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  • “[T]he most important characteristic of a suit brought to recover a sum owing on a book account is that the amount owed is determined by computing all of the credits and debits entered in the book account.” (Interstate Group Administrators, Inc., supra, 174 Cal.App.3d at p. 708.)

That sentence is from the cal. points and authorities.  You could use it in your meet and confer letter.  There is alot more in the california jury handbook, here is a link.  This all relates to an open book account, which is what they are suing you for.

http://www.justia.com/trials-litigation/docs/caci/300/372.html

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Are you suggesting the entire sentence as above? (w/o the typo :-)

Haha, I meant  add your entire sentence (or I will file a motion to compel, or in the alternative preclude for giving video thereof.) 

to replace  "or it will be precluded from giving evidence thereof". 

Or add just add "or I will file a motion to compel". 

I honestly don't know why I'd include "or in the alternative preclude for giving video thereof." (but I'm obviously not well versed in these matters)

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ipad changed it to video lol.  It was meant to read "File a motion to compel, or in the alternative preclude from giving evidence thereof"

 

And you would rather they have that evidence precluded, but we don't want to look bad to the court, so we ask them to compel them to provide, or preclude that evidence, then they can't provide any of it later.

 

Have you done any request for documents yet?  The BOP is phase 1, and discovery is phase 2.  You will want to send some requests out.

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no don't wait because they are not going to send you a BOP (a proper one) and you don't want to be left without any time.  I had a huge computer crash a few weeks ago and had to reformat my computer.  I had quite the little library at the time (mostly stuff I found here and debtor boards)  so I don't have a list, but I will write a few and do a quick search here on requests. You will want to save your requests for admissions until after you get your Rogs answered, and your request for documents answered, then you can send them admissions to admit they don't have what ever it is you asked for.

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@ASTMedic

I read you're post about CCP 96

http://www.creditinfocenter.com/community/topic/321249-midland-lawsuit-in-california-help-court-date-set/?hl=chain#entry1260032

So you think it's better to wait and send them a CCP 96 later rather that send them the M&C (and the MTC if they don't comply)?

It's a bit of a gamble. You're playing the odds and those odds lean towards them not having the docs and having little intention in getting them. So you can risk waiting to hit them later or go through the MTC now.

The up side to the CCP 96 is that they are forced to respond on a deadline thus making their life difficult. You also have to do little to no work other than sending the CCP 96. Some JDB are so poorly organized that they will miss the deadline and be stuck not being able to use anything. There is also a trick you can use that another member here did but we'll have to talk by PM about that as to not tip out hand.

The MTC gets to the point sooner. No waiting almost till trial. The up side here is that you might force them to give up sooner rather than later. But with this you're giving them the ability to go get the docs you're asking for. Are they going to do that? That's just part of the gamble. You will have to M&C and then file the MTC and go before a judge. Work and time expended.

Either way in the end the odds of them getting the docs are slim. They just flat don't want to spend the money to get them. So you just have to make the call what you want to do.

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But with this you're giving them the ability to go get the docs you're asking for.

I agree with you on your post, but will add to this part(regarding the MTC): they already have the ability to get the doc's if they really wanted to (or could at least attempt it).

I like the idea of the M&C letter, MTC, and the CCP 96, keeping constant pressure on them and forcing them to work on the case when you want them to, not when they choose to.

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I was thinking I should wait to send my request for documents until I see what else they end up sending for the BOP. 

Can you give me some suggestions as to what I should request?

1) Pease provide a credit application from defendant pertaining to the alleged account.

2) Please provide all credit card statements showing all charges and payments from a zero balance to the amount charged off.

3) Please provide all documents proving assignment of alleged debt from OC to bottom feeder.

4) Please provide any and all documents bearing defendants signature.

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I agree with you on your post, but will add to this part(regarding the MTC): they already have the ability to get the doc's if they really wanted to (or could at least attempt it).I like the idea of the M&C letter, MTC, and the CCP 96, keeping constant pressure on them and forcing them to work on the case when you want them to, not when they choose to.

We've had this conversation but I figure the OP can stand to hear my counter to this.

Since their motto is the least amount of money expended they will usually only spend the money to get them if needed. If they don't know they need to get them till the last second why give them ample notice? Many times this is pointless since they want to spend the money neither now nor later. It's chess not checkers. It's not always about move for move.

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Is this an appropriate caption for the M&C

 
MEET & CONFER
2nd REQUEST FOR BILL OF PARTICULARS/                    
CCP 454
 
FYI-Here's the amended letter:

On July 30, 2013 Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or I will file a motion to compel, or in the alternative preclude from giving evidence thereof. As described below plaintiff’s response is entirely deficient. 

 

Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Nor has it provided any contract of assignment of the claim at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit.

 

Please serve a full response on or before August 29, 2013. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial. 

 

This is an attempt to meet and confer to avoid the necessity of motions to compel. 

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