are some courts (Santa Clara for one) that do not like the jdb's taking over the courts, others have just become an extension of the debt collection industry.

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