credit2011

Just received Summons and Complaint but no proof of service.

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I guess less is best so they don't try to analyze it and ask more questions- like that no 4 answer by the way...

If you answer and not object then there is nothing to MTC. You can object and then answer, I just don't (for the most part). I don't see # 4 as vague and ambiguous. I'm just giving you rough answers, you can polish them up if you like. I would keep it simple. I know you'll make the right call (there can be more than 1 right answer (judgment calls).

 

 

I'll take a break and get back to you...

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ROG #7)  OBJECTION: IRRELEVANT to claim asserted herein, nor is it likely to lead to the discovery of admissible evidence.

 

ROG # 8) OBJECTION; Compounded interrogatory, further objection; calls for facts not in evidence, Defendant has denied all allegations.

 

#9) Defendant has no such documents, discovery is ongoing.

 

10) OBJECTION: IRRELEVANT, not likely to lead to the discovery of admissible evidence.

 

11) OBJECTION: IRRELEVANT, Not likely to lead to the discovery of admissible evidence.

 

These are assuming you don't want to list multiple addresses and list any spouse information. They may not apply; or you may want to answer (unlikely).

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RFA's #'s 1 - 4, 6, & 8: DENY

 

RFA # 5 : OBJECTION; Calls for legal conclusion. Without waiving right to objection defendant has denied the allegations in the complaint and disputes any and all amounts claimed due.

 

RFA # 5: OBJECTION: Calls for legal conclusion. Without waiving right to objection defendant has denied all allegations including owing plaintiff the amount in it's prayer or any other amount.

 

As with all the opinions I posted on discovery here; tailor to fit your case if necessary. I would not change these objection however (they cure any trick question problems with the RFA's) and you can use the same objection or answers without spicing it up for the judge (if he or she even see's them).

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ROG #7)  OBJECTION: IRRELEVANT to claim asserted herein, nor is it likely to lead to the discovery of admissible evidence.

 

ROG # 8) OBJECTION; Compounded interrogatory, further objection; calls for facts not in evidence, Defendant has denied all allegations.

 

#9) Defendant has no such documents, discovery is ongoing.

 

10) OBJECTION: IRRELEVANT, not likely to lead to the discovery of admissible evidence.

 

11) OBJECTION: IRRELEVANT, Not likely to lead to the discovery of admissible evidence.

 

These are assuming you don't want to list multiple addresses and list any spouse information. They may not apply; or you may want to answer (unlikely).

Dont have a spouse and they have a business address - it was a business card- so I see no reason to use and or add another address? I get all the mail there.

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RFA's #'s 1 - 4, 6, & 8: DENY

 

RFA # 5 : OBJECTION; Calls for legal conclusion. Without waiving right to objection defendant has denied the allegations in the complaint and disputes any and all amounts claimed due.

 

RFA # 5: OBJECTION: Calls for legal conclusion. Without waiving right to objection defendant has denied all allegations including owing plaintiff the amount in it's prayer or any other amount.

 

As with all the opinions I posted on discovery here; tailor to fit your case if necessary. I would not change these objection however (they cure any trick question problems with the RFA's) and you can use the same objection or answers without spicing it up for the judge (if he or she even see's them).

On RFA's #'s 1 - 4, 6, & 8: DENY - Regarding # 4 Do I say anything after that or just write deny? The question about creditor sending me monthly statements (they did send statements) Original creditor may have been another bank before I do not know or remember

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thank you!

On SOL I have not proven on my end this is the case "yet"- Can I still use this defense? Would I ask in further discovery that plaintiff must provide proof of evidence of last payment(not a statement) that does not prove anything, like a check or electronic payment from my bank to the OC- proving not SOL?

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 Regarding # 4 Do I say anything after that or just write deny? The question about creditor sending me monthly statements (they did send statements) Original creditor may have been another bank before I do not know or remember

 

Based on the underlined above: you do not have enough information to do anything other than deny. It's a judgment call on your part. You can "DENY"  or "DENY on information and belief". Both legally have the  effect as deny anyway, personally if it were mine I would just put DENY. And I wouldn't bother with many objections (other than to jobs, addresses, and spouse q's). For the most part I would either just admit or deny, and There would not be much to admit to.

 

In order to get a fair trial, or to even get a trial period, and even if you only challenge certain parts of the case, like standing only etc.; you would first have to deny everything in discovery or it would never get that far.

 

Regarding your other post: I wouldn't volunteer any other addresses either, so use the objection we discussed. As far as no spouse goes; I would still use the objections we discussed for those ROG's. Let tem argue it or keep fishing if they want.

 

As far as the SOL goes; you may never need that defense. You may or may not be able to prove it some point and you may not have to, but you do have to assert it now and you have to protect the option to use it later if you need to. You would use and argue it IF you lost your case. If you end up needing it you don't want them to produce an RFA's where you go on record as not having any affirmative defenses by your own response to the RFA's.

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Keep marching on, and continue learning. Go to your MTC hearing on the scheduled date. They have until 9 or 10 days prior to your MTC hearing to file an objection to it. They really don't have to respond to you filing the MTC, but probably will.

They will either object at the last minute or give you some documents so you cancel the MTC.

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Keep marching on, and continue learning. Go to your MTC hearing on the scheduled date. They have until 9 or 10 days prior to your MTC hearing to file an objection to it. They really don't have to respond to you filing the MTC, but probably will. They will either object at the last minute or give you some documents so you cancel the MTC.

If they object that is what would cause me to cancel the hearing? What are types of objections would they come up with to cause me to cancel? Do they show up at these hearings? Lets say of they did supply a doc? Do they just send in the doc to the court if they had one, send one to me and not show in court and then judge decides? Are their sanctions for  plaintiff not appearing physically?

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If they don't object and don't show your MTC should be granted.  If they Object, they need to give a reason for their objection.  You in turn counter as to why it should be granted despite their objection.  If they give you what you asked for prior to the hearing, you would cancel.  If they object prior to the hearing, you counter with why their objection is not grounded. They will send you the docs, not the court.

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Regardless of whether or not you receive something in the mail, you have a chance to win. Check the court website for the docket and see if they filed  a reply. 

I see the case is on docket but do not see where to find info to see any replies or filings- I looked up case summary do not see anything so far except trial dates and filings of all previous docs so I guess they have not

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Regardless of whether or not you receive something in the mail, you have a chance to win. Check the court website for the docket and see if they filed  a reply. 

I sent you a PM  for this issue - you can reply in the email or here too

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If they don't object and don't show your MTC should be granted.  If they Object, they need to give a reason for their objection.  You in turn counter as to why it should be granted despite their objection.  If they give you what you asked for prior to the hearing, you would cancel.  If they object prior to the hearing, you counter with why their objection is not grounded. They will send you the docs, not the court.

I got a response from them and all they did was object. No documents. Should I send out a letter of what now? THey said CCP 454 should not be used as it is improper to use this code section to get what I am asking for

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I got a response from them and all they did was object. No documents. Should I send out a letter of what now? THey said CCP 454 should not be used as it is improper to use this code section to get what I am asking for

 

you may have to write up and submit a reply to their opposition and state why they are wrong and they way ccp454 is proper in your case. is this for a motion to compel BOP?

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did plaintiff serve you their opposition in time? their deadline to reply to MTCs is 9 court days before the hearing, and your deadline to file and serve a reply to their opposition is 5 court days before the hearing.

 

also, do you know if your court implements tentative ruling?

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 is this for a motion to compel BOP?

Credi2011, I thought this was the MTC for discovery set 3? I have to back track and see your PM's (and this thread), but make sure you are not getting off base here (or that I'm not).

 

I think they may be objecting and throwing ccp 454 in there and avoiding the forward flow request all together, trying to sidetrack you and keep you off that request, so that they can fight on "safer grounds".

 

Someone is off base here (maybe it's me, I don't know yet). I'll read your stuff and get back to you.

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Credi2011, I thought this was the MTC for discovery set 3? I have to back track and see your PM's (and this thread), but make sure you are not getting off base here (or that I'm not).

 

I think they may be objecting and throwing ccp 454 in there and avoiding the forward flow request all together, trying to sidetrack you and keep you off that request, so that they can fight on "safer grounds".

 

Someone is off base here (maybe it's me, I don't know yet). I'll read your stuff and get back to you.

No that was the other case , this is Cach. I sent a BOP and they were insufficient and then was advised to send a MTC

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