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I send BOP there answer was

 

need to send 2nd BOP to Brighton Hushing, is it two late to send the the second before i file motion to preclude.

 

Ojection: A Bill of Particulars in not appropiate in an action allegin an "account stated" since the items upon which an acccount is based are deemen merged and there is nothing left to itemize.

 

Objection: A Bill of Particulars is not appropiate tool for a count based on breach of contract.

Objection: A Bill of Particulars is not the proper method by which a description of the account, including the items and details is to be obtained.

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my trial in almos here. and still need to send them the motion to proclude, request for witness c96 and subpoena. they are collecting from chase, who sell to Global Acceptance Credit Company and then transfer to GCFS inc.

 

they send me a copy of one year statements,Contract,Affidavit of Sale, Affidavit of Correctness. (not originals only copies)

From Texas and Florida. and  declaration of Custodian of records from 100 miles away from court, but GCFS inc has the main office in El Paso Robles, CA witch is more than 150 miles from court.is violating c98

 

I allready received from them c96 and need to send mine to,

 

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I send BOP there answer was

 

need to send 2nd BOP to Brighton Hushing, is it two late to send the the second before i file motion to preclude.

 

Ojection: A Bill of Particulars in not appropiate in an action allegin an "account stated" since the items upon which an acccount is based are deemen merged and there is nothing left to itemize.

 

Objection: A Bill of Particulars is not appropiate tool for a count based on breach of contract.

Objection: A Bill of Particulars is not the proper method by which a description of the account, including the items and details is to be obtained.

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my trial in almos here. and still need to send them the motion to proclude, request for witness c96 and subpoena. they are collecting from chase, who sell to Global Acceptance Credit Company and then transfer to GCFS inc.

 

they send me a copy of one year statements,Contract,Affidavit of Sale, Affidavit of Correctness. (not originals only copies)

From Texas and Florida. and  declaration of Custodian of records from 100 miles away from court, but GCFS inc has the main office in El Paso Robles, CA witch is more than 150 miles from court.is violating c98

 

I allready received from them c96 and need to send mine to,

It's sounds like you are  out of time and you already know what to do. If your trial is 45 days from now, you can send them the ccp 96 witness and evidence list, they have to recieve it no sooner than 30 days before trial. Like you said; subpoena the affiant. You can motion in limine to strike the evidence, affidavits, and ccp98. 

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What is the date of your trial?

the second week of april, but i have a discovery conference the end of next week.  still have not send the 2nd bop, file MTP and need to know how to file cc96, and request subpena of the witness which it has two address one is at Paso Robles, more than 150 miles from court and the other is a processing service 100 miles from court. GCFS inc just send me CC96 date the 15th but received on the 16th friday. they do not give me the 30 days.

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You still did not give the date of your trial so I'm just going to guess.

 

I am certainly no expert and can most certainly be wrong but as I see it, you may have time to subpoena their CCP 98 witness but thats about it. 

 

You can always request a continuance using the title three guidlines I gave you.  Other than that my friend, it looks like the clock has run on this.

 

Anyone else please, chime in with other strategies, but that's all I can think of at this late date.

 

Good luck,

 

rt

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You still did not give the date of your trial so I'm just going to guess.

 

I am certainly no expert and can most certainly be wrong but as I see it, you may have time to subpoena their CCP 98 witness but thats about it. 

 

You can always request a continuance using the title three guidlines I gave you.  Other than that my friend, it looks like the clock has run on this.

 

Anyone else please, chime in with other strategies, but that's all I can think of at this late date.

 

Good luck,

 

rt

 

You have a "reasonable" period of time before trial to subpoena the declarant. I think the common interpretation of "reasonable" is about ten days, with some more tacked on for a subpoena duces tecum. So yes, the CCP 98 declarant is still fair game. I'm extremely skeptical that any continuance will be granted at this point though, short of a major medical emergency. There's not even enough time left to do a proper noticed motion: it'd have to be ex parte.

 

 

 

@ pata: At this late stage of the game, I'd argue that your energies are best focused on prepping the motion in limine, preparing your written objections to evidence, going over and organizing your reference materials, etc. Was their CCP 98 declaration sent in a timely manner? Am I correct in guessing that the declarant is Carol McNellis? Does the declarant even claim to have personal knowledge regarding the business records of Chase AND Global Acceptance, etc.?

 

What I'm getting at here is that you perhaps might consider devoting less time and energy to the bill of particulars, which would be inapplicable to their account stated cause of action anyways, and focus instead on the underlying weaknesses of their case: lack of standing, lack of authentication, hearsay, etc. You have a stronger than usual case here, as GCFS isn't even the original debt buyer, and since Chase's consumer records are (publically) less than entirely reliable.

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i send the 2nd bill of particular last friday, but in the process of getting a subpoena from Carol still figure it out the whole process, do i have time, do i need to get it approve by court, do i have to paid, can a friend do the Certified mail service or personal service, Carol gave 2 address one 100 miles away Orange which i think is just the proccesor service and one  the  attorney which is more than 150 miles away. i been advice to service the close one, what if no one is there, how can i find out if the one that is close in Orange CA or El Paso Robles is the correct to file the subpoena? need to go tomorrow to court, did not now where should i start first, what should i answer on they c96 or should i file my personal c96 requesting my witness, should i need to subpoena my husband he is a witness that i was not service the summons and complaint since the begining they just drop it in the mailbox with no envelope or stamp then said it was deliver to me personal on a sunday when i was out of the house with my husband and friends. should i subpoena that person to or just carol? the court trial is april 19 and the discovery conference this 29th.

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You have a "reasonable" period of time before trial to subpoena the declarant. I think the common interpretation of "reasonable" is about ten days, with some more tacked on for a subpoena duces tecum. So yes, the CCP 98 declarant is still fair game. I'm extremely skeptical that any continuance will be granted at this point though, short of a major medical emergency. There's not even enough time left to do a proper noticed motion: it'd have to be ex parte.

 

 

 

@ pata: At this late stage of the game, I'd argue that your energies are best focused on prepping the motion in limine, preparing your written objections to evidence, going over and organizing your reference materials, etc. Was their CCP 98 declaration sent in a timely manner? Am I correct in guessing that the declarant is Carol McNellis? Does the declarant even claim to have personal knowledge regarding the business records of Chase AND Global Acceptance, etc.?

 

What I'm getting at here is that you perhaps might consider devoting less time and energy to the bill of particulars, which would be inapplicable to their account stated cause of action anyways, and focus instead on the underlying weaknesses of their case: lack of standing, lack of authentication, hearsay, etc. You have a stronger than usual case here, as GCFS isn't even the original debt buyer, and since Chase's consumer records are (publically) less than entirely reliable.

i already send the 2nd bill of particulas on friday. need to send before 20-days disc-015. they asking the defendant as a witness(me),

1.Notice to Compel attendance before court ccp1987(B) monthly statemnets, cc#,  proof o payments made, my bank ck#, DL#.

2.Notice of intent to present declaration of custodian of records, declaration of accrued interest, and declaration of attorney fees as evidence

3.Declaration of Custodian of Records pursuant to ccp98

 

need to know to who send a supoena because Carol Mcnellis and Anthony Piazza are more than 500 miles away from court. i know they are in violation to c98 but did not now which form to use to write these Objections.

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You still did not give the date of your trial so I'm just going to guess.

 

I am certainly no expert and can most certainly be wrong but as I see it, you may have time to subpoena their CCP 98 witness but thats about it. 

 

You can always request a continuance using the title three guidlines I gave you.  Other than that my friend, it looks like the clock has run on this.

 

Anyone else please, chime in with other strategies, but that's all I can think of at this late date.

 

Good luck,

 

rt

i already send the 2nd bill of particulas on friday. need to send before 20-days disc-015. they asking the defendant as a witness(me),

1.Notice to Compel attendance before court ccp1987( B) monthly statemnets, cc#, proof o payments made, my bank ck#, DL#.

2.Notice of intent to present declaration of custodian of records, declaration of accrued interest, and declaration of attorney fees as evidence

3.Declaration of Custodian of Records pursuant to ccp98

 

need to know to who send a supoena because Carol Mcnellis and Anthony Piazza are more than 500 miles away from court. i know they are in violation to c98 but did not now which form to use to write these Objections.

 

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You only need to subpoena the CCP 98 witness which is Carol MsNellis.  Subpoena her at the closest address to the court house.  It is not your problem if she is not there it is their problem.  If she is not there and not available for process of service, their CCP 98 document is non-compliant and as such should not be admissable at trial if you object to it.  Then object to everything else they try to admit into evidence because it is ALL hearsay and not admissable if you object.

 

You can fill out the subpoena form here, print it out and take it to the court clerk's office and have them stamp and sign it.  It is probably best to hire a process server to serve the subpoena, you can find them in the phone book or on line, should cost you about $65.00.

 

Good luck,

 

rt.

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Declaration of BRIGHTON HUSHING-KLINE Attorney unavailability. it seems that Carol Mcnellis (the custodian of records) will not be a trial, neither the Brighton Hushing-kline He is the Plaintiff Attorney off GCFS inc. and now He sends a Declaration saying He is to busy and send attorneys by the law offices of William Greg Polster in San Diego, CA. these attorneys are provided with all pertinent information,pleading and exhibits, and are instructed to be thoroughly familiar with the assigned case. SO NOW, WHO SHOULD I SUBPOENA. at GCFS inc., Carol Mcnellis in El Paso Robles,CA or in Cypress, CA. (custodian of records) Anthony Piazza (drop the summons at my mailbox) he is 545 miles away or Greg Polster in San Diego.

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Thanks for keep an eye on me, you are my Savior. should i send subpoena duces tecum or normal? i will sent it tomorrow. 

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You only need to subpoena the CCP 98 witness which is Carol MsNellis.  Subpoena her at the closest address to the court house.  It is not your problem if she is not there it is their problem.  If she is not there and not available for process of service, their CCP 98 document is non-compliant and as such should not be admissable at trial if you object to it.  Then object to everything else they try to admit into evidence because it is ALL hearsay and not admissable if you object.

 

You can fill out the subpoena form here, print it out and take it to the court clerk's office and have them stamp and sign it.  It is probably best to hire a process server to serve the subpoena, you can find them in the phone book or on line, should cost you about $65.00.

 

Good luck,

 

rt.

where did i do the Objections for; cc98 document and ccp1987, cc3287(a)accrued interest, support of attorney fees,Attorney unavailability,and MMOC.

I received all of this in the same pakage as c69 do i need to answer all or just disc-015?

i understand to Object to everything in c98, with subpoena is this subpoena  of witness to Carol? or do i need a different form to subpoena de documents they send me?

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I already mail with POS DISC-015 only that page and the POS-30 to the court. the subpoena i spend to much time trying to make the clerk sign the botton they said i can get it from their web with the stamp and copy signature of the clerk. and if i want they give me one there and need to hand type it my self.

 

finally a niece guy help me and went  to ask the Coc II she sign by hand and dated.

 

now i have 2 options the one in the web that has a copy an stamp or the hand dated.

 

I will use the hand dated with no stamp, what did you think?

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It's sounds like you are  out of time and you already know what to do. If your trial is 45 days from now, you can send them the ccp 96 witness and evidence list, they have to recieve it no sooner than 30 days before trial. Like you said; subpoena the affiant. You can motion in limine to strike the evidence, affidavits, and ccp98. 

i received they cp98 on 3-16 and their is not before 45 days is 35-days before trial. i send my on 3-25. 25 days before trial

I send the subpoena to custodian of records the same day.

 

but did not know what to do next with all the Notice and Declarations they send me.

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i received they cp98 on 3-16 and their is not before 45 days is 35-days before trial. i send my on 3-25. 25 days before trial

I send the subpoena to custodian of records the same day.

 

but did not know what to do next with all the Notice and Declarations they send me.

 

Plaintiff's CCP 98 was proper, it needed to be served upon you at least 30 days before trial and apparently it was.

 

Plaintiff is not required to respond to your CCP 96 request as it was not timely.

 

You said you "send" the subpoena.  I hope you meant you gave the subpoena to a process server company or the Sheriff to be served upon the affiant or as you put it, the custodian of records.  If you mailed it, that in not proper service.

 

At this late date, there is nothing for you to do about the notices and declarations other than object to them all when/if plaintiff attempts to introduce them at trial, they are all hearsay.

 

Good Luck,

 

rt

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but did not know what to do next with all the Notice and Declarations they send me.

I  wasn't exactly sure what all you have done or what you received from them, and then I got lost a little in the post, but like Rivertime points out, I would want to make sure your subpoena was all done properly. You can file motions in limine to strike evidence you received. I don't know if you filed an objection to the declaration in lieu of live testimony ccp98 (if you received one) but you can file a motion in limine to strike it as well, or you will just have to defend against it all at trial. You should also file a trial brief, information on this should be on this site. You will need to check your local rules to see when motions in limine can be filed if you plan to do that, and when to file the trial brief.

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Plaintiff's CCP 98 was proper, it needed to be served upon you at least 30 days before trial and apparently it was.

 

Plaintiff is not required to respond to your CCP 96 request as it was not timely.

 

You said you "send" the subpoena.  I hope you meant you gave the subpoena to a process server company or the Sheriff to be served upon the affiant or as you put it, the custodian of records.  If you mailed it, that in not proper service.

 

At this late date, there is nothing for you to do about the notices and declarations other than object to them all when/if plaintiff attempts to introduce them at trial, they are all hearsay.

 

Good Luck,

 

rt

send the supbpoena by a process service. it s

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on 3/22 i send meet and confer and 2nd bill of particulas, 3/25 send  subpoena to (custodian of records) the close address less than 150 miles. 3/25 send disc-015 to plaintiff c-96 page 1, on 3/27 send Objection to notice in lie of subpoena to compel attendance before the court and produce books, documents or other things.

 

I am waiting for the 10 day of the 2nd BOP, and the service of the subpoena. Still pending to serve to plaintiff;

NOTICE TO CALL AS WITNESS,DECLARATION OF CUSTODIAN OF RECORDS CCP98,

what i received  NOTICE TOINTENT TO  PRESENT DECLARATION OF CUSTODIAN,DECLARATION OF ACCRUED INTEREST, and  DECLARATION OF ATTORNEY FEES AS EVIDENCE. DECLARATION OF ACCRUED INTEREST PURSUANT TO CC 3287a, DECLARATION IN SUPPORT OF ATTORNEY FEES, DECLARATION OF ATTORNEY UNAVAILABILITY.

 

I  wasn't exactly sure what all you have done or what you received from them, and then I got lost a little in the post, but like Rivertime points out, I would want to make sure your subpoena was all done properly. You can file motions in limine to strike evidence you received. I don't know if you filed an objection to the declaration in lieu of live testimony ccp98 (if you received one) but you can file a motion in limine to strike it as well, or you will just have to defend against it all at trial. You should also file a trial brief, information on this should be on this site. You will need to check your local rules to see when motions in limine can be filed if you plan to do that, and when to file the trial brief

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I  wasn't exactly sure what all you have done or what you received from them, and then I got lost a little in the post, but like Rivertime points out, I would want to make sure your subpoena was all done properly. You can file motions in limine to strike evidence you received. I don't know if you filed an objection to the declaration in lieu of live testimony ccp98 (if you received one) but you can file a motion in limine to strike it as well, or you will just have to defend against it all at trial. You should also file a trial brief, information on this should be on this site. You will need to check your local rules to see when motions in limine can be filed if you plan to do that, ouand when to file the trial brief.

i have discovery hearing, what statement of form do i need to take, did you know what i will be required to take?

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i have discovery hearing, what statement of form do i need to take, did you know what i will be required to take?

Is that what they are calling it "discovery hearing", not a cmc hearing or settlement hearing? Never had a "discovery" hearing. If that's what it is then I would look it up in the local rules and see what it says.

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Is that what they are calling it "discovery hearing", not a cmc hearing or settlement hearing? Never had a "discovery" hearing. If that's what it is then I would look it up in the local rules and see what it says.

 

Yes, me too.  I don't know about discovery hearings.  Your best bet is to do as Anon Amos says and look up your local rules.  Can't help with this one.

 

Good Luck,

 

rt

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Plaintiff's CCP 98 was proper, it needed to be served upon you at least 30 days before trial and apparently it was.

 

Plaintiff is not required to respond to your CCP 96 request as it was not timely.

 

You said you "send" the subpoena.  I hope you meant you gave the subpoena to a process server company or the Sheriff to be served upon the affiant or as you put it, the custodian of records.  If you mailed it, that in not proper service.

 

At this late date, there is nothing for you to do about the notices and declarations other than object to them all when/if plaintiff attempts to introduce them at trial, they are all hearsay.

 

Good Luck,

 

rt

yes it was a process server company, I send it 3/25 but have not received the confirmation of service for the attorney service the comp that served the subpoena to the Custodian of Records.  but i received a fax from the Plaintiff attorney saying they received it and need to get in contact with me.

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