HumgBird

Another on Being Sued by CACH (Mandarich Law Group) in CA

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OK hoping to get my responses out by tomorrow.  Any feedback on the request for admissions?  They have sent me no documents at all related to the account nor have responded to demand for BOP or follow up Meet and Confer letter.

 

REQUEST FOR ADMISSIONS:

1. Admit that Original Creditor issued you the Account which is the subject of this lawsuit (Cap One account number XXXXXXXX which is subject of lawsuit)

Defendant objects to this Request for Admissions on the ground that the word "Account" is vague and ambiguous in the context of this litigation. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and plaintiff has not yet responded to defendant's Demand for Bill of Particulars and Meet and Confer Letter seeking such factual information. Based upon the foregoing, defendant responds as follows: DENIED.

2. Admit that YOU used said ACCOUNT (e.g. for purchases and/or cash advances).

3. Admit that YOU and ORIGINAL CREDITOR entered into an agreement regarding the ACCOUNT

4. Admit that YOU agreed to pay ORIGINAL CREDITOR and its successors and assigned all outstanding balances owed on the ACCOUNT

5. Admit that ORIGINAL CREDITOR mailed monthly statements to YOU regarding your account.
6. Admit that you received a final statement on or around x/xx/2012 from ORIGINAL CREDITOR with an outstanding balance of $XXXXX.

7. Admit that YOU never disputed, with any person or entity including the ORIGINAL CREDITOR, the statement with an outstanding balance of XXXXXX

8. Admit that YOU have not paid the outstanding balance on said ACCOUNT

# 2 through #8 – Same as #1

9. Admit that YOU owe the Plaintiff the amount prayed in the Complaint. 

DENIED

10. Admit that YOU have no facts that would vary the amounts owed to Plaintiff. 

Same as #1

11. Admit that YOU have no affirmative defenses against the Plaintiff's complaint.

DENIED

 

 

I'm thinking I need to reword response to numbers 6, 7 and 8 as they don't use the word "account" in those requests???

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Here is response to special Interrogatories (pretty much was able to use Cali111 girls answers for this)

 

SPECIAL INTERROGATORIES:

Q. 1. State all facts upon which You base your contention that you owe nothing on the account. If you make no such contention do not answer.
Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit defendant to respond. Defendant has asked the Plaintiff to provide proof of the account and any agreement during discovery but plaintiff has not yet responded. Defendant reserves the right to supplement her answer to this interrogatory in the event such information is provided.

Q. 2. Describe each document that you believe supports your contention that you own nothing on the account. If you make no such contention do not answer.

Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit defendant to respond. Defendant reserves the right to supplement her answer to this interrogatory in the event such information is provided.

Q. 3. State all facts upon which you base your contention that you owe less that the amount prayed for in Plaintiffs complaint on the account. If you make no such contention do not answer. 

Same as #2
Q. 4. Describe each document that you believe supports your contention that you owe less than the amount prayed for in Plaintiff complaint on the account. If you make no such contention do not answer. 

Same as #2
Q. 5. State each of your affirmative defenses. 
Defendant objects to this interrogatory on the ground that it would require a compilation or summary in violation of California Code of Civil Procedure section 2030.230. Notwithstanding this objection, defendant refers Plaintiff to her answer where such affirmative defenses are set forth in their entirety.

Q. 6. State all facts upon which you base your affirmative defenses. 
Defendant objects to this Special Interrogatory on the grounds that it is seeking information that is prematurely given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Without waiving Defendant’s objection, the Defendant upon completion of discovery with the Plaintiff, will most definitely have further facts based upon her affirmative defenses in this action, and will supply such facts to Plaintiff through discovery. Defendant reserves the right to update this response to this interrogatory at a later date when more information is received.

Q. 7. State each mailing address, if different from your current residence, for the last 10 years that you received mail at each
Defendant objects to this Special Interrogatory on the ground that it is compound in violation of California Code of Civil Procedure section 2030.060(f).

Q. 8. State all facts regarding payments made on the account. 
 Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit defendant to respond. Defendant has asked the Plaintiff to provide proof of the account and any agreement during discovery but plaintiff has not yet responded. Defendant reserves the right to supplement her answer to this interrogatory in the event such information is provided. 

Q. 9. Describe each document evidencing payments made on the account.
Same as #8

Q. 10. If you have even been married, state the name of your spouse. 
Defendant objects to the Special Interrogatory to the extent this request seeks information not relevant to the subject matter of this litigation and is not reasonably calculated to lead to the discovery of admissible evidence. Based on the foregoing objection, defendant declines to provide a further response to this interrogatory.

Q. 11. State all details regarding the length of your marriage, from what date until what date. 

Defendant objects to the Special Interrogatory to the extent this request seeks information not relevant to the subject matter of this litigation and is not reasonably calculated to lead to the discovery of admissible evidence. Based on the foregoing objection, defendant declines to provide a further response to this interrogatory.

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REQUEST FOR PRODUCTION OF DOCUMENTS:

Q. 1. Copies of all DOCUMENTS between YOU and Original Creditor relating to the ACCOUNT (“ACCOUNT” means Capital One National Association C which is the subject of this lawsuit)
Defendant objects to this Request on the ground that the phrase "account" is vague and ambiguous in that the complaint does not attach any agreement relating to an alleged account such that defendant can respond. Defendant has propounded discovery upon plaintiff seeking, among other things, the identity of this alleged account and production of any agreement but plaintiff has not yet responded. Defendant reserves the right to supplement this response should such information become available.

 

Q. 2. Copies of any and all DOCUMENTS between YOU and plaintiff relating to the ACCOUNT

Same as #1

 

Q. 3. Copies of any DOCUMENTS evidencing any payments made to ORIGINAL CREDITOR on said ACCOUNT.
Defendant objects to this Request as overbroad to the extent it seeks payments on any account other than the account at issue in this litigation. Defendant also objects on the ground that the complaint does not attach any agreement giving rise to the alleged account. Defendant has propounded discovery upon plaintiff seeking, among other things, the production of any such agreement and the identity of this alleged account, but plaintiff has not yet responded. Defendant reserves the right to supplement this response should such information become available.

 

Q. 4. Copies of any and all DOCUMENTS that support the affirmative defenses raised by YOU in this action.
Defendant objects to this Request on the ground that the complaint does not identify the account at issue sufficiently for defendant to respond nor does it attach any agreement giving rise to the alleged account. Defendant has propounded discovery upon plaintiff seeking, among other things, the production of any such agreement and the identity of this alleged account, but plaintiff has not yet responded. Until plaintiff responds, defendant is unable to identify specific documents that would support her affirmative defenses. Defendant reserves the right to supplement this response should such information become available.

 

Q. 5. Copies of all DOCUMENTS from YOU regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting agencies about YOUR ACCOUNT

Same as #1

Q. 6.  Copies of all DOCUMENTS that support YOUR contention YOU do not owe the amount claimed on the complaint on file in this lawsuit.

Same as #1

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In reading over the guidelines for the upcoming CCMV it's not clear...does the Plaintiff only need to file a Case Management Statement CM-110?  In looking over the form it seems like it is plaintiff side only but vague.

 

I see from checking court records that Mandarich has already filed one.   I have not received a copy yet but did get a notice that I had a Certified Letter to pick up at PO today.

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I haven't seen it called a CCMV before but for a CMC both sides are supposed to file a case management statement (usually 15 days prior to the CMC), I would send it regardless if it's late.

 

Also, I would ANSWER more of the discovery as much as possible rather than object to all of it. There's really no reason to object to stating affirmative defenses; you either listed some in your answer or you didn't. If you listed affirmative defenses you just state what you listed, if you didn't then you just say so.

 

On RFA # 9: If you deny owing the amount prayed for in the complaint then you may be admitting to owing a different amount. DENIED. Defendant denies all allegations and any amount claimed to be owed.

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I'm thinking I need to reword response to numbers 6, 7 and 8 as they don't use the word "account" in those requests???

 

 

I think they are probably fine as is.  If you want, you could do something like the following

 

6.  Defendant objects to this Request for Admission on the ground that the phrase "Final Statement" is vague and ambiguous in the context of this litigation. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and plaintiff has not yet responded to defendant's Demand for Bill of Particulars and Meet and Confer Letter seeking such factual information. Based upon the foregoing, defendant responds as follows: DENIED.

 

7.  Defendant objects to this Request for Admission on the ground that the phrase "Statement" is vague and ambiguous in the context of this litigation. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and plaintiff has not yet responded to defendant's Demand for Bill of Particulars and Meet and Confer Letter seeking such factual information. Based upon the foregoing, defendant responds as follows: DENIED.

 

8 does use the word "account".

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You could keep the objections but follow up with the "based on the forgoing defendant responds as follows: DENIED", that adds a nice ring to it, and does not provide them with a reason to motion to compel a further response.

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Here is response to special Interrogatories (pretty much was able to use Cali111 girls answers for this)

 

SPECIAL INTERROGATORIES:

Q. 1. State all facts upon which You base your contention that you owe nothing on the account. If you make no such contention do not answer.

Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit defendant to respond. Defendant has asked the Plaintiff to provide proof of the account and any agreement during discovery but plaintiff has not yet responded. Defendant reserves the right to supplement her answer to this interrogatory in the event such information is provided.

Q. 2. Describe each document that you believe supports your contention that you own nothing on the account. If you make no such contention do not answer.

Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit defendant to respond. Defendant reserves the right to supplement her answer to this interrogatory in the event such information is provided.

Q. 3. State all facts upon which you base your contention that you owe less that the amount prayed for in Plaintiffs complaint on the account. If you make no such contention do not answer. 

Same as #2

Q. 4. Describe each document that you believe supports your contention that you owe less than the amount prayed for in Plaintiff complaint on the account. If you make no such contention do not answer. 

Same as #2

Q. 5. State each of your affirmative defenses. 

Defendant objects to this interrogatory on the ground that it would require a compilation or summary in violation of California Code of Civil Procedure section 2030.230. Notwithstanding this objection, defendant refers Plaintiff to her answer where such affirmative defenses are set forth in their entirety.

Q. 6. State all facts upon which you base your affirmative defenses. 

Defendant objects to this Special Interrogatory on the grounds that it is seeking information that is prematurely given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Without waiving Defendant’s objection, the Defendant upon completion of discovery with the Plaintiff, will most definitely have further facts based upon her affirmative defenses in this action, and will supply such facts to Plaintiff through discovery. Defendant reserves the right to update this response to this interrogatory at a later date when more information is received.

Q. 7. State each mailing address, if different from your current residence, for the last 10 years that you received mail at each

Defendant objects to this Special Interrogatory on the ground that it is compound in violation of California Code of Civil Procedure section 2030.060(f).

Q. 8. State all facts regarding payments made on the account. 

 Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit defendant to respond. Defendant has asked the Plaintiff to provide proof of the account and any agreement during discovery but plaintiff has not yet responded. Defendant reserves the right to supplement her answer to this interrogatory in the event such information is provided. 

Q. 9. Describe each document evidencing payments made on the account.

Same as #8

Q. 10. If you have even been married, state the name of your spouse. 

Defendant objects to the Special Interrogatory to the extent this request seeks information not relevant to the subject matter of this litigation and is not reasonably calculated to lead to the discovery of admissible evidence. Based on the foregoing objection, defendant declines to provide a further response to this interrogatory.

Q. 11. State all details regarding the length of your marriage, from what date until what date. 

Defendant objects to the Special Interrogatory to the extent this request seeks information not relevant to the subject matter of this litigation and is not reasonably calculated to lead to the discovery of admissible evidence. Based on the foregoing objection, defendant declines to provide a further response to this interrogatory.

 

 

You might want to add the following sentence to number 2:  Defendant has asked the Plaintiff to provide proof of the account during discovery but plaintiff has not yet responded. Defendant reserves the right to supplement her answer to this interrogatory in the event such information is provided.

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Thanks AnonAmos and Calawyer...very helpful.  I'll play around with those options a bit.

 

I have until Friday to file the CMC and I plan to do it tomorrow.  are you aware of any examples I could look at?  I've done a search but most come up completed by the plaintiff..  

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One more question.  Should I hit them with a Request for Documents with my responses since they have not responded to my previous requests?

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You could also add to the end of your document requests "without waiving objection after a reasonable inquiry and diligent search, defendant does not have the document requested." That way you answered it, even though you objected.

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I definitely would return the favor and send them the RFP's. There is a set on ASTMedic's thread.

 

Just get the case management statement form and answer the questions on it (ask for help if you need it). On the pages where you can choose alternatives to court I would just leave them blank.  

 

Answering their discovery by objection may not be that big of a deal as I thought (judging by Calawyer post # 33) and it is what they always do anyway.

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I guess they never responded to your BOP or the meet and confer letter regarding the BOP.

So, you can either motion to compel a response to the BOP or in its alternative to be precluded from entering evidence; OR send the RFP's.

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You could also add to the end of your document requests "without waiving objection after a reasonable inquiry and diligent search, defendant does not have the document requested." That way you answered it, even though you objected.

 

 

I think it is inconsistent to say that you don't know what the account means and then say you don't have any documents.  I would leave this out.

 

Remember, before filing a motion to compel, plaintiff must meet and confer with you.  If plaintiff makes a good argument, you can always agree to supplement.  But where, as here, you have no documents produced, plaintiff has made it very difficult for you to respond.

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Thanks again everyone.  Couple questions on the CM statement.  Which btw says 15 days before meeting but I just read something that said 15 court days -- did I screw up?  Because if that's the case I'm about 6 days behind now.

 

If I do not check the box that says I'm willing to attend a settlement conference, it won't be an issue?

 

Section on CM statement about discovery:  has been completed, will be completed by, and any issues.  I assume I need to fill out what I've already submitted and dates and what I plan to submit.  Should I put a notation in the "issues" section  like this below or leave it blank?

 

Defendant has submitted Request for Bill of Particulars and Meet and Confer with no documents produced to date from Plaintiff, making it very difficult to respond

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Defendant served a Request for Bill of Particulars on ____.  Plaintiff has refused to provide any documents.  Defendant may be forced to file a motion to compel to obtain the most basic documents relating to plaintiff's case.

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Thanks again everyone.  Couple questions on the CM statement.  Which btw says 15 days before meeting but I just read something that said 15 court days -- did I screw up?  Because if that's the case I'm about 6 days behind now.

even though statue states 15 days, JDB attorney file it the same morning of the Conference. so don't stress cal the court to confirm. it's no big deal as long you state that you tried to get hold of JDB attorney and file it along with POS with court and serve to other party before the conference

If I do not check the box that says I'm willing to attend a settlement conference, it won't be an issue?

No it won't be as ling you check the box where you state that you've reviewed the ADR information

 

Section on CM statement about discovery:  has been completed, will be completed by, and any issues.  I assume I need to fill out what I've already submitted and dates and what I plan to submit.  Should I put a notation in the "issues" section  like this below or leave it blank?

Check my sample below don't have to give exact dates and or type of discovery

 

Defendant has submitted Request for Bill of Particulars and Meet and Confer with no documents produced to date from Plaintiff, making it very difficult to respond

Here's redacted version of mine;

https://www.dropbox.com/s/hoip02p50fivcor/cm110--REDACTED.pdf

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If I do not check the box that says I'm willing to attend a settlement conference, it won't be an issue?

I don't think it will be an issue, but some times the court does have a mandatory settlement conference.

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Perfect...thanks everyone.  Looking online the attorneys submitted their CMS on May 9.  I still have not received a copy from them but I need to pick up a certified letter at the PO that I was notified about 2 days ago...I am guessing that is what it is.

 

Off to the court house I go to get this filed....

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Looking over one of my credit reports today (frustratingly 2 of them say they "cannot provide").  Anyway...interestingly enough the account in question, shows sold/transferred to another "lender" (I find that use of words amusing LOL).  

 

Then down a ways I see an entry from CACH  themselves dated 5/15.  Says "account info disputed by consumer, placed for collection"  also says original creditor: Cap one.  Also shows status as "Open Account"

 

Interesting why this was just posted on there as of last week.  Is this an attempt on their part to make it look like a legit debt I owe them?  

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So my CMC is tomorrow AM.  I have still not received a copy of their CM Statement they filed way back on May 9 -- although they are required to serve me a copy.  I however did send them a copy of mine with POS and Certified Mail return receipt requested.

 

I had to resort to going online and to purchase a copy from the court website just so I'm not blindsided by anything.

 

Gotta love their brief description/statement:

 

This case arises from a breach of contract where defendant failed to make payment on a C account.  Plaintiff has made several attempts to settle this matter via telephone and letters and all efforts have been exhausted.  Plaintiff filed a complaint on DATE and defendant filed an Answer on DATE.  Plantiff is attempting to enter into settlement discussions with defendant.  If efforts prove unsuccessful, Plaintiff will request that this honorable court set a trial date out 120 days from the date of this hearing.

 

I have not received any communication, in writing or via telephone from the Plaintiff since they have filed this lawsuit.  Nothing, Nada...

 

Oh and this....

 

They checked the box that says:  

 

The parties or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court.

 

Really?  When did this happen?

 

And attached to the back is POS stating they mailed the document to me.  I never received it.  Weird though because they POS says the business address of the server is Mandarich's address in LA, but then it lists the name and address of the person who is completing it towards the bottom with address in San Diego.

 

Clearly our statements about the M&C do not match.  Will I have the opportunity or should I bring up that I never received the document?  I do plan to act as if I'm unaware of what they filed and not mention that I ordered a copy because I do want it to possibly come up that I never received it.

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Also noticed that on all the documents I was served (summons and complaint) the case number is slightly different than the number that comes up when I search my record at the courts.  There are three 2-letter codes at the end of the number and one of them is different via the court records online.  I will ask when I file the record but assuming I should use the case number on the summons rater on the BOP.

I am also being sued by Mandarich. I sent a BOP and they did not comply since the complaint was for an entire amount. They dragged their feet on discovery, but I wanted discovery and they gave it to me! Seriously, I should have turned this over to an attorney...I have wasted time and effort Sorry

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@HumgBird

 

Have you gone thru a CMC before? I been thru just one > it was quick and easy. The CMC statements never came up, I wonder if the judge even looked at them; both the plaintiff and I filed them late - roughly 5 days before. I don't think the statements are a big deal. The CMC is more just a check in to see how things are going and to set the trial date. the people before me (also unrepresented) I think made the mistake of trying to argue their case and annoyed the judge. If your judge does happen to look at the CMCs and asks you a question, then you can respond, but otherwise I probably wouldn't bring them up. They're not evidence or anything, so they really have no bearing on your case.

 

I stayed quiet until the judge asked me if I was interested in settling or if I intended to fight. The best part of the CMC was that my judge, who was more than familiar with collections cases, gave me a pretty clear indication that he would be abiding by the CCP when it came to evidence. The best thing that may come out of your CMC is a read on the judge.

 

Dress professionally, be polite.

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