Do I contest 'evidence' provided in discovery in a trial brief when plaintiff ignores CCP96?

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Writing my trial brief now... its due really soon. Plaintiff missed responding to CCP96 and I am motioning to preclude all evidence. However, they did provide some of the usual garbage to a BOP request. not sure whether to address this or not in the brief. I'm anticipating they will fail to file a brief so im trying to be as concise as possible

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We obviously don't half a$$ things like they do so always have your docs ready but I'll be surprised if they are allowed to use the evidence. Sounds like your court gave them a good slap when they didn't file for the CMC. As I said don't go and get lazy but I think you're doing very well and it will all look good to the judge.

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I had the same situation; failure to respond to ccp96 was fatal to jdb's case, but i did file a trial brief - i think it mostly addressed the documents attached to ccp98.  It's here if you'd like to take a look: http://www.creditinfocenter.com/community/topic/319956-sued-by-cach-llc-in-ca-update-i-win-its-over/?p=1295072

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