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BlackMetallic

Need help with responses to requests for discovery

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HI, I've been sued by GCFS, and, although I have been able to find plenty of great info, including most discovery responses I've included here, in this thread:

 

http://www.creditinfocenter.com/community/topic/310867-being-sued-by-gcfs-answered-complaintnext-step/?hl=gcfs

 

I am still trying to wrap up some loose ends, and am still not sure how to respond to the 4 document requests (listed below). I don't really have any of the docs they're asking in my posession, but am wondering if I should object. One of the causes of action they're suing me on is breach of contract, and I think they should have the docs they're asking me about in their own business records.

 

 

Anyway, here is the case info first:

 

1. Who is the named plaintiff in the suit?

 

GCFS, Inc.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

 

Legal Department of GCFS, Inc.

3. How much are you being sued for?

 

12K - balance

2K for the attorney fees 

and all of the accumulated interest after alleged breach.



4. Who is the original creditor? (if not the Plaintiff)

 

Not plaintiff. Plaintiff's a JDB who boiught the account from another JDB, who bought from the OC.

Prefer not to be more specific about the OC name due to the reasons of privacy


5. How do you know you are being sued? (You were served, right?)

 

I was served.



6. How were you served? (Mail, In person, Notice on door)

 

I was served in person.

7. Was the service legal as required by your state?

 

I assume so, but it is really beyond my scope of knowledge.

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

 

Sent a DV letter.

9. What state and county do you live in?

 

State: California

County: Prefer not to answer (privacy)


10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

 

The complaint alleges breach of contract in Sept. of 2010


11. What is the SOL on the debt?

 

I believe it's 4 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

 

Suit Served.

Defendant Answered.

Defendant filed motion to strike interest and attorney fees from the complaint.

Plaintiff opposed the motion

Plaintiff sent discovery request

Defendant sent a demand for Bill of Particulars

Motion to strike denied

Defendant sent request for production of documents, set one.

13. Have you disputed the debt with the credit bureaus (both the original cre

ditor and the collection agency?)

 

I have not.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

 

Yes.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming.

 

Had 30 days to answer. Filed an answer within the time limits.

 

16.We need to know what the "charges" are. Please post what they are claiming. Common counts, account stated,breach of contract,for money received on behalf of the plaintiff, open book account,unjust enrichment.

 

- Breach of Contract

- Common Counts

- Other Allegations

 

17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

 

- It is unverified.

 

18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?

 

- Yes, about a little over two weeks ago.

 

19. What evidence did they send with the summons?An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

No evidence sent with the summons. They actually sent some "evidence" (exhibits) with their discovery package.

Here is what they sent:

 

(1) Bill of Sale and Assigments of Assets (OC to 1st JDB),

(2) Notarized Afidavit of Sale & Balance (1st JDB to 2nd JDB),

(3) Another Bill of Sale doc (from 1st JDB to the 2nd JDB),

(4) another notarized statement signed under penalty of perjury, supporting the 2nd bill of sale

(5) some weird, electronic looking record that shows my name, the OC info and the CC info, and that the account was sold to the 1st JDB.

 

******************

 

Now the requests for discovery:

 

 

Form Interrogatories:

--------------------------

 

X 102.1 State your name, any other names by which you have been known and your ADDRESS

Lenny Lasagna

 

X 102.2 State the date and place of your birth

OBJECTION - Irrelevant and immaterial to the instant action

X 102.4 State each residence ADDRESS for the last 5 years and the dates you lived at each ADDRESS.

Lenny Lasagna

1234 Prosciutto Ct.

Antipasto, CA  92333

X 102.5 State the name, ADDRESS, and telephone number each employer you have had over the past five years and the dates you worked for each.

OBJECTION - Irrelavant and not likely to lead to admissible evidence
__________________________________________________ _____________
page 3/4 FORM INTERROGATORIES-LIMITED CIVIL CASE (Economic Litigation)
115.0 Claims and Defenses

115.2 State in detail the facts upon which you base your contention that you are not responsible in whole or in part for plaintiff's damages.

OBJECTION - argumentative and lacking in foundation.
__________________________________________________ ______________
page 4/4 FORM INTERROGATORIES-LIMITED CIVIL CASE (Economic Litigation)
nothing was marked with "X"

 

 

Requests For Admission

-------------------------------

 

RESPONSES TO REQUESTS FOR ADMISSION

Request No. 1:

GCFS is, and was at all times material to the subject matter of this lawsuit, a corporation qualified to do business in California

Response to Request No. 1:

OBJECTION – The request calls for Defendant to make a legal conclusion.

 

Request No. 2:
GCFS is, and was at all times material to the subject matter of this lawsuit, the owner and holder of all rights, title, and interest in the ACCOUNT

Response to Request No. 2:

OBJECTION – The request calls for Defendant to make a legal conclusion.


Request No. 3:
GCFS is the final successor-in interest to BANK on the ACCOUNT
Response to Request No. 3:
DENIED - Defendant will be propounding this during discovery

 

Request No . 4:
the AGREEMENT contains the terms and conditions that govern the ACCOUNT

Response to Request No. 4:
DENIED to the extent that Defendant avers that the “agreement” attached to the request does not apply to Defendant, or ever did, in any provable manner.

 

Request No. 5:
the AGREEMENT contains provision that YOUR use of the CREDIT CARD is acceptance of the terms and conditions of the AGREEMENT.
Response to Request No. 5:
DENIED to the extent that Defendant avers that the "agreement” attached to the request does not apply to Defendant, or ever did, in any provable manner.


Request No. 6:
BANK issued YOU the CREDIT CARD
Response to Request No. 6:
DENIED - Defendant will be propounding this during discovery.

 

Request No. 7:
YOU used the CREDIT CARD to purchase goods and/or services on the ACCOUNT
Response to Request No. 7:
DENIED - Defendant will be propounding this during discovery.


Request No. 8:
YOU E-SIGNED the AGREEMENT by using the CREDIT CARD.

Response to Request No. 8:
DENIED - Defendant will be propounding this during discovery.

 

Request No. 9:
On or about 9-29-2010 YOU breached the AGREEMENT
Response to Request No. 9:
DENIED - Defendant had not been provided the alleged agreement.


Request No. 10:
The BANK performed all obligations to YOU pursuant to the terms of the AGREEMENT, except those obligations which they were excused from performing.
Response to Request No. 10:

OBJECTION - Lacks foundation. No "obligations" of any bank are known to Defendant, therefore Defendant cannot admit or deny.


Request No. 11:
BANK suffered damages caused by YOUR breach of the AGREEMENT in the sum of $12,000.00 together with the agreed interest rate of 11.11 per annum from 11-11-2010
Response to Request No. 11:

OBJECTION - The request calls for Defendant to make a legal conclusion. Damages caused by an alleged breach of an unproven agreement are matters for the Court to decide.

 

Request No. 12:

YOU became indebted to BANK within the last four years.
Response to Request No. 12:
DENIED - Defendant will be propounding this during discovery.

 

Request No. 13:
An account was stated in writing between the BANK and YOU.
Response to Request No 13:
DENIED - Defendant will be propounding this during discovery.

 


Request No. 14:
It was agreed that YOU were indebted to the BANK in the sum of $12,000.00
Response to Request No 14:

DENIED - Defendant will be propounding this during discovery.


Request No. 15:
YOU have no valid affirmative defenses to the causes of action in PLAINTIFF'S complaint.
Response to Request No. 15:

DENIED

 

 

Requests For Production of Documents

--------------------------------------------------

4 item requests..


1- all correspondence sent by Defendant regarding Daffy Duck credit card account number xxxx
2- All documents and correspondence including billing statements, Defendant received regarding the above stated credit card account
3- All documents showing that Defendant is not indebted to Plaintiff in the sum of $12,000 (plus interest) or in any sum at all.
4- Copies of any and all documents that support or evidence all affirmative defense that Defendant intends to raise against Plaintiff's complaint

 

I am not sure how to properly raise objections to the document requests here, so any feedback is very much appreciated.

 

I've alse been planning to use the following General Objections:

 

GENERAL OBJECTIONS

  1. Defendant objects to the discovery requests to the extent the requests are argumentative, lacking in foundation, and calling for a Defendant to make legal conclusions.

  2. Defendant objects to the discovery requests to the extent that the requests are overbroad, unduly burdensome, or require unreasonable efforts or expense on behalf of the Defendant.

  3. Defendant objects to the discovery requests to the extent that requests seek information that is not relevant to the subject matter of this litigation and not reasonably expected to yield information relevant to the the allegations of the complaint.

  4. Defendant objects to the discovery requests to the extent the requests are vague or ambiguous.

  5. Defendant objects to the discovery requests to the extent that what is being asked for in the requests should be a part of Plaintiff's regular business records.

  6. Defendant objects to the discovery requests to the extent the requests do not adequately define terms used in them.

  7. Defendant objects to the discovery requests to the extent the discovery sought is cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive.

 

And for the discovery responses here in California, do I need to add some sort of introduction that I have responded to these requests to the best of my abilities? Also, do I need to add the penalty of perjury verbiage like this to each of my responses?

 

"I declare under penalty of perjury, under the laws of the State of California, that all statements contained in this application and any accompanying documents is true and correct..."

 


Any feedback is greatly appreciated. Thanks.

 

 

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HI, I've been sued by GCFS, and, although I have been able to find plenty of great info, including most discovery responses I've included here, in this thread:

 

http://www.creditinfocenter.com/community/topic/310867-being-sued-by-gcfs-answered-complaintnext-step/?hl=gcfs

 

I am still trying to wrap up some loose ends, and am still not sure how to respond to the 4 document requests (listed below). I don't really have any of the docs they're asking in my posession, but am wondering if I should object. One of the causes of action they're suing me on is breach of contract, and I think they should have the docs they're asking me about in their own business records.

 

 

Anyway, here is the case info first:

 

1. Who is the named plaintiff in the suit?

 

GCFS, Inc.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

 

Legal Department of GCFS, Inc.

3. How much are you being sued for?

 

12K - balance

2K for the attorney fees 

and all of the accumulated interest after alleged breach.

4. Who is the original creditor? (if not the Plaintiff)

 

Not plaintiff. Plaintiff's a JDB who boiught the account from another JDB, who bought from the OC.

Prefer not to be more specific about the OC name due to the reasons of privacy

5. How do you know you are being sued? (You were served, right?)

 

I was served.

6. How were you served? (Mail, In person, Notice on door)

 

I was served in person.

7. Was the service legal as required by your state?

 

I assume so, but it is really beyond my scope of knowledge.

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

 

Sent a DV letter.

9. What state and county do you live in?

 

State: California

County: Prefer not to answer (privacy)

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

 

The complaint alleges breach of contract in Sept. of 2010

11. What is the SOL on the debt?

 

I believe it's 4 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

 

Suit Served.

Defendant Answered.

Defendant filed motion to strike interest and attorney fees from the complaint.

Plaintiff opposed the motion

Plaintiff sent discovery request

Defendant sent a demand for Bill of Particulars

Motion to strike denied

Defendant sent request for production of documents, set one.

13. Have you disputed the debt with the credit bureaus (both the original cre

ditor and the collection agency?)

 

I have not.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

 

Yes.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming.

 

Had 30 days to answer. Filed an answer within the time limits.

 

16.We need to know what the "charges" are. Please post what they are claiming. Common counts, account stated,breach of contract,for money received on behalf of the plaintiff, open book account,unjust enrichment.

 

- Breach of Contract

- Common Counts

- Other Allegations

 

17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

 

- It is unverified.

 

18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?

 

- Yes, about a little over two weeks ago.

 

19. What evidence did they send with the summons?An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

No evidence sent with the summons. They actually sent some "evidence" (exhibits) with their discovery package.

Here is what they sent:

 

(1) Bill of Sale and Assigments of Assets (OC to 1st JDB),

(2) Notarized Afidavit of Sale & Balance (1st JDB to 2nd JDB),

(3) Another Bill of Sale doc (from 1st JDB to the 2nd JDB),

(4) another notarized statement signed under penalty of perjury, supporting the 2nd bill of sale

(5) some weird, electronic looking record that shows my name, the OC info and the CC info, and that the account was sold to the 1st JDB.

 

******************

 

Now the requests for discovery:

 

 

Form Interrogatories:

--------------------------

 

X 102.1 State your name, any other names by which you have been known and your ADDRESS

Lenny Lasagna

 

X 102.2 State the date and place of your birth

OBJECTION - Irrelevant and immaterial to the instant action

X 102.4 State each residence ADDRESS for the last 5 years and the dates you lived at each ADDRESS.

Lenny Lasagna

1234 Prosciutto Ct.

Antipasto, CA  92333

X 102.5 State the name, ADDRESS, and telephone number each employer you have had over the past five years and the dates you worked for each.

OBJECTION - Irrelavant and not likely to lead to admissible evidence

__________________________________________________ _____________

page 3/4 FORM INTERROGATORIES-LIMITED CIVIL CASE (Economic Litigation)

115.0 Claims and Defenses

115.2 State in detail the facts upon which you base your contention that you are not responsible in whole or in part for plaintiff's damages.

OBJECTION - argumentative and lacking in foundation.

__________________________________________________ ______________

page 4/4 FORM INTERROGATORIES-LIMITED CIVIL CASE (Economic Litigation)

nothing was marked with "X"

 

 

Requests For Admission

-------------------------------

 

RESPONSES TO REQUESTS FOR ADMISSION

Request No. 1:

GCFS is, and was at all times material to the subject matter of this lawsuit, a corporation qualified to do business in California

Response to Request No. 1:

OBJECTION – The request calls for Defendant to make a legal conclusion.

 

Request No. 2:

GCFS is, and was at all times material to the subject matter of this lawsuit, the owner and holder of all rights, title, and interest in the ACCOUNT

Response to Request No. 2:

OBJECTION – The request calls for Defendant to make a legal conclusion.

Request No. 3:

GCFS is the final successor-in interest to BANK on the ACCOUNT

Response to Request No. 3:

DENIED - Defendant will be propounding this during discovery

 

Request No . 4:

the AGREEMENT contains the terms and conditions that govern the ACCOUNT

Response to Request No. 4:

DENIED to the extent that Defendant avers that the “agreement” attached to the request does not apply to Defendant, or ever did, in any provable manner.

 

Request No. 5:

the AGREEMENT contains provision that YOUR use of the CREDIT CARD is acceptance of the terms and conditions of the AGREEMENT.

Response to Request No. 5:

DENIED to the extent that Defendant avers that the "agreement” attached to the request does not apply to Defendant, or ever did, in any provable manner.

Request No. 6:

BANK issued YOU the CREDIT CARD

Response to Request No. 6:

DENIED - Defendant will be propounding this during discovery.

 

Request No. 7:

YOU used the CREDIT CARD to purchase goods and/or services on the ACCOUNT

Response to Request No. 7:

DENIED - Defendant will be propounding this during discovery.

Request No. 8:

YOU E-SIGNED the AGREEMENT by using the CREDIT CARD.

Response to Request No. 8:

DENIED - Defendant will be propounding this during discovery.

 

Request No. 9:

On or about 9-29-2010 YOU breached the AGREEMENT

Response to Request No. 9:

DENIED - Defendant had not been provided the alleged agreement.

Request No. 10:

The BANK performed all obligations to YOU pursuant to the terms of the AGREEMENT, except those obligations which they were excused from performing.

Response to Request No. 10:

OBJECTION - Lacks foundation. No "obligations" of any bank are known to Defendant, therefore Defendant cannot admit or deny.

Request No. 11:

BANK suffered damages caused by YOUR breach of the AGREEMENT in the sum of $12,000.00 together with the agreed interest rate of 11.11 per annum from 11-11-2010

Response to Request No. 11:

OBJECTION - The request calls for Defendant to make a legal conclusion. Damages caused by an alleged breach of an unproven agreement are matters for the Court to decide.

 

Request No. 12:

YOU became indebted to BANK within the last four years.

Response to Request No. 12:

DENIED - Defendant will be propounding this during discovery.

 

Request No. 13:

An account was stated in writing between the BANK and YOU.

Response to Request No 13:

DENIED - Defendant will be propounding this during discovery.

 

Request No. 14:

It was agreed that YOU were indebted to the BANK in the sum of $12,000.00

Response to Request No 14:

DENIED - Defendant will be propounding this during discovery.

Request No. 15:

YOU have no valid affirmative defenses to the causes of action in PLAINTIFF'S complaint.

Response to Request No. 15:

DENIED

 

 

Requests For Production of Documents

--------------------------------------------------

4 item requests..

1- all correspondence sent by Defendant regarding Daffy Duck credit card account number xxxx

2- All documents and correspondence including billing statements, Defendant received regarding the above stated credit card account

3- All documents showing that Defendant is not indebted to Plaintiff in the sum of $12,000 (plus interest) or in any sum at all.

4- Copies of any and all documents that support or evidence all affirmative defense that Defendant intends to raise against Plaintiff's complaint

 

I am not sure how to properly raise objections to the document requests here, so any feedback is very much appreciated.

 

I've alse been planning to use the following General Objections:

 

GENERAL OBJECTIONS

  1. Defendant objects to the discovery requests to the extent the requests are argumentative, lacking in foundation, and calling for a Defendant to make legal conclusions.

  2. Defendant objects to the discovery requests to the extent that the requests are overbroad, unduly burdensome, or require unreasonable efforts or expense on behalf of the Defendant.

  3. Defendant objects to the discovery requests to the extent that requests seek information that is not relevant to the subject matter of this litigation and not reasonably expected to yield information relevant to the the allegations of the complaint.

  4. Defendant objects to the discovery requests to the extent the requests are vague or ambiguous.

  5. Defendant objects to the discovery requests to the extent that what is being asked for in the requests should be a part of Plaintiff's regular business records.

  6. Defendant objects to the discovery requests to the extent the requests do not adequately define terms used in them.

  7. Defendant objects to the discovery requests to the extent the discovery sought is cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive.

 

And for the discovery responses here in California, do I need to add some sort of introduction that I have responded to these requests to the best of my abilities? Also, do I need to add the penalty of perjury verbiage like this to each of my responses?

 

"I declare under penalty of perjury, under the laws of the State of California, that all statements contained in this application and any accompanying documents is true and correct..."

 

Any feedback is greatly appreciated. Thanks.

 

HI, I've been sued by GCFS, and, although I have been able to find plenty of great info, including most discovery responses I've included here, in this thread:

 

http://www.creditinfocenter.com/community/topic/310867-being-sued-by-gcfs-answered-complaintnext-step/?hl=gcfs

 

I am still trying to wrap up some loose ends, and am still not sure how to respond to the 4 document requests (listed below). I don't really have any of the docs they're asking in my posession, but am wondering if I should object. One of the causes of action they're suing me on is breach of contract, and I think they should have the docs they're asking me about in their own business records.

 

 

Anyway, here is the case info first:

 

1. Who is the named plaintiff in the suit?

 

GCFS, Inc.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

 

Legal Department of GCFS, Inc.

3. How much are you being sued for?

 

12K - balance

2K for the attorney fees 

and all of the accumulated interest after alleged breach.

4. Who is the original creditor? (if not the Plaintiff)

 

Not plaintiff. Plaintiff's a JDB who boiught the account from another JDB, who bought from the OC.

Prefer not to be more specific about the OC name due to the reasons of privacy

5. How do you know you are being sued? (You were served, right?)

 

I was served.

6. How were you served? (Mail, In person, Notice on door)

 

I was served in person.

7. Was the service legal as required by your state?

 

I assume so, but it is really beyond my scope of knowledge.

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

 

Sent a DV letter.

9. What state and county do you live in?

 

State: California

County: Prefer not to answer (privacy)

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

 

The complaint alleges breach of contract in Sept. of 2010

11. What is the SOL on the debt?

 

I believe it's 4 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

 

Suit Served.

Defendant Answered.

Defendant filed motion to strike interest and attorney fees from the complaint.

Plaintiff opposed the motion

Plaintiff sent discovery request

Defendant sent a demand for Bill of Particulars

Motion to strike denied

Defendant sent request for production of documents, set one.

13. Have you disputed the debt with the credit bureaus (both the original cre

ditor and the collection agency?)

 

I have not.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

 

Yes.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming.

 

Had 30 days to answer. Filed an answer within the time limits.

 

16.We need to know what the "charges" are. Please post what they are claiming. Common counts, account stated,breach of contract,for money received on behalf of the plaintiff, open book account,unjust enrichment.

 

- Breach of Contract

- Common Counts

- Other Allegations

 

17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

 

- It is unverified.

 

18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?

 

- Yes, about a little over two weeks ago.

 

19. What evidence did they send with the summons?An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

No evidence sent with the summons. They actually sent some "evidence" (exhibits) with their discovery package.

Here is what they sent:

 

(1) Bill of Sale and Assigments of Assets (OC to 1st JDB),

(2) Notarized Afidavit of Sale & Balance (1st JDB to 2nd JDB),

(3) Another Bill of Sale doc (from 1st JDB to the 2nd JDB),

(4) another notarized statement signed under penalty of perjury, supporting the 2nd bill of sale

(5) some weird, electronic looking record that shows my name, the OC info and the CC info, and that the account was sold to the 1st JDB.

 

******************

 

Now the requests for discovery:

 

 

Form Interrogatories:

--------------------------

 

X 102.1 State your name, any other names by which you have been known and your ADDRESS

Lenny Lasagna

 

X 102.2 State the date and place of your birth

OBJECTION - Irrelevant and immaterial to the instant action

X 102.4 State each residence ADDRESS for the last 5 years and the dates you lived at each ADDRESS.

Lenny Lasagna

1234 Prosciutto Ct.

Antipasto, CA  92333

X 102.5 State the name, ADDRESS, and telephone number each employer you have had over the past five years and the dates you worked for each.

OBJECTION - Irrelavant and not likely to lead to admissible evidence

__________________________________________________ _____________

page 3/4 FORM INTERROGATORIES-LIMITED CIVIL CASE (Economic Litigation)

115.0 Claims and Defenses

115.2 State in detail the facts upon which you base your contention that you are not responsible in whole or in part for plaintiff's damages.

OBJECTION - argumentative and lacking in foundation. The defendant has not heard enoughof the Plaintiffs complaint against him/heer to form a complete defense.

__________________________________________________ ______________

page 4/4 FORM INTERROGATORIES-LIMITED CIVIL CASE (Economic Litigation)

nothing was marked with "X"

 

 

Requests For Admission

-------------------------------

 

RESPONSES TO REQUESTS FOR ADMISSION

Request No. 1:

GCFS is, and was at all times material to the subject matter of this lawsuit, a corporation qualified to do business in California

Response to Request No. 1:

OBJECTION – The request calls for Defendant to make a legal conclusion.

 

Request No. 2:

GCFS is, and was at all times material to the subject matter of this lawsuit, the owner and holder of all rights, title, and interest in the ACCOUNT

Response to Request No. 2:

OBJECTION – The request calls for Defendant to make a legal conclusion.

Request No. 3:

GCFS is the final successor-in interest to BANK on the ACCOUNT

Response to Request No. 3:

DENIED - Defendant will be propounding this during discovery, calls for speculation on the defendants part, burden of proof rests with the Plaintiff.

 

Request No . 4:

the AGREEMENT contains the terms and conditions that govern the ACCOUNT

Response to Request No. 4:

DENIED to the extent that Defendant avers that the “agreement” attached to the request does not apply to Defendant, or ever did, in any provable manner.

 

Request No. 5:

the AGREEMENT contains provision that YOUR use of the CREDIT CARD is acceptance of the terms and conditions of the AGREEMENT.

Response to Request No. 5:

DENIED to the extent that Defendant avers that the "agreement” attached to the request does not apply to Defendant, or ever did, in any provable manner.

Request No. 6:

BANK issued YOU the CREDIT CARD

Response to Request No. 6:

DENIED - Defendant will be propounding this during discovery. Burden of proof rests with the Plaintiff.

 

Request No. 7:

YOU used the CREDIT CARD to purchase goods and/or services on the ACCOUNT

Response to Request No. 7:

DENIED - Defendant will be propounding this during discovery. Burden of proof rests with the Plaintiff

Request No. 8:

YOU E-SIGNED the AGREEMENT by using the CREDIT CARD.

Response to Request No. 8:

DENIED - Defendant will be propounding this during discovery.

 

Request No. 9:

On or about 9-29-2010 YOU breached the AGREEMENT

Response to Request No. 9:

DENIED - Defendant had not been provided the alleged agreement. Burden of proof rests with the Plaintiff.

Request No. 10:

The BANK performed all obligations to YOU pursuant to the terms of the AGREEMENT, except those obligations which they were excused from performing.

Response to Request No. 10:

OBJECTION - Lacks foundation. No "obligations" of any bank are known to Defendant, therefore Defendant cannot admit or deny.

Request No. 11:

BANK suffered damages caused by YOUR breach of the AGREEMENT in the sum of $12,000.00 together with the agreed interest rate of 11.11 per annum from 11-11-2010

Response to Request No. 11:

OBJECTION - The request calls for Defendant to make a legal conclusion. Damages caused by an alleged breach of an unproven agreement are matters for the Court to decide.

 

Request No. 12:

YOU became indebted to BANK within the last four years.

Response to Request No. 12:

DENIED - Defendant will be propounding this during discovery. Burden of proof again

 

Request No. 13:

An account was stated in writing between the BANK and YOU.

Response to Request No 13:

DENIED - Defendant will be propounding this during discovery.

 

Request No. 14:

It was agreed that YOU were indebted to the BANK in the sum of $12,000.00

Response to Request No 14:

DENIED - Defendant will be propounding this during discovery.

Request No. 15:

YOU have no valid affirmative defenses to the causes of action in PLAINTIFF'S complaint.

Response to Request No. 15:

DENIED

 

 

Requests For Production of Documents

--------------------------------------------------

4 item requests..

1- all correspondence sent by Defendant regarding Daffy Duck credit card account number xxxx

2- All documents and correspondence including billing statements, Defendant received regarding the above stated credit card account

3- All documents showing that Defendant is not indebted to Plaintiff in the sum of $12,000 (plus interest) or in any sum at all.

4- Copies of any and all documents that support or evidence all affirmative defense that Defendant intends to raise against Plaintiff's complaint

to  first threer: DOCUMENTS OF THIS SORT SHOULD ALREADY BE IN CONTROL OF THE PLAINTIFF, THE PLAINTIFF IS ON A FISHING EXPIDITION,

no four; you have to supply what you intend to use defendant retains the right to bring to the courts attention any documents that may become known to the defendant as the case cotinues.

I am not sure how to properly raise objections to the document requests here, so any feedback is very much appreciated.

 

I've alse been planning to use the following General Objections:

 

GENERAL OBJECTIONS

  1. Defendant objects to the discovery requests to the extent the requests are argumentative, lacking in foundation, and calling for a Defendant to make legal conclusions.

  2. Defendant objects to the discovery requests to the extent that the requests are overbroad, unduly burdensome, or require unreasonable efforts or expense on behalf of the Defendant.

  3. Defendant objects to the discovery requests to the extent that requests seek information that is not relevant to the subject matter of this litigation and not reasonably expected to yield information relevant to the the allegations of the complaint.

  4. Defendant objects to the discovery requests to the extent the requests are vague or ambiguous.

  5. Defendant objects to the discovery requests to the extent that what is being asked for in the requests should be a part of Plaintiff's regular business records.

  6. Defendant objects to the discovery requests to the extent the requests do not adequately define terms used in them.

  7. Defendant objects to the discovery requests to the extent the discovery sought is cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive.

 

And for the discovery responses here in California, do I need to add some sort of introduction that I have responded to these requests to the best of my abilities? Also, do I need to add the penalty of perjury verbiage like this to each of my responses?

 

"I declare under penalty of perjury, under the laws of the State of California, that all statements contained in this application and any accompanying documents is true and correct..."

 

Any feedback is greatly appreciated. Thanks.

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