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I could use a little help with my CM Statement, which I will be filing on Friday...

 

There are a few things I don't know how to answer and a few sections I don't know anything about (in bold below):

 

1. Parties - got this one!

2. Complaint (to be answered by plaintiffs only) - got it!

3. Service (to be answered by plaintiffs only) - check!

4. a. Description of case - breach of contract and common counts

    b. Brief statement of case, including damages - do I state what the plaintiff is seeking? or?

5. Jury or non-jury trial - I'd assume non-jury

6. Trial date - no trial date has been set

7. Estimated length of trail (days/hours) - I have no idea

8. Trial representation - by the attorney or party listed in the caption (me)

9. Preference - ?

10. ADR - Do I have to fill this section out?

      a. ADR information package

      b. referral to judicial arbitration

      c. ADR processes willing to participate in ...

11. Insurance - ?

      a. Insurance carrier

      b. reservation of rights

      c. coverage issues

12. Jurisdiction - Leave blank I think

13. Related Cases - None

14. Bifurcation - ?

15. Other Motions - Would I state that I anticipate filing the Motion to Compel BOP since I never got a proper response from them?

16. Discovery - I go with option 'b' and will list out all discovery that still needs to take place, yes?

      a. discovery has been completed

      b. the following discoveries will be completed

      c. the following discoveries issues are anticipated - would I put anything here?

17. Economic litigation - Limited Civil

18. Other Issues - none

19. Meet and confer - Defendant attempted to Meet and Confer via telephone on Thursday, February 20, 2014 at 8:20 am. Defendant left a message for Mr. Kenneth J. Miele requesting a call back and did not hear back from the lawyer.

 

Thanks for your help!

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I could use a little help with my CM Statement, which I will be filing on Friday...

 

There are a few things I don't know how to answer and a few sections I don't know anything about (in bold below):

 

1. Parties - got this one!

2. Complaint (to be answered by plaintiffs only) - got it!

3. Service (to be answered by plaintiffs only) - check!

4. a. Description of case - breach of contract and common counts

    b. Brief statement of case, including damages - do I state what the plaintiff is seeking? or?

Leave it Blank unless you filed a counter-claim

5. Jury or non-jury trial - I'd assume non-jury

Non-jury

6. Trial date - no trial date has been set

7. Estimated length of trail (days/hours) - I have no idea

I put 4 hrs

8. Trial representation - by the attorney or party listed in the caption (me)

9. Preference - ?

None

10. ADR - Do I have to fill this section out? 

      a. ADR information package

      b. referral to judicial arbitration

      c. ADR processes willing to participate in ...

No.

but make sure on # 10. (2) check the box that you have read the ADR information.

11. Insurance - ?

      a. Insurance carrier

      b. reservation of rights

      c. coverage issues

Leave it Blank

12. Jurisdiction - Leave blank I think

Leave it Blank

13. Related Cases - None Leave it Blank

14. Bifurcation - Leave it Blank

15. Other Motions - Would I state that I anticipate filing the Motion to Compel BOP since I never got a proper response from them?

I am writing TBD why tell the opposition your next move

16. Discovery - I go with option 'b' and will list out all discovery that still needs to take place, yes?

      a. discovery has been completed

      b. the following discoveries will be completed 

correct you don't need an exact date just month and year (i.e April 2014)

      c. the following discoveries issues are anticipated - would I put anything here?

 

17. Economic litigation - Limited Civil

18. Other Issues - none

19. Meet and confer - Defendant attempted to Meet and Confer via telephone on Thursday, February 20, 2014 at 8:20 am. Defendant left a message for Mr. Kenneth J. Miele requesting a call back and did not hear back from the lawyer.

This is Good.  but i think you have to make sure Kenneth is the attorney on the papers you are receiving from them if it was me i would say "Plaintiff's attorney "(let them proof you didn't leave VM for the right attorney)

Thanks for your help!

Don't know if you still need help, here's some suggestions from Seadragon: http://www.creditinfocenter.com/community/topic/304875-question-regarding-case-management-conference-form-cm-110/#entry1082327

I'm in process of filling this out as well. I will PM you the link once i've complete mine if needed?

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So, I had my Case Management Conference today. All told, I was in and out of the court house in a half-hour. Not bad!

 

It seemed to go pretty well. The poor rent-a-lawyer was juggling paperwork for 5 different cases and barely had any information on my case. The judge started to get a little annoyed when she couldn't answer any of his basic questions and I could. I told him discovery had been slow and greuling, and that everything I received was either incomplete or late. He has ordered the Plaintiff to produce all the evidence they intent to use for trial by Apr 30. Nice!

 

One thing—I hope it's okay—I told the judge I didn't recall ever having an account with Citibank. I hope that's okay (instead of saying I had one but couldn't verify the amount they were trying to collect? ... Anyway, when we got into the hallway after the CMC, rent-a-lawyer was asking me what discovery I had received and I didn't tell her much. Good luck lady.

 

Our trial date is set for July 4. That being said, May 20 would be 45 calendar days before the trial so I only have a couple weeks before I really have to get my a$$ in gear. Any advide would be appreciated. I'll look up Seadragon timeline.

 

Here we go!

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make sure day 45 you send off a CCP96 request.  Then wait, when they send you the ccp96 you will get to work. If they don't send it to you before april 30, I might be inclined to ask for sanctions since the judge told them to do so.

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wishing you the best.  3 days ago I was served by the same lawfirm for a Chase debt.  I'm reading your thread as a way to prepare for my Answer.  Good luck and keep us all posted on your progress!

 

-brokebaker in Los Angeles

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I was thinking about you today and wondering how everything was going with you.  Please update when you get a chance!!

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Hello. Thanks for checking in! I've been trying to plan a wedding (May 17th!) so I've been a little preoccupied with that lately. I believe I'm about 60 days out from trial right now. My 45 day mark is 5/19 I think. I will be sending my CCP96 request as close to that date as possible, but the timing is a little tough for me.

 

Once this wedding is over I will be able to get back on track with all the paperwork and I will keep you all in the loop.

 

Wish me luck! ::ImInLove::

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I just received a packet from Kenosian & Miele that includes:

 

1) Notice to Attend Trial (CCP1987b)

2) Request for Statement of Witnesses, and Description and Copies of Evidence, Statement of Response, Effect (CCP96)

3) Declaration of Authorized Representative in Lieu of Live Testimony (CCP98)

 

Now, my questions are below in bold:

 

1) Notice to Attend Trial (CCP1987b)—I don't need to do anything about this as long as I show up, correct?

2) Request for Statement of Witnesses, and Description and Copies of Evidence, Statement of Response, Effect (CCP96)—Why are they sending me this? Aren't they supposed to be providing evidence? Do I need to respond?

3) Declaration of Authorized Representative in Lieu of Live Testimony (CCP98)—In this they state that Autumn Bloom is to be the representative of the case ans will appear at the trial. Then, they provide the following exhibits with the declaration:

  • Exibit A: Bill of Sale and Assignment (signed by Patricia Hall "Account Manager" and Morgan Smith "VP Operations)—mentions nothing specific to the account in question.
  • Exibit B: CC Application
  • Exibit C: CC Statements beginning in 2009 with $1,200 balance forward. This also includes and Affidavit signed by Tina Weedin (Citibank "Document Control Officer") in 2013.

I'm not sure what to do with the Declaration of Authorized Representative in Lieu of Live Testimony. I haven't sent my CCP96 yet, but planned to get it out this weekend (still before 30 days). Does this document change what else I need to send or how I should go about things?

 

Any help or suggestions would be greatly appreciated. Thanks so much!!!

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#2 - I assume you don't plan on bringing anything/anyone. There is a simple response people recommend to a plaintiff's CCP(^ request, I just can't think of it right now (sorry!). Someone will chime in, or you can find it in one these threads.

 

#3 - What they have sent doesn't change anything. You'll still go about your business as planned (sending out your CCP 96 request). You now have the documents and names you'll be referencing in your Brief & MIL - you can always get a head start on those.

 

Have you checked your local rules regarding deadlines for filing Briefs and MILs?

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#1) you don't need to do anything other than appear at trial

 

#2) the simple response RyanEX mentioned is "defendant will use witnesses and evidence for impeachment purposes only" (that's all you need to tell them). Technically you don't have to respond (and you would only be able to use their evidence and witnesses for impeachment purposes only) but it's better to give them this response anyway (in my opinion)

 

#3) Make sure you learn what to do about the CCP 98. You need to file an objection to it and subpoena the affiant at the address they gave you (within the 20 days prior to trial).

 

The CCP 98 declaration doesn't change anything as far as you sending  (and them replying) to your CCP 96 witness and exhibit request list, but it does change everything as far as what you need to send them (an objection and a subpoena). I'm sure you've done this but read ASTMedic, Homelessincalifonia, and now String's threads; they contain information about the ccp 98 (there are sample MIL's for this in these threads), also (and always) read the actual code itself (CCP 98).

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So, the address provided for the "Authorized Representative" in the CCP98 is the address of the Attorney. It is within 150 miles and in the state of CA, but I know the "Authorized Representative"does not reside there as it is a business address for the law firm.

 

I have been reading, and reading many threads and it sounds like I need to:

 

a) Write a formal objection (pleading paper format) to the CCP98, file it with the court, then mail copy with POS to the attorney.

  • DOES ANYONE HAVE A SAMPLE CCP98 OBJECTION I COULD LOOK AT? I UNDERSTAND I'LL NEED TO GO ITEM BY ITEM (KIND OF LIKE WITH MY ANSWER) AND OBJECT TO EACH STATEMENT.
  • Is there a time limit for for filing this? ... I haven't been able to find it in the San Diego court rules.

B) Fill out form SUBP-001, get it stamped by the court clerk (Is this different than time-stamping in civil business office?), clerk will issue subpoena. Use sherriff to serve the subpoena the "Authorized Representative" at the attorney's address.

  • Although, I am a little confused as to if I'm elegible. See note on SD Sheriff's website below:

IMPORTANT MESSAGE ABOUT CIVIL PROCESS SERVICE

The San Diego County Sheriff’s Department has discontinued service of all non-enforcement types of civil processes. Is this non-enforcement?

Non-enforcement civil process can be served by anyone over the age of 18 who is not a party to the action or by a registered process server.  You may locate a San Diego County registered process server by searching for "attorney support services" or "process serving" in a telephone directory or internet search.

Service of non-enforcement process will still be made where a California court has ordered a waiver of fees for the party requesting service.  A certified copy of the order indicating that it applies to Sheriff's fees is required when submitting the process for service.

 

Civil process no longer served after January 2, 2009:
▪  Subpoena - Civil - Is this me?
▪  All other NON-ENFORCEMENT process not listed.

Civil process service continuing after January 2, 2009:
▪  Restraining Orders
▪  Order for Examination or Appearance -  Or is this me?

  • I take the Subpoena issued by the court clerk to the sheriff's office and request CIVIL PROCESS SERVICE in person and pay the fee (since I do not have a fee waiver from the court). Is this where I give the instruction to "make several attempts and then leave it with whoever will accept service on the last attempt"? As well as informing the process server that I "want a declaration of diligence"? Or does that informaiton need to be on the subpoena?

Thank you for your help!

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Sample objection to CCP 98 : See ASTMedic's thread "how I beat midland" and or"String's thread CACH update I win". You don't have to object to it line for line like you did the complaint. Your objections are based on technicalities and hearsay.

 

The Sheriff can't serve it for you it looks like. Hire a process server or have friend do it. Tell them to write the due diligence declaration (don't say it on the subpoena). Fill the subpoena out, then take it to the court clerk to get it stamped.

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Thanks @Anon Amos, I'm still in search of a sample objection to CCP98 but I've reached out to @ASTMedic and @string with PMs. I'm starting to get that confused with MIL. They are different, correct?

 

As for subpoena-ing the affiant provided in the CCP98—I was under the impression that I just use SUBP-001, but now I'm also getting that confused with CCP 1987. I think my brian is turing into mush from cramming and readign so much.

 

Lastly, does anyone have difinitive answers as to when the trial breif needs to be filed and served? I've been searching the CA Rules of court and all I found on the subject was this (found in the family court section): Rule 5.394. Trial or hearing brief-The parties must serve the trial or hearing brief on all parties and file the brief with the court a minimum of 5 court days before the trial or long-cause hearing. ... I'm not sure if it applies to civil cases.

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The MIL and the objection to plaintiff's declaration in lieu of live testimony are actually the same motion; just different title. We are now suggesting that they be titled as the objection, as per opinion of Calawyer.

 

Check your local rules for the answer about timing on trial briefs etc. I like 5 days prior to trial, and that has been very effective. I'm sure String has you covered with the PM's, but ask if you have more questions.

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HA! I found it! Thanks everyone.

 

Rule 4.22.11
Trial Briefs and Motions in Limine
A. Unless otherwise directed by the court, all motions in limine (as authorized by law) and trial briefs must be filed with the clerk of the trial court and faxed (in accordance with the Cal. Rules of Court, rule 2.306) or personally served on opposing counsel no later than 4:30 p.m. five court days prior to the date set for trial. Opposition pleadings to in limine motions must be filed and faxed (in accordance with the Cal. Rules of Court, rule 2.306) or personally served on opposing counsel no later than 12 noon of the day prior to the date set for trial.

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Ok, so, I'm composing my Objection to Plaintiff's Declaration in Lieu of Live Testimony. However, it's unclear to me (if this is not a MIL) what, then, is the timeframe that this Objection needs to be filed/served?

 

I will will be personally serving (via process server) a SUBP-001 begining on day 17 to the address provided on the Declaration in Lieu of Live Testimony. Does that sound like a good time to serve it?

 

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

I reveived the attorney's response to my CCP96 Request.

 

WITNESSES

  1. They intend to call me as a witness

DOCUMENTS

  1. Business Records Affidavit signed by Tina Weedin, Document Control Officer for Citibank
  2. Application used to establish account
  3. Copy of statements after account was delinquent
  4. Bill of Sale between Citibank and Pilot Receivables Management, Bill of Sale between Pilot Receivables Management and UNIFUND

So ... How do I attack this affidavit?

 

Thanks!

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For the timing of your objection treat it as an MIL (and read your rule pertaining to MIL's) probably 5 days prior to trial. I would have an MIL (objection ) for all the evidence.

 

The subpoena service timing sounds good.

 

In the business records affidavit you attack the credibility of the affiant and her testimony. Show how she cannot lay a foundation for what she is saying and she cannot authenticate records or information of the OC. Also (or mainly, and probably your first argument on this); It is hearsay and not admissible other than by statute or act of Congress. Elkins V Superior Court

 

Edited: Elkins V. Superior Court

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I've found in Scholar Google two FDCPA cases (CA):

 

Lopez-Reyes v. Kenosian & Miele, LLP, 525 F. Supp. 2d 1158 (N.D. Cal. 2007)

 

Reyes v. Kenosian & Miele, LLP, 619 F. Supp. 2d 796 (N.D. Cal. 2008)

 

see links below

 

 

http://scholar.google.com/scholar_case?case=6185285531027087465&q=info:aaA7X2uM1lUJ:scholar.google.com&hl=en&as_sdt=0&oi=scholarr

 

http://scholar.google.com/scholar_case?case=7883811859554265608&q=info:CGq-tB3taG0J:scholar.google.com&hl=en&as_sdt=0&oi=scholarr

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