HumgBird

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

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Now maybe they mailed it before 30 days and I have not received it yet?

That's a possibility. Give it a few days and see. However they often do ignore filling this out. They did the same thing with me. A lot of courts do sanction for this offense, but some don't.

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?

Same thing happened to me but my court has mandatory sanctions. I filed a motion to the court that the sanctions are mandatory as per the rule, and that since I am not a lawyer that the sanction be awarded to the court, and if possible that they be used in the fee waiver program.

I wouldn't send them a letter asking for it because it's not something you need, It's to fill the judge in on the case. You already know the issues. Instead I would bring it up to the judge. I would file a judicial notice to the court with the rule attached and I would motion for sanctions and that they go to the court (not to you as the defendant).

Use everything against them.

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Yesterday I received a RRC Letter from the attorneys dated 1/12 which was last day for me to receive their response to CCP 96 but took 6 days to get to me.

 

Here is what they included along with POS:

 

 

Joint Trial Readiness Report

  1. Per court rule they were to provide the draft TRR to me 30 days prior to trial.  Mailed 22 days prior, received by me 17 days prior.  LATE
  2. Letter attached asks me to complete the blank sections, if applicable, and  notify them of any changes I wish to make.
  3. Report says we have met and conferred.  Not true.  They have never called me and have never responded to any of my requests (BOP, follow up letter, RPOD).
  4. They include an exhibit index of documents I have never seen nor received copies of - Discovery not completed?
  5. It states that the parties reserve the right to introduce any relevant discovery. Can they?
  6. They have included a witness list stating they will call one of the following custodians of record, then go on to list the names of 7 possible "testi-liars" (the usual suspects) that "will all testify as to the same subject matter", mainly maintenance of plaintiff's records and acquisition of the account from the original creditor.  However, the identify of the specific witness that will testify is not known yet as their schedules vary weekly depending on availability, blah, blah, blah - 
  7. It goes on to state that Plaintiff invites Defendant to meet and confer approximately one week prior to trial to ascertain which witness will testify at trial. Should I send letter?
  8. It states that the aforementioned individuals are available through service through Plaintiffs counsel office and goes on to give names and one address (same address as I have been sending my correspondence) -  no need to serve correct?
  9. Then concludes with a paragraph stating that all parties notice below certify they have met and conferred jointly, made good faith settlement attempts, but have been unable to settle the case.  All deadlines, set by the court for exchange of experts have been met and all discovery has been completed.  The parties are prepared for trial.    Document is pre dated to 1/30, the date of the Trial Readiness Conference, signed by one of the attorneys, and has a signature line for me to sign as well.  This is all BS, discovery has not been completed--they have not provided me with any evidence.  Deadlines set by court have not been met--I did not even receive a draft of this document by deadline.  I assume their assumption by pre dating the document is that we will both sign at TRC - Why would I sign something that Is not true and what is my course of action here...respond with letter?

Response to CCP96

  1. Technically they provided their response on time (dated the day it was received, but took 6 days to get to me)
  2. Witness list, same BS as noted above in #6
  3. Evidence:  They list 6 items:
    1. Credit application
    2. CC statement dated 2/12-6/12
    3. Bill of sale with redacted loan schedule
    4. affidavit of sale
    5. Plaintiff reserves right to introduce any relevant discovery
    6. Plaintiff reserves right to introduce impeachment evidence as necessary.
  4. And that's it NO COPIES OF DOCUMENTS OR EVIDENCE ATTACHED as requested in the CCP 96

 

So to date they have provided me with absolutely no proof they own this debt or debt is valid.

 

  • Their response to my request for BOP was the typical letter citing Distefano v. Hall 
  • I responded with letter requesting a response noting they at least owed me for Breach of Contract - nothing received
  • I responded to all of their requests timely:  RFA, RPOD, and ATSI
  • Plaintiff did not copy me on Case Management Statement but did file one before the conference
  • Plaintiff has not responded to my Request for Production of Documents mailed early last month
  • Draft Trial Readiness report not provided by deadline of no later than 30 days prior to trial ( I am supposed to respond to the report 14 days prior yet I received it on a Saturday 16 days prior)

 

So I'm looking for recommendations.  Being that I received everything so late, I'm on a major time crunch here.  TRC is 1/30 and Trial is 2/2.  I assume I need to object to all evidence they have listed they will bring,  based on the fact that they have not provided me copies by the deadline.  Any other advice?

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Also I am a bit confused by this rule of my court:  Motions in limine must be limited in scope in accordance with...(lists several cases here).  Unless otherwise directed by the court, counsel must file and serve motions in limine and opposition thereto 5 court days and 2 court days respectively prior to trial call.   Does this mean 7 business days?

 

Also I had mentioned on another thread that I found an article written by my judge about how he handles cases.  He said that at the Trial Call for Bench trials the parties should present a joint exhibit list with all objections listed.  at the beginning of a bench trial he usually receives into evidence all exhibits as to which there are no objections.  Not sure what a "Trial Call" is...is this the same as trial readiness conference possibly?

 

He goes on to say: For motions in limine he adheres to the school of thought that for bench trials they are largely a waste of time.  In his view there is usually no need in a bench trial to rule on evidentiary issues before they actually arise in the trial.

 

Struggling to understand how I would present a "joint" exhibit list with objections listed.  Would this possibly be my response to the Trial Readiness Report?

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Also I am a bit confused by this rule of my court:  Motions in limine must be limited in scope in accordance with...(lists several cases here).  Unless otherwise directed by the court, counsel must file and serve motions in limine and opposition thereto 5 court days and 2 court days respectively prior to trial call.   Does this mean 7 business days?

 

This means you have to file MIL 5 court days before trial and they must file their objections to it 2 court days before trial.

 

 

Struggling to understand how I would present a "joint" exhibit list with objections listed.  Would this possibly be my response to the Trial Readiness Report?

That is a way to do it, but they are not playing by the rules and have not even provided you with the exhibits so you can form your objections, nor are the meet and confers being handled, so I would expect it will be more of just defendant objecting rather than any type of "joint" exhibits or meet and confer happening.

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Regarding post 77:

 

1) The court may not make an issue that they were late with the TRR, but you may be able to mention it in you TRR when you fill it out or mention it in a brief pointing out that they have been untimely with everything.

2) You will need to send them a m&c letter covering some or the points I make here.

3) Discovery is closed 30 days prior to trial and you cannot reserve a right to supplement it.

4) In their response to your ccp 96 request they are required to list by name and address who they will call as a witness, and they are not supposed to be subpoenaed by you.

5) if they have not given you any of the evidence they listed on the ccp 96 then  you can motion the court that they be precluded from entering any evidence at trial.

 

Did they ever send you a ccp 98 declaration in lieu of testimony?

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No they did not send me a ccp 98 declaration in lieu.   They did provide addresses (Mandarich's LA address) and names on their ccp 96 report of why they "may" call, in addition to me.

 

I'll try to get a draft of M&C letter together today and will post up here for inputs.   Thanks for your help!

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No they did not send me a ccp 98 declaration in lieu.   They did provide addresses (Mandarich's LA address) and names on their ccp 96 report of why they "may" call, in addition to me.

 

I'll try to get a draft of M&C letter together today and will post up here for inputs.   Thanks for your help!

Tell them they must be listed by name and THEIR address. They are supposed to list who they intend to call, not a list of possibilities.

 

If you have not received any of the evidence they mentioned then  you are being deprived of due process, as you cannot even prepare for trial. You can't even file an objection to it. Also you made several attempts in discovery to get the evidence and they failed to provide it (as I understand it, correct me if I'm wrong). For these reasons they should be precluded from entering evidence at trial. Following the timeline given for MIL's I would file an objection to any evidence being presented at trial and include all that has been going on here in a trial brief that you will also file with the objection (or motion to preclude evidence), just don't call it an MIL (this is one of the reasons Calawyer has recommended no longer calling them MIL's). 

 

It's probably a good sign that you didn't receive the ccp 98 declaration.

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Anon Amos - They provided one address (the attorney's office) as well as names.  This is a new one I have not seen yet...they said I can get the exact name of the person they will bring one week prior to the trial.  So I will be sending them a letter requesting.

 

 

I'll keep looking, but does anyone have a sample MIL or Objection for no documents/answers to discovery provided at all?  Most I am finding are re: CCP 98 or what is contained in documents provided.  

 

Also do I file the objections with the court clerk?

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They have to give you the name of witness and his address (not the lawyers) and they have to provide that 20 days after your request (not a week before trial). In your M&c letter you can tell them for these reasons you will be objecting to any witness being called.

You will file the objection with the court 5 days prior to trial. Look for a motion to preclude evidence for an example. You may not find one. You can draft your own and we can help you. You won't have to say much and you will be citing the codes and statutes here more than case law (as there really isn't any case law on this, as far as I know).

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OK I intend to send this letter to JDB today.  Wondering if I should mention anything about them not providing documents listed on the CCP 96.  Although it is too late, it may alert them to try to slip something in.  Might be best to submit my objections early next week.  Opinions please?

 

On January 12, 2015, you responded to defendant's CCP 96 demand for witnesses and documents. In this response, you state that Plaintiff intends to call Magic West, OR Christie Coston, OR Victoria Mason, OR Angelica Martinez, OR Peter Huber, OR Tom Vigil as a witness, and that Defendant is invited to meet and confer approximately one week prior to trial to ascertain which witness will testify.  This hampers Defendant's ability to prepare.  Please be advised that Defendant intends to ask the court to preclude plaintiff from calling any of these witnesses at trialCCP 96 states that additional, supplemental, or amended responses to a CCP 96 request are not permitted unless ordered on a noticed motion

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My suggestions:

 

 

On January 12, 2015, CACH responded to defendant's CCP 96 demand for witnesses and documents. In this response, Plaintiff states that it intends to call Magic West, OR Christie Coston, OR Victoria Mason, OR Angelica Martinez, OR Peter Huber, OR Tom Vigil as a witness, and that Defendant is invited to meet and confer approximately one week prior to trial to ascertain which witness will testify. 

 

Such a response is not permitted by the Code of Civil Procedure.  CCP 98 requires CACH to serve a list of the witnesses that it intends to call at trial.  CACH has not done so, electing instead to list those it may call at trial.  Plaintiff's failure to comply has hampered Defendant's ability to prepare and purports to place a reuirement on Defendant to meet and confer one week before trial to obtain the information that CACH was obligated to provide long ago.

 

 Please be advised that Defendant intends to ask the court to preclude plaintiff from calling any of these witnesses at trial.

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Thank you so much calawyer...I was hoping you would chime in.  Your version sounds much more impactful!

 

I was not served a CCP 98 (surprisingly), just the CCP 96 response with the witnesses of whom they may bring one with to trial but it still works if I change that.   

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Had my Trial Readiness Conference this morning.  I burned the midnight oil (and much time during my "day job") to get my trial brief done yesterday evening.  I'll give my detail later, but I had sort of gone "underground" with my prep since last week as I suspected JDB's attorneys may have caught on to my thread since I wasn't too bright and put way too much info in my thread title (Google Mandarich and it pops right up there 2nd behind Mandarich's website info).   

 

Anyway..it was nearing 9 AM and no rent-a-lawyer yet.  I was hopeful they would be a no-show, but then the court clerk asks for me and another defendant (personal injury...next best thing to JDB's ::devillaugh:: ) and informs us that our attorney would be a bit late as he was in another court room. Darn!  Rent-a-lawyer rushes in literally just as the other cases in the courtroom finish up.  Same guy that was at my CMC.  He deals with the other case first leaving me as the last lonely person in the court room.   Then my turn....we walk up, introduce myself, rent-a-lawyer is desperately shuffling through is papers looking for my case and says....

 

"actually Your Honor, the Plaintiff would like to DISMISS WITHOUT PREJUDICE"    :yahoo:

 

I highly suspected this would be their only alternative due to a total mess up they did with our Joint Trial Readiness Report per my thread here

http://www.creditinfocenter.com/community/topic/325332-looking-for-some-quick-advice-on-completing-joint-trial-readiness-report/

I'm sure they didn't want to risk getting slapped with a fine...in addition to their total lack of evidence and my MIL's I filed earlier this week.

 

Anyway, I'll give more detail soon, just wanted to let you all know.  It can be done and it's so worth it to fight back!  And to echo others, I could not have done it without this forum and great group of people.  Special thanks to @Anon Amos and @calawyer, as well as everyone else who chimed in with advice as well as those who blazed the trail in their threads and info and examples/documents and experience they provided. 

 

I wish it could have been "with" prejudice, but I'll take it!!

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These "attorneys" at Mandarich are indeed a sneaky bunch.  Just a warning to anyone else dealing with them in their lawsuit with CACH to expect them to do whatever possible to give you as little a time that they can to respond to their shenanigans, or to cover their butts.  

 

They use a postage meter which means their documents mailed via US mail will not have a cancellation that shows when the envelope is actually put in the mail.  I had a suspicion they were doing this, but based on what I received in the mail this weekend, I'm pretty sure that, every day, they go in and meter a few envelopes so they have the same date as the letter or document they need to submit by a certain deadline, then wait 3 or 4 days before they put it in the mail ensuring that it indeed does take at least 5 days for the document to arrive--or in my case, to cover their butts when they screw up.

 

Their office is only about 3 hours away from me give or take.  Mail sent to me should take only one day, at the very most 2.   The first time I noticed this was their response to my CCP96.  I had sent my request via overnight mail so they only had 22 days to respond.   I thought they had missed their deadline, but it suddenly showed up on a Saturday CRR Mail - 6 days after it was supposedly mailed.  Documents and postage metered on the envelope were dated the day their responses were due.   They also included in their response their Draft Joint Trail Readiness Report (2 weeks late) and I received it technically only one day before my response was due.

 

After posting on here about filing MIL's because they did not include any evidence, they suddenly mailed me out a packet of "evidence" (again too late to be submitted per code), and this package only took a couple of days to get to me (could have only taken one day ...I'm not sure as I did not check my mail the day prior).  So this means they were likely monitoring this thread and/or realized their mistake and sent them out ASAP...a large envelope did not take much time to get to me when they needed to get it to me.

 

Exactly one week before my trial readiness conference on a Friday, I sent them via overnight mail, my inputs and changes to their late Draft Trial Readiness Report.  They should have received it the following Monday.  It was sent to their usual address as listed on their letterhead and envelopes.  I received an email from UPS on Monday that they "Recipient had moved and unavailable to accept delivery," so I shot them off this letter which I sent overnight mail and they received 2 days before the trial readiness conference:

 

Please find attached, copies of 3 Motions in Limine I have submitted to the court on January 26, 2015, and were intended to be delivered to you today.  Unfortunately I have been delayed in providing these to you sooner as I was notified by UPS yesterday that you have apparently moved, and I have had to track down your new address and update the shipment label with UPS. 

 

This sudden and uninformed address change has also resulted in a delay and extra shipment costs to me with regard to providing responses and input to the Joint Trial Readiness Report, which you provided to me nearly 2 weeks late--and  is due to be presented to the court in only 3 days.

 

It puzzles me as to why your correspondence inviting my input did not also inform me that you were moving as of a certain date, nor provide an updated forwarding address.   Was this a sudden and unexpected move?  Surely you can imagine that this would hinder our ability to confer as well as share documents in a timely manner (as required per Code) regarding our upcoming trial date. 

 

This also further reinforces my objections to the witness list you provided me with your CCP 96 response, as referred to in my meet and confer letter dated January 21, 2015.  In your CCP 96 you listed your, now apparently former, address as to where they would be available for service, and yet you could not provide the name of the exact person I would need to serve until approximately one week before trial.  And here it is, less than one week before trial, you have moved, and I have not been informed

 

Of course as you know, they dismissed Without Prejudice at the conference.   But I had to laugh when this weekend, the day after they dismissed, a received a letter from them, dated Monday, Jan. 26, envelope also dated Jan. 26, with POS informing me they had moved.   This took 6 days to get to me?  I'm pretty sure they mailed that letter out Thursday after receiving my letter the day prior.  Nice try, but a total fail.

 

So long story short...if you are reading this and are being sued by CACH/Mandarich - keep this in mind, save the envelopes, and be aware of their tactics.  

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There is a new law that might get you some additional costs.  Here it is:

 

581.5.  In a case involving consumer debt, as defined in Section

1788.2 of the Civil Code, and as regulated under Title 1.6C.5

(commencing with Section 1788.50) of Part 4 of Division 3 of the

Civil Code, if the defendant debtor appears for trial on the

scheduled trial date, and the plaintiff debt buyer either fails to

appear or is not prepared to proceed to trial, and the court does not

find a good cause for continuance, the court may, in its discretion,

dismiss the action with or without prejudice. Notwithstanding any

other law, in this instance, the court may award the defendant debtor'

s costs of preparing for trial, including, but not limited to, lost

wages and transportation expenses.

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Had my Trial Readiness Conference this morning.  I burned the midnight oil (and much time during my "day job") to get my trial brief done yesterday evening.  I'll give my detail later, but I had sort of gone "underground" with my prep since last week as I suspected JDB's attorneys may have caught on to my thread since I wasn't too bright and put way too much info in my thread title (Google Mandarich and it pops right up there 2nd behind Mandarich's website info).  

i, for one, think thats awesome and hope more people learn how to defend themselves.

 

 

There is a new law that might get you some additional costs.  Here it is:

 

581.5.  In a case involving consumer debt,.....

also very awesome and i hope some people are able to motion the bench in such situations

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There is a new law that might get you some additional costs.  Here it is:

 

581.5.  In a case involving consumer debt, as defined in Section

1788.2 of the Civil Code, and as regulated under Title 1.6C.5

(commencing with Section 1788.50) of Part 4 of Division 3 of the

Civil Code, if the defendant debtor appears for trial on the

scheduled trial date, and the plaintiff debt buyer either fails to

appear or is not prepared to proceed to trial, and the court does not

find a good cause for continuance, the court may, in its discretion,

dismiss the action with or without prejudice. Notwithstanding any

other law, in this instance, the court may award the defendant debtor'

s costs of preparing for trial, including, but not limited to, lost

wages and transportation expenses.

 

Good to hear.  Too bad they don't reimburse postage costs...that was my 2nd biggest expense aside from the fee to file my answer.

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Good to hear.  Too bad they don't reimburse postage costs...that was my 2nd biggest expense aside from the fee to file my answer.

 

 

I have never understood that.  Especailly when the Court requires you to overnight mail any opposition or reply brief.

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