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Account statements verified?


xavi72
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I've recently propunded Production of documents to the OC in which they responded by providing almost all of the statements from inception of the account to when it went into defaul.  At the end of the statements, there was a signature from one of the representatives from the OC.

 

Does this mean that the statements have been verified and can stand as sole evidence in trial?  Even though I requested more documents this was all I received.  Is this a situation where Rocha vs. Target case law applicable?

 

Any suggestions would be greatly appreciated as I don't know if there is another procedure I should take in response to this.

 

 

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Okay, I was trying to multitask, with too many tasks! I accidentally pressed post.

Anyway, this happened to me with my cap1 case during not only the discovery portion of the case, but also during the very end, when they sent them again with the CCP98. So, I subpoenaed the witness, who didn't appear. Case dismissed.

I sometimes think people don't appreciate the power of the subpoena. Keep treading that water.

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Okay, I was trying to multitask, with too many tasks! I accidentally pressed post.

Anyway, this happened to me with my cap1 case during not only the discovery portion of the case, but also during the very end, when they sent them again with the CCP98. So, I subpoenaed the witness, who didn't appear. Case dismissed.

I sometimes think people don't appreciate the power of the subpoena. Keep treading that water.

 

Did you subpoenaed the same witness right away or when it was getting close to your trial date?

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Per CCP 98 the declarant/affient is to be available for service starting 20 days before trial. Once you get the subpoena to whomever is serving it for you, it can take a few days for them to attempt service then get you a report. I think some have experienced it take longer (over a week). In a pinch, I've read about a member or two using a family member to attempt service within just a few days of trial, then give the MIL to the judge & plaintiff just before trial or make their argument during trial. If you are going to file a Motion In Limine before trial to get the CCP98 excluded, you'll want to give yourself enough time to get back the server's Declaration of Diligence, add the details to your MIL & Declaration in Support of MIL, and file it before your court's deadline for filing MILs.

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Per CCP 98 the declarant/affient is to be available for service starting 20 days before trial. Once you get the subpoena to whomever is serving it for you, it can take a few days for them to attempt service then get you a report. I think some have experienced it take longer (over a week). In a pinch, I've read about a member or two using a family member to attempt service within just a few days of trial, then give the MIL to the judge & plaintiff just before trial or make their argument during trial. If you are going to file a Motion In Limine before trial to get the CCP98 excluded, you'll want to give yourself enough time to get back the server's Declaration of Diligence, add the details to your MIL & Declaration in Support of MIL, and file it before your court's deadline for filing MILs.

 

Thank you for your reply...I figured something like this would need to happen from my part.  However, my trial is still about 1 year away and I was trying to find a way to make it challenging now so that way they might dismiss earlier.  I don't want to wait a whole year before trying this.

 

Doesn't matter if the CEO signed them after looking at every single one. They would need him to submit an affidavit in lieu of testimony, and even then would not be admissible if you objected. You have a right to cross examination.

One of the things I requested in my production of documents was to give the names of all the witnesses they were planning to use for this case but they replied by stating that it was too premature to provide this to me because the trial was still a year away.  I'm curious if the person who signed the verification of the statements is the witness they're going to use.

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Thank you for your reply...I figured something like this would need to happen from my part.  However, my trial is still about 1 year away and I was trying to find a way to make it challenging now so that way they might dismiss earlier.  I don't want to wait a whole year before trying this.

It's a long wait. But at least you can use it to your advantage by learning what you need to inside and out.

 

One of the things I requested in my production of documents was to give the names of all the witnesses they were planning to use for this case but they replied by stating that it was too premature to provide this to me because the trial was still a year away.  I'm curious if the person who signed the verification of the statements is the witness they're going to use.

Remember, anytime you make a request of them, it's an exchange of information, both ways. You may be the one asking, but you may also be indicating to them  what your strategy might be via the questions asked or items requested.

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Thank you for your reply...I figured something like this would need to happen from my part.  However, my trial is still about 1 year away and I was trying to find a way to make it challenging now so that way they might dismiss earlier.  I don't want to wait a whole year before trying this.

It's a long wait. But at least you can use it to your advantage by learning what you need to inside and out.

 

One of the things I requested in my production of documents was to give the names of all the witnesses they were planning to use for this case but they replied by stating that it was too premature to provide this to me because the trial was still a year away.  I'm curious if the person who signed the verification of the statements is the witness they're going to use.

Remember, anytime you make a request of them, it's an exchange of information, both ways. You may be the one asking, but you may also be indicating to them  what your strategy might be via the questions asked or items requested.

 

 

You're probably right about this...it makes sense that what I'm asking them for in discovery is also helping them get prepared for issues I might bring up at trial or even before hand.

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There may be times where requesting things/pushing the plaintiff is warranted, such as a BOP. Or some basic discovery requests that can give you an idea of what kind of 'evidence' they have. Other items you may not want them to produce, or you want to do it according to a timeline that helps you. They can give you a witness name now, but they don't have to stick to it, they can change that witness before your trial next year; wouldn't do you any good to have a name today. When you get closer to trial (45 days), you can request an Evidence & Witness list per CCP96. They only have a 20 day window to respond and they have to disclose exactly what/who they will be using and they cannot surprise you with anything new after that. They are locked in. Spring that one on them last minute so they have as little time as possible to react.

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