HumgBird

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

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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

 

Well keep fighting them.  I agree all this stuff is confusing and foreign territory for me but everyone here is so helpful and I plan to just learn as I go along.  I figure I may has well fight since they have not proven anything yet.  Just wish I had more time to spend on it as it is fairly interesting and enjoyable to do  xtookewlx

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Well they certainly did have a rent-a-lawyer there covering several different plaintiffs.  Date set for trail early next year.  Looks like I have some time but I'll start hitting them with discovery now--more requests for documents and a 2nd M&C letter.

 

Judge seemed pretty fair.  Wasn't a lot to see however.  Couple defendants did not show up and had default judgement set against them.  A couple of CM conferences via telephone with defendant's attorneys and only one other pro per there besides me for a CMC as well.  There was also a couple attorneys for a Discover case who apparently settled in the hallway before the session that morning.

 

Had an interesting conversation in the hallway before I went into the court however with a defense attorney.  I never mentioned why I was there or who was suing me.  First I hear a phone conversation he is having with a possible defendant and he was talking about how horrible Portfolio was and how they were the worst.  Then after he started a conversation with me about my cell phone and then immediately started talking about the judge (apparently covers traffic and then debt cases 2x per week) and the top 3 who are bringing in all the lawsuits are CACH, Midland and Portfolio.  He said they are pretty easy to beat (and he won 35 out of 36 himself last year) but that they are starting to "catch on" and bring in what he calls "testi-liars" (usually the same person per region) to testify as witnesses.  He said CACH has not quite caught on yet ---but I'm sure they will soon.  I'm surprised he didn't try to give me his business card  ;-)

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Hi guys!  I need some advice and definite help.  I have also been sued by Mandarich Law Group and received notice of motion and motion for order that matters in request for admissions...i answered the lawsuit when i first received it as best as i could (which was not great).  I've been trying to do this by myself but i think i should of turned to an attorney.  I tried to settle with them but they were not willing to settle any lower than what i owed which is 3800 plus attorney fees.  I had received a settlement prior to them with a different collection agency for $1000, i made 3 payments of 100 to them and when i was ready to pay the remaining 700 they wanted 1000 instead so I felt upset and my bank account had just changed so i stopped paying....now i'm being sued.  When i received the request for admission i honestly let time pass and did not answer.  Now they want $602.50 on monetary sanctions because I did not answer in time.  Im a single mom with two jobs and I have not had time for any of this.  The credit card i'm being sued for was under my name but was used by my ex fiance who left me hanging and now i cannot afford an attorney.  I just dont want my wages garnished and i was willing to settle but the amount they want is out of my reach.  Can someone help me, I have court tomorrow.  Should I hire an attorney instead?   

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@kvirgen88:

 

You should start a new thread with all of the above, and also answer questions found here: http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/?p=582650

 

Is the hearing tomorrow for the motion "for order that matters in request for admissions..."?

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Thanks! im new at this, i'm taking the time to do it right now cus my daughter is asleep.  Im sorry, the hearing isn't tomorrow its on Monday.  I'll star the new thread with the answers to those questions mentioned.

 

Thank you!  I'm completely lost when it comes to law terms, ect.

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You are in good hands!!! I will be helping you out all the way as much as i can. Let us learn from my mistakes.

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The lawyer that they will send to the CMC is another rent-a-lawyer. A cheap one who doesn't even know the case. They probably rent the one that is closest to the location of trial. I live in Northern California and Mandarich is in Southern California. Do not be intimidated. Lawyers they sent on my CMC didn't even look like one. I think she just dressed up for a job interview.

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Yes, typically rent-a-lawyers (aka contract lawyers) will handle all of the appearances at the courthouse, including trial day. Some of them are idiots, that's for sure, some of them aren't. I've read of actual JDBs lawyers showing up for some cases, but seems pretty rare.

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Hello,


    I am in a very similar situation as the original poster.  I am currently preparing my Request for Admissions, Request for Production of Documents, and Special Interrogatories.  Is there a form I can/should put the answers on or is plain paper fine?


 


Thanks


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I'm back...getting ready for trial date on Feb 2.  Sorta let time slip away from me...went way too fast.  

 

Got a notice that my case was reassigned to a new judge a couple weeks ago.  In doing online research it seems he was much hated in the family court world, pro-defense (good) but sexist (bad).  Seems he has been "reassigned".  Hopefully he won't be too much of a problem.

 

Anyway.   CACH has sent me nothing in response to my request for BOP and follow up letter.   I plan to send in the CCP 96 within the 45 day time frame.   I was supposed to send a Request for Production of Documents this summer and, like I said, time got away from me.

 

Should I go ahead and send the RFPD now or just wait and send the CCP96 which will act as my Discovery?  Just not sure if it will hurt or help me to do it at such a late time???  It seems to me they really don't have anything to send me, but I could be wrong.

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You have enough time to send the RFP's in ASTMEDIC'S thread. If it were mine I would send them now and send the ccp 96 later instead of filing a MTC for the RFP's after they object.

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SOURCE:

http://www.sdcourt.ca.gov/portal/page?_pageid=55,1525794&_dad=portal&_schema=PORTAL

CHAPTER 2 SETTLEMENT CONFERENCE

Rule 2.2.1 Voluntary Settlement Conferences

Settlement conferences may be requested if the parties represent that:

A. Settlement negotiations between the parties have been pursued, demands and offers have been exchanged, and resolution has failed.

B. A judicially supervised settlement conference presents a substantial opportunity for settlement; and

C. The case has developed to a point where all parties are legally and factually prepared to present the issues for settlement consideration and further discovery for settlement purposes is not required. If a request for a voluntary settlement

conference has been accepted by the court and a settlement conference has been scheduled, all parties must comply with the provisions of rules 2.2.2, 2.2.3, and 2.2.4 unless otherwise ordered.

(Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006; Rev. 1/1/2012; Rev. 1/1/2013)

Rule 2.2.2 Mandatory Appearance

A. The provisions of rules 2.2.2, 2.2.3, and 2.2.4 apply to both voluntary and mandatory settlement conferences unless otherwise ordered.

B. All parties, attorneys of record, and others whose authority is required to fully settle the case (including but not limited to insurance adjusters and right-of-way agents) must attend the settlement conference in person unless excused or permitted to attend by telephone as provided in section D below. If a party is not a natural person, a representative of that party with authority to resolve the dispute or, in the case of a governmental entity that requires an agreement to be approved by an elected official or a legislative body, a representative with authority to recommend such agreement, must attend the settlement conference in person, unless excused or permitted to attend by telephone as provided below.

C. If any party is insured under a policy of insurance that provides or may provide coverage for a claim that is a subject of this action, a representative of the insurer with authority to settle or recommend settlement of the claim must attend the settlement conference in person, unless excused or permitted to attend by telephone as provided in section D below. The party must notify each insurance carrier of the date, time and place of the settlement conference and of the carrier's duty to attend with full settlement authority.

D. A party or participant may submit to the court a written request to be excused

from personal attendance at a settlement conference provided that the party or participant will be available by telephone for the duration of the settlement conference. Such requests must be served on all parties at least five court days prior to the settlement conference. If the settlement conference is to be heard by a temporary judge, such requests must be submitted to the independent calendar department to which the case is assigned.

E. If a party is excused from personal attendance at the settlement conference, counsel appearing on behalf of the party must be completely familiar with the case and must have authority to make an initial demand or counteroffer in a specific amount.

F. If a party or participant fails to appear, is not fully prepared, or fails to participate in good faith, the court may continue the hearing and/or impose sanctions against the offending party or counsel. If the settlement conference proceeds as scheduled, the orders made will not be subject to reconsideration due to counsel's unfamiliarity with the case at the time of the hearing.

(Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2013)

Rule 2.2.3 Settlement Statements/Briefs

Written statements of the position of each party must be lodged with the settlement conference judge and served on other parties five court days prior to the settlement conference, unless otherwise ordered. If service is by mail, all papers must be mailed not less than ten days before the court date. Settlement conference statements do not become a part of the file and will be discarded. If the settlement conference is to be heard by a temporary judge, settlement conference statements must be submitted to the independent calendar department to which the case is assigned. Unless otherwise instructed by the court, settlement conference statements must not exceed five pages and must include the necessary information to concisely support issues of liability and damages; including a settlement demand and offer, as well as an itemization of

special and general damages, and the last offer.

Page 2 of this portion follows

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SOURCE:

http://www.sdcourt.ca.gov/portal/page?_pageid=55,1525794&_dad=portal&_schema=PORTAL

(Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2012; Rev. 1/1/2013)

Rule 2.2.4 Notifications of Settlement or Continuances

A. Settlement. In accordance with the California Rules of Court, if a case is settled, the plaintiff must immediately give the court written notice. The plaintiff must also immediately notify the court by phone or in person if a hearing, conference, or trial date is imminent. The only time a hearing set by the court may be taken off calendar is when the plaintiff advises the court that the case has been settled. In that event, a show cause hearing regarding dismissal will be conducted in forty-five days. The show cause hearing will be taken off calendar if a dismissal of all complaints and cross-complaints, or a judgment as to all complaints and cross-complaints, is filed with the court no later than five court days prior to the hearing. If such documentation has not been received by the date set for the show cause hearing, the court will immediately order appropriate sanctions and/or dismiss the entire action. Failure to advise the court at least five court days before the settlement conference that it will not proceed as scheduled, for any reason other than the settlement of the case in its entirety within the five court day period, may be deemed by the court to be a violation of an order of the court, punishable by monetary sanctions payable to the court under Code of Civil Procedure section 177.5, as well as any other sanction provided by law. In addition to monetary sanctions, any party or attorney who fails to attend a settlement conference risks having their complaint dismissed or their answer stricken and default entered. B. Continuances. Any party requesting a continuance must appear ex parte and show good cause why the settlement conference should be continued. At the ex parte hearing, a stipulation may be presented to the court, signed by all parties, accompanied by a declaration showing good cause. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2003; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2010; Rev. 1/1/2012)

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Rule 2.1.9 Case Management Conference The court expects the complaint and any cross-complaints will be served, all answers filed or defaults entered, and any challenges to the pleadings heard by the time of the initial Case Management Conference. A. Scheduling and Notice. At the time a civil complaint (excluding unlawful detainers) is filed, the Clerk of the Court will provide plaintiff with a form “Notice of Case Management Conference” that will specify the date, time, and place of the initial Case Management Conference, which will be approximately one hundred and fifty days after the complaint is filed. At the time of service of the summons on any party, plaintiff must also serve a complete copy of said Notice of Case Management Conference upon that party; and plaintiff must also serve a copy of the Notice on plaintiffs in intervention or plaintiffs in interpleader, within ten (10) days of being served with a complaint in intervention or interpleader. All cross-complainants must serve a copy of the Notice of Case Management Conference upon each cross-defendant at the time the cross-complaint is served. Case Management Conferences will also be set by the court in all cases transferred from another court, reclassified pursuant to the Code of Civil Procedure, or stayed as provided in rule 2.1.13, and in unlawful detainer actions in which the defendant has filed an answer and the court has been notified that possession is no longer in issue. Upon receipt of these cases, a notice of the change in status of the case, and/or, in all cases of a continuance of the Case Management Conference, the Clerk of the Court will, unless otherwise ordered, send plaintiff a form Notice of Case Management Conference and within ten (10) days of being served with the Notice plaintiff must serve all parties in the case with a copy of said Notice. Plaintiff shall be able to demonstrate compliance with this rule at the Case Management Conference. It is the policy of the court to hold the Case Management Conference on the date originally set. Continuances may be requested ex parte with a declaration showing good cause why the conference should be continued. However, if a disposition as to all parties has been filed with the court at least five court days prior to the hearing date, the case will be taken off calendar and no appearances will be required. This rule remains in effect after July 1, 2002, notwithstanding California Rules of Court, rule 3.20, by the authority granted in California Rules of Court, rule 3.722, to the effect that "[t]he court may provide by local rule for the time and manner of giving notice of the parties." B. Preparation for Conference. The primary focus of the initial Case Management Conference will be to determine the status of the case to ensure compliance with the policy as stated in rule 2.1.1 and to determine if alternative dispute resolution would be appropriate. A Management Statement must be completed by each party and timely filed with the court. Parties will not be required to complete a Case Management Statement for subsequent conferences unless ordered to do so by the court. Parties completely familiar with the case and possessing authority to enter into stipulations must be present or appear pursuant to California Rules of Court, rule 3.670, at the Case Management Conference and must be fully prepared to discuss any issues addressed by a Case Management Statement and all other matters specified in the notice of hearing provided by the court. Any attorney making a special appearance for counsel of record must have actual knowledge of the facts and procedural history of the case. If a party is not fully prepared, the court may continue the hearing and impose sanctions against the offending party. If the hearing proceeds as scheduled, the orders made will not be subject to reconsideration due to a party's unfamiliarity with the case at the time of the hearing. (Adopted 1/1/1998; Rev. 1/1/2001; Renum. 7/1/2001; Rev. 7/1/2002; Rev. 1/1/2003; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2008; Rev. 1/1/2009; Rev. 1/1/2013) Rule 2.1.10 Reserved for Future Use (Del. 1/1/2012) Rule 2.1.11 Expert Witnesses The court will propose deadlines for the exchange of information concerning expert witnesses and their ... [and it goes on...]

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I'm sending the Request for Production of Documents today.  

 

I have seen others do this, but not sure it's anything but a waste of my time.  Any thought to sending as well a Request for Admissions and Special Interrogatories, like they did to me?  It seems like it may be a bit "snippy" on my part to send those...?

 

UPDATE:  

ARG!  Was reading the Standard Case Management orders that was provided to me at the CMC.  It says that the cut off date for both parties for discovery is 30 days.  The responding parties time to respond must be no later than the cut off date.

 

This puts me at 25 days which is too late.   Oh well I'm going to send it anyway and hope they are too stupid to realize and send it in early.    So mad at myself for not doing this sooner.  

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Best of success to you!

Afterward, take a moment to thoroughly establish your timeflow calendar according to the proven-winner expertise of @Homelessinca - a member with a thread of pure gold!

Warmly,

I'm sending the Request for Production of Documents today.  

 

I have seen others do this, but not sure it's anything but a waste of my time.  Any thought to sending as well a Request for Admissions and Special Interrogatories, like they did to me?  It seems like it may be a bit "snippy" on my part to send those...?

 

UPDATE:  

ARG!  Was reading the Standard Case Management orders that was provided to me at the CMC.  It says that the cut off date for both parties for discovery is 30 days.  The responding parties time to respond must be no later than the cut off date.

 

This puts me at 25 days which is too late.   Oh well I'm going to send it anyway and hope they are too stupid to realize and send it in early.    So mad at myself for not doing this sooner.

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ARG!  Was reading the Standard Case Management orders that was provided to me at the CMC.  It says that the cut off date for both parties for discovery is 30 days.  The responding parties time to respond must be no later than the cut off date.

 

This puts me at 25 days which is too late.   Oh well I'm going to send it anyway and hope they are too stupid to realize and send it in early.    So mad at myself for not doing this sooner. 

 

Might try sending via overnight delivery.  

 

Did they respond at all to BOP?  

 

The good news is that you're right on track for the astmedic method.  Read his thread and download seadragon's timeline.

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It won't matter if you're late because you are going to send the ccp 96 anyway. I would just send the RFP's so it will be easier on you and they are going to object anyway.

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Might try sending via overnight delivery.  

 

Did they respond at all to BOP?  

 

The good news is that you're right on track for the astmedic method.  Read his thread and download seadragon's timeline.

 

Yes I sent overnight.   Only response to BOP was their standard letter trying to say they did not need to respond, and I followed it up with another letter.

 

Yes I'm following both astmedic's method and Seadragon's timeline.   I've written up a calendar so I won't miss anything else.

 

It won't matter if you're late because you are going to send the ccp 96 anyway. I would just send the RFP's so it will be easier on you and they are going to object anyway.

 

Good to know and yes the CCP 96 will go out on schedule xtookewlx .   Thanks!

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So my CCP 96 went out via overnight mail on the 22nd so right on the 45 day mark.  

 

Got a letter from Mandarich today.  Was expecting a response to my RFP's but no.  I received a CCP96 from them as well as Notice to Attend Trail.   Very simple doc requesting that I attend my own trail.  What is the purpose of this?  Is this the same as a Subpoena?

 

Since they mailed their CCP 96 by US mail on 12/23 I have 5 extra days to respond correct?  This should be to my advantage as they need to respond to mine first  xtookewlx

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Question...I don't seem to see it anywhere.  Is there a form I need to use to respond to their CCP 96 or just a standard in legal pleading format?  I plan to just say I don't have anything that won't be used to impeach them.

 

Also, I think I answered my own question in my previous post.  I was looking back on some of my notes and pdxdebtor had mentioned in one of his posts that Mandarich will try to call me as a witness if they don't have any evidence.  I guess this is good news!  So far I have received absolutely not one single shred of evidence from them.

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Just respond on pleading paper. "All witnesses and evidence will be used for impeachment purposes only".

 

It's common that they would put you on a witness list. Intimidation tactic.

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Just respond on pleading paper. "All witnesses and evidence will be used for impeachment purposes only".

 

It's common that they would put you on a witness list. Intimidation tactic.

 

Thanks!

 

One more question.  Checked my mail yesterday and nothing.  Sunday the 4th was 30 days before trial.   The Standard Case Management orders the court provided me indicates that the Plaintiff owes me a copy of the draft Trial Readiness (TRC) Report no later than 30 days before trial.   I am to communicate back to Plaintiff any issues no later than 14 days before trial, and we both are to present a Joint TRC report signed by both parties at the trial readiness conference (Friday before my Monday trial date). 

 

Now maybe they mailed it before 30 days and I have not received it yet? The orders say that failure to prepare or participate in preparation of the Joint TRC report in manner and timing specified can result in monetary sanctions up to $1,500.   Any recommendations how I should proceed if I do not receive anything from them in the next few days?  Send them a letter with POS requesting?

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