james24

Anyone Facing CACH/Mandarich in California, Maybe i can help!

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I had encounters with them!

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For beginnings like filing answers, requesting documents read @ast medics thread on how he beat midland. Then if you are to face them in court, pm me and i will let you know what went on my trial. There are so many people to help you here. I am doing the same because of these people who helped me! I am paying it forward. @calawyer , @HomelessInCalifornia , @Seadragon , @ASTMedic to name a few!

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My husband has a court date against CACh/MandaRich in August.  Thanks to all the wonderful people here, we have responded to the lawsuit, answered discovery, sent a request for a Bill Of Particulars, and sent them request for admissions, request for documents, and interrogatories.

 

The BOP went along exactly like I expected, after reading many threads here.  They refused, citing Distenfano.  I sent a follow-up, They refused again, but asked that we call or email them about a settlement. 

 

In the discovery packet they sent, they refused to produce documents claiming "trade secrets".

 

I'm not sure what my next step should be.  Should I file a motion to compel?  Any advice would be appreciated.

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My husband has a court date against CACh/MandaRich in August.  Thanks to all the wonderful people here, we have responded to the lawsuit, answered discovery, sent a request for a Bill Of Particulars, and sent them request for admissions, request for documents, and interrogatories.

 

The BOP went along exactly like I expected, after reading many threads here.  They refused, citing Distenfano.  I sent a follow-up, They refused again, but asked that we call or email them about a settlement. 

 

In the discovery packet they sent, they refused to produce documents claiming "trade secrets".

 

I'm not sure what my next step should be.  Should I file a motion to compel?  Any advice would be appreciated.

 

Hi @desertdweller - how many days has it been since Plaintiff served their response to your request for production of documents?

 

Assuming you haven't run out of time - you would need to send at least one (two would be better) meet & confer letters to Plaintiff's attorney re: Plaintiff's insufficient response to your request for production of documents prior to you drafting and filing a motion to compel.

 

Keep in mind that drafting a motion to compel discovery requires a significant amount of hours to complete.

 

However by sending one or two brief but well written meet & confer letters, its possible you may prompt Plaintiff's attorney to file a motion for a protective order for the documents you requested (the complete forward flow agreement referenced in their 1-page bill of sale is the one we are assuming you requested).

 

The advantage of this, should it transpire that way, is that it will be far less time consuming for you to make your arguments in an opposition filing to a motion originated by the Plaintiff, rather than originating a motion yourself.

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My husband has a court date against CACh/MandaRich in August.  Thanks to all the wonderful people here, we have responded to the lawsuit, answered discovery, sent a request for a Bill Of Particulars, and sent them request for admissions, request for documents, and interrogatories.

 

The BOP went along exactly like I expected, after reading many threads here.  They refused, citing Distenfano.  I sent a follow-up, They refused again, but asked that we call or email them about a settlement. 

 

In the discovery packet they sent, they refused to produce documents claiming "trade secrets".

 

I'm not sure what my next step should be.  Should I file a motion to compel?  Any advice would be appreciated.

 

Also, you'll want to determining who your Judge is (if you don't already know) and whether they are truly unbiased, or if they are biased in favor of Plaintiffs in collection cases.

 

If you have an unbiased Judge, this Plaintiff and Attorney is very beatable.

 

If you determine you have a biased Judge, you will want to file a CCP 170.6 preemptive challenge which will result in your case being assigned to a different judicial officer.

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small fry - how would one go about finding out if your judge is biased or not?  Sit in on some cases in the courtroom or is there some way to find the outcomes of previous cases with that judge?   Mine seemed nice enough but at the CMC there was nothing taking place to give me a good idea.

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small fry - how would one go about finding out if your judge is biased or not? Sit in on some cases in the courtroom or is there some way to find the outcomes of previous cases with that judge? Mine seemed nice enough but at the CMC there was nothing taking place to give me a good idea.

Taking the opportunity to observe your assigned judge preside at either trial or motion hearings (which are usually held on a separate day than trial hearings) will be very informative for you. Conversely, as you experienced, since there is often very little at stake during a Case Management Conference, a CMC may not reveal any bias held by a Judge.

So sit in on trial hearing or motion hearings in your Court if you are able. You may be unpleasantly surprised to find your Judge's demeanor markedly different towards Defendants in these hearings. In fact, your Judge may turn out to be biased against all Defendants in collections cases in a way that is plainly obvious from the beginning of a trial or motion hearing.

Here, In these forums, everyone helps prepare you by citing the relevant statutes and controlling case law, which you will spend the months prior to trial studying and memorizing. So, you'll want to confirm ahead of time that your Judge rules according to the statutes and controlling case law cited here, and doesn't "have their own opinion" about the same. In particular CCP 98 and Target v Rocha (which come into play at trial).

If your Judge turns out to be biased, and you would like to file a CCP 170.6 preemptive challenge, it is actually very easy to do so and will result in the biased Judge being removed from your case.

CCP 170.6 is a powerful tool which the Legislature has wisely given Defendants (and Plaintiffs). It is there for you if you need it.

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You may be able to look up "tentative rulings" on your courts website and see how the judge has ruled, assuming your court uses the tentative ruling method. You could also look up a book in the law library called "judges opinions", and find your judge in it and see what comments they have made on different subjects.

 

Find out what type of lawyer your judge was.

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How do I find out who the judge is?  The trial date is about 6 weeks away.  I just received a Notice to Attend Trial, a CCP 96 request for witnesses and documents, and a CCP 98 Declaration In Lieu of Direct Testimony.  Attached to that are two statements, both from November 2011; one shows a balance of $0.00, a short form purchase agreement between, OC and Cach, and a proof of service with the date covered in white-out.  

 

My husband's military record shows he was at sea or out of the country during much of the time they claim this account was open.  If we had received the BOP, He may have been able to prove he could not possibly have used the card on certain days.  Should I include his military record, or at least his dates of deployments, in my answer to the CCP 96? 

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How do I find out who the judge is?  The trial date is about 6 weeks away.  I just received a Notice to Attend Trial, a CCP 96 request for witnesses and documents, and a CCP 98 Declaration In Lieu of Direct Testimony.  Attached to that are two statements, both from November 2011; one shows a balance of $0.00, a short form purchase agreement between, OC and Cach, and a proof of service with the date covered in white-out.   

 

Along with the date and time of the trial on the Notice to Attend there will be a "Dept" or "Div" listed. Your County's Court website should have a directory with each Judge and their Department or Division.

 

So, as an example, if you were to Google search "Riverside County Superior Court" + "Dept C-53" or "Div A11" or similar, you would likely find that Court's Directory with a list of Judges amongst the search results. You can do the same for your County Court and the Department or Division listed on the notice to attend.

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Trials are held on the same day and time every week. So if your trial will be on a Monday at 9:30 am six weeks from now, you have the opportunity to observe your Judge each Monday at 9:30 am prior to trial. Same with motion hearings in your court. They are held on the same day and time each week.

 

@desertdweller It sounds like you already served your own CCP96 request on the Plaintiff since you received Plaintiff's CCP 98 Declaration and other documents. Is that right ?

 

Other tasks to start on:

 

Drafting your Motions in Limine.

 

Find out your Judge's deadline for accepting Motions In Limine prior to trial. How many days prior to trial? 

 

Find out if your Court still provides Court Reporters for trials. (Most don't due to budget cuts, but apparently a few still do).

 

Look for an affordable process server to serve Plaintiff's CCP98 Declarant in the 20 days prior to trial, or confirm the Deputies at the Sheriff's station (nearest the address given for the Plaintiff's CCP98 Declarant) will serve the subpoena.

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How do I find out who the judge is?  The trial date is about 6 weeks away.  I just received a Notice to Attend Trial, a CCP 96 request for witnesses and documents, and a CCP 98 Declaration In Lieu of Direct Testimony.  Attached to that are two statements, both from November 2011; one shows a balance of $0.00, a short form purchase agreement between, OC and Cach, and a proof of service with the date covered in white-out.  

 

My husband's military record shows he was at sea or out of the country during much of the time they claim this account was open.  If we had received the BOP, He may have been able to prove he could not possibly have used the card on certain days.  Should I include his military record, or at least his dates of deployments, in my answer to the CCP 96? 

I am thinking that that would be used to impeach the statements and the witness to show that it was not from authorized use. However the deployment schedule almost certainly is classified at a minimum confidential and may be a big violation for disclosing ship movements. He would have to get some info on that, but that will almost certainly alert the command to financial poroblems which the military doesn't like.

 

It is a double edged sword.

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