Caligirl14

Need help locating citations from CAReporters - 4 cases - court refusing to allow evidence into trial NOT provided in discovery

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We go to trial in a week from today. LVNV Funding did not respond to discovery, so we had to file a motion to compel admissions and req. production of docs. LVNV funding finally responded last week, but simply gave us the same paperwork they originally provided when we asked for a Bill of Particulars back in December - nothing new, except the answers formulated admit, deny etc. The exhibits are the same. They have provided no signed agreement which they reference in their complaint, no contract, no statements, and no itemization of account to show how they came up with the amount owed - we don't believe this is our debt.

 

We are concerned that they might try to enter evidence at our trial that they have not provided us, and want to be prepared to object to this with citations of case law which support objecting to the plaintiff entering this info after the discovery period is over. From the research we have done, the cases seem to be from CA Reporter 3rd series:

 

84Calap3rd771

195Calap3rd213

200Calap3rd372

 

and another from Cal Reporter - 235CR430 

 

Does anyone have access to these cases? I can't seem to find them at the law library! I am hoping if someone does, it will not only help us, but also help others to have these cases as a resource for trial.

 

Thank you for any help and advice as we get ready for trial.

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The cites you give are close but not quite correct.  THat is why you are having trouble finding them.

 

Here is 84 Cal. App. 3rd 771:  http://www.lawlink.com/research/CaseLevel3/54865

 

195 Cal. app. 3rd 213:  http://law.justia.com/cases/california/calapp3d/195/213.html

 

200 Cal. App. 3rd 372 appears to be incorrect.  Check again and google using the above format. 

 

The Cal Reporter cite you gave was vacated.  Try this instead:  http://law.justia.com/cases/california/calapp3d/194/1418.html

 

Good luck.

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@Caligirl14

 

I'd be very surprised if LVNV has anything more than they've already provided to you.  The reason is because they don't want to go to trial, so they would give you everything they believe is relevant in order to try to scare you into a settlement before trial.

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Thank you Calawyer so very much!! These are great. I will check my notes on the one citation. I am pretty anxious about trial, and still, having the case law and being prepared feels great. I really appreciate all the help and feedback on this forum. : )

 

BV80 - that you for your input. You are right, they huffed and puffed in their answers to admissions. They denied having an agreement, but then said it didn't matter legally speaking. They also claimed that they after a diligent search and effort, they "believed" that the original statements and all accounting was with the original creditor or in our own possession as a response to one of the questions. It is intimidating. Thank goodness we've had such great assistance throughout this process. Fingers crossed.

 

I am going to show up with an original and 3 copies of our request for Adm. and Prod of docs as well as req. for BOP. In addition, will bring their original and 3 copies of their response to all Adm, Prod of docs and BOP. Case law for objecting - best objections?

 

How often do these lawyers call on us to testify as a witness in these cases?

 

Have a great night all. If there is anything I have described that I can redact and upload that would be helpful to someone, let me know.

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Did they send you a ccp96?

Or a ccp98 which is the witness on the affidavit that supposedly says your account is true made by a person with knowledge, etc? That can be served within 150 mile of the court house?

Trial is in a week. If they sent you a ccp96, then that is everything they can use in court, and if they try to bring more you object because they didn't give it to you earlier.

You need to run down to the court house and get a subpoena stamped by the court to subpoena that witness. Then have a friend or process server try to serve it at the stated address. Let them try twice, and if they can't personally serve it, have them leave it there. Get a due diligence from them saying they tried.

Read up on astmedic's thread pinned at the top, and also a thread by string. If the witness doesn't show after you serve the subpoena, then you object to the ccp98 and they won't have anyway to authenticate any records they do have.

You would object to each piece of evidence they have with the reason being heresay, and there is no one to lay foundation for the business records. Don't let them let in that affidavit, and you should be good.

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We go to trial in a week from today. LVNV Funding did not respond to discovery, so we had to file a motion to compel admissions and req. production of docs. LVNV funding finally responded last week, but simply gave us the same paperwork they originally provided when we asked for a Bill of Particulars back in December - nothing new, except the answers formulated admit, deny etc. The exhibits are the same. They have provided no signed agreement which they reference in their complaint, no contract, no statements, and no itemization of account to show how they came up with the amount owed - we don't believe this is our debt.

 

We are concerned that they might try to enter evidence at our trial that they have not provided us, and want to be prepared to object to this with citations of case law which support objecting to the plaintiff entering this info after the discovery period is over. From the research we have done, the cases seem to be from CA Reporter 3rd series:

 

84Calap3rd771

195Calap3rd213

200Calap3rd372

 

and another from Cal Reporter - 235CR430 

 

Does anyone have access to these cases? I can't seem to find them at the law library! I am hoping if someone does, it will not only help us, but also help others to have these cases as a resource for trial.

 

Thank you for any help and advice as we get ready for trial.

http://lexisnexis.com/clients/CAcourts/ Enjoy:)

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