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need to get back on track

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hey guys, case details here: http://sweatinginca.neocities.org/


I am wondering if I am on the right track...


Summary: Sued by JDB in California for 5k, answered complaint with General Denial. Sent request for BOP mid-february. Plantiff sent nothing but a screenshot of their computer system showing the alleged account. I failed to follow up.


Mandatory Settlement Conference/Trial date is set for 8/29, so a little over 45 days from now. I never sent a meet and confer on the request for BOP response, or filed a motion to compel.


My plan this weekend is prepare a meet and confer letter requesting a sufficient response for the request for BOP within 10 days, to prepare a discovery request for production of documents, and prepare my CCP 96 request. I hope to send them all out on Monday.


Then I am going to work on my CMC form, and if no response to the BOP meet and confer is received in 10 days I will figure out how to file a motion to compel.


Hopefully the JDB will come up with no evidence.

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I wish I could help, aside from giving you a bump.  :)


I'm in the same boat as you. I am searching and educating with an upcoming MSC, and Discovery not yet complete on my end.  I have spent too much time working, keeping the family afloat, and very little is left to focus on this.


Best of luck to you.

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Remember that the CCP 96 will lock the plaintiff into what evidence/witnesses they will introduce at trial, so even if you were to compel them to answer you regarding the BOP, you'd already know what they were going to use at trial anyway with their CCP 96 response. Also, handling discovery this close to trial is pretty hairy.

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