CaliMOO

Sued by Unifund LLC via Kenosian & Miele

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It's just a page saying verification. With your name, state that you are over the age of 18 you live in California at the following address, that you have reviewed the contents and know it to be true and that you would testify to it if called as a witness and that you swear under the perjury laws of California.

It actually c sounds like they are saying they didn't get anything and you should send the letter as Calawyer said, but the discovery response is supposed to be verified with a page written like what I stated above and signed by you.

 

This is the what the M&C Letter states:

 

"This letter is to inform you that the responses to our client's discovery request are past due. More specifically, request for production of documents, set one; and request for admissions and genuineness of documents set one. Please provide verified responses to these requests, without any objections, within 7 days from the date of this letter. If you fail to respond or if this matter is not settled, it may be necessary for our client to seek judicial intervention with respect to their discovery demands."

 

The form that I used for the RFP did not have the verbiage for verification while the form for RFA does. The RFA form that does has been edited with my name. The only thing I did not do is sign. So do I need to resend them my responses?

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I would just send the letter as Calawyer stated and sign the copy of the responses you already sent and send that with it, save copies for your self. That way it doesn't look like you are just now responding but rather sending a copy of the previous response.

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The form that I used for the RFP did not have the verbiage for verification while the form for RFA does. The RFA form that does has been edited with my name. The only thing I did not do is sign. So do I need to resend them my responses?

  I PM'd you a form you can use.

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I am now filling out my CMC Statement form CM-110 which I plan on filing and serving the plaintiff today (2-19-15) for my CMC date of 3-3-15. My question revolves around question 10 (ADR). I was unclear as to how to answer this question so I went ahead and read Rule 3.221© of the California Rules of Court. So it appears that the plaintiff should have sent me a copy of the ADR package when the complaint/lawsuit was first filed? I am basing this assumption per rule C which states

 

© The plaintiff must serve a copy of the ADR Information Package on each defendant along with the complaint. Cross-complainants must serve a copy of the ADR Information Package on any new parties to the action along with the cross-complaint.

 

I went through my summons and cannot find anything that talks about ADR. The only other documents I have received from the plaintiff were the RFP, RFA, Meet and Confer and CMC Staement, none of which contain any documents relating to ADR.

 

Is this something I can use to my advantage since this appears to be a clearly stated rule that was never followed by the plaintiff? Or is this one of those "no biggie" if it was followed by the plaintiff or not?

 

Also, do I check the "has not" box on 10a (2) to point out that I have not received any ADR packet to review?

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I also have a question for Paragraph 16 of the CMC Statement Form CM-110. My discoveries are not done yet and I am still waiting for a response from the RFP Set One and Demand for Bill of Particulars that I sent to the plaintiff. My questions are as follows:

 

1.) Do I put myself (ie. Defendant) under "Party" since I am the one issuing out the discovery request?

2.) Do I also list the RFP and Demand for Bill of Particulars in here as well since the plaintiff has not provided me with any response for any of them and leave the "Date" column blank?

 

I plan on sending out some more discovery requests such as RFP Set Two, RFA and Special Interrogatories after my CMC. Is/Are there any discovery requests/demands that I should also be sending out?

 

And I guess the most important question that I have is that would it be too late for me to file a CMC staement today 2-19-15 when my CMC date is 3-3-15? counting those days with Feb being a short month only gives me 13 days.

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I am now filling out my CMC Statement form CM-110 which I plan on filing and serving the plaintiff today (2-19-15) for my CMC date of 3-3-15. My question revolves around question 10 (ADR). I was unclear as to how to answer this question so I went ahead and read Rule 3.221© of the California Rules of Court. So it appears that the plaintiff should have sent me a copy of the ADR package when the complaint/lawsuit was first filed? I am basing this assumption per rule C which states

 

© The plaintiff must serve a copy of the ADR Information Package on each defendant along with the complaint. Cross-complainants must serve a copy of the ADR Information Package on any new parties to the action along with the cross-complaint.

 

I went through my summons and cannot find anything that talks about ADR. The only other documents I have received from the plaintiff were the RFP, RFA, Meet and Confer and CMC Staement, none of which contain any documents relating to ADR.

 

Is this something I can use to my advantage since this appears to be a clearly stated rule that was never followed by the plaintiff? Or is this one of those "no biggie" if it was followed by the plaintiff or not?

 

Also, do I check the "has not" box on 10a (2) to point out that I have not received any ADR packet to review?

Yes check the "has not" box. They are supposed to give you the information. I doubt the judge will care, but you keep track of all the rules they break and it starts to add up. I wouldn't want any part of the ADR if it were mine. 

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I also have a question for Paragraph 16 of the CMC Statement Form CM-110. My discoveries are not done yet and I am still waiting for a response from the RFP Set One and Demand for Bill of Particulars that I sent to the plaintiff. My questions are as follows:

 

1.) Do I put myself (ie. Defendant) under "Party" since I am the one issuing out the discovery request?

Yes you are a party to the case. A lot of times they will say "discovery propounded by defendant".

2.) Do I also list the RFP and Demand for Bill of Particulars in here as well since the plaintiff has not provided me with any response for any of them and leave the "Date" column blank?

List fact that you initiated discovery, demanded a BOP and that they have not complied. Leave the date blank. Did they send you objections to the discovery or just ignore it?

 

I plan on sending out some more discovery requests such as RFP Set Two, RFA and Special Interrogatories after my CMC. Is/Are there any discovery requests/demands that I should also be sending out?

I doubt that you need the RFA's or ROGS.    RFP's are important. I don't know what you asked for on set one or if they objected (I will read this thread again). You may need to send a meet and confer letter on this if you haven't already.

 

And I guess the most important question that I have is that would it be too late for me to file a CMC staement today 2-19-15 when my CMC date is 3-3-15? counting those days with Feb being a short month only gives me 13 days.

File it anyway. I think it is supposed to be filed 14 days prior to the cmc, but you file it anyway. You are supposed to meet and confer with them as you file this, usually phone over the phone with the lawyer. The rules are rarely followed with this stuff here. Do the best you can and file it.

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UPDATE!!! On 2/20/15 I received on overnight package from the plaintiff containing their responses to my RFP Set One and Demand for BOP (my BOP was sent on 1/23/15 with a 10 day response time and they just got around to responding on 2/19/15).

 

The Demand for BOP response contains the following:

 

1.) 1 year credit card statements (statements do not show a beginning balance of $0. Some statements contains autopayment and in one month some purchase activities)

2.) Bill of Sale and Assigment

3.) Affidavit (Issued and notarized in the State of Missouri)

4.) Original Data Source (I am assuming this is those pages and pages of single row data containing little bits and pieces of info on me)

 

The plaintiff's RFP Set One response had some objections but provided the following exhibits:

 

#1 - Standard/Generic Card Agreement

#2 - 1 year credit card statement

#3 - Bill of Sale and Assignment

 

On Exhibit #3 the plaintiff also included some document copies they received from when I filed for Chapter 13 back in March of 2013. The Chapter 13 was filed but decided not to pursue that option since I wasn't being given the best option by my lawyer back then. And more importantly, there were some debts that were listed that did not look right and so I wanted to investigate and clear up some of them. So the plaintiff included documents from my Chapter 13 filing along with court letters leading up to the dismissal of my Chapter 13 due to non response since I decided not to pursue it. There is no mention of this particular account that the plaintiff is suing me for in the Chapter 13 documents.

 

So far, I have filed my CMC statement and have even sent out a meet and confer to the plaintiff due to them missing the deadline on my Demand for BOP.

 

With the information I just provided, my questions are as follows:

 

1.) Should I be concerned with any of the documents that I have been provided so far by the plaintiff?

2.) Given that the plaintiff missed the deadline for my Demand for BOP, do I need to file some kind of motion and use this to my advantage?

3.) Any actions I can take to gain some leverage on the plaintiff only providing me with a year's worth of credit card statement that fails to show the entire history of the account from $0 to the amount being sought?

4.) How should I approach my objection to their affidavit not being issued in California, but in Missouri? Do I keep this in my back pocket for now use this as leverage later on?

5.) Will my documents from my Chapter 13 and how I let it expire weaken my defense?

6.) My CMC is set on 3/3/15, are there any tips or advise you can give on how I can best prepare for this meeting, what to expect and how to use this time to strengthen my defense? I know this is pre-trial, but do I bring up objections, motions etc. or do I just go with the flow of the Judge?

 

Thanks again to all the members providing with very helpful information!!!

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1.) Should I be concerned with any of the documents that I have been provided so far by the plaintiff?

You should be learning how to object to all the evidence they produce. You should be concerned with the whole case. even weak evidence is damaging if you  don't handle it properly.

2.) Given that the plaintiff missed the deadline for my Demand for BOP, do I need to file some kind of motion and use this to my advantage?

No, you aren't going to have anything of value here,

3.) Any actions I can take to gain some leverage on the plaintiff only providing me with a year's worth of credit card statement that fails to show the entire history of the account from $0 to the amount being sought?

We need to look into them more and form objections for them, if they do get admitted into evidence then you need to be able to use them against them. They can't prove the amount without a full accounting. They also can't lay a foundation for them (to get them admitted into evidence (if objected to) because they would of been created by the OC. Look into foundation and authentication in the rules of evidence.

4.) How should I approach my objection to their affidavit not being issued in California, but in Missouri? Do I keep this in my back pocket for now use this as leverage later on?

It doesn't matter what state it's made in. Keep it in the pocket for now. Affidavits are inadmissible at trial. CA Evidence Code 1200. The case to cite is Elkins v Superior Court. There is other case law as well (remember to remind me when the time comes for the extra case law on this).

5.) Will my documents from my Chapter 13 and how I let it expire weaken my defense?

They may not actually use that at a trial. If it doesn't mention this account however it actually strengthens your case. You denied this debt. You were trying to file BK in the past with all your debts and this one isn't in there. It doesn't sound damaging (without seeing it).

6.) My CMC is set on 3/3/15, are there any tips or advise you can give on how I can best prepare for this meeting, what to expect and how to use this time to strengthen my defense? I know this is pre-trial, but do I bring up objections, motions etc. or do I just go with the flow of the Judge?

It will go fast. You won't have to say much of anything Read the cmc statement, that's what's going to be covered. The judge may assign a trial date. You are not here to argue the case. Follow the judge's lead and don't say too much.

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UPDATE!!!

 

I had my CMC One today and it was darn quick!!! I was scheduled for 8:30AM and I arrived at 8:15. I was the first one there as soon as the bailiff opened the door. He took down my name and I was told that I am the first case for the day. I seated myself and about 10 minutes later the plaintiff's representative showed up. The bailiff took her name and informed her that I am also present. The plaintiff's rep approached me and here's how our conversation went:

 

Rep: Is there anything you would like to discuss about the case?

Me: No, the plaintiff has already responded to my discovery requests and vice versa.

Rep: Would you like to accept a settlement offer? I do not work for the attorney of the plaintiff, but I have the authority to issue settlement offers.

Me: (Not wanting to be caught off guard) I'd be interested in hearing this settlement offer your referring to.

Rep: How much is the amount on the case?

Me: About 14K plus attorney fees and what not.

Rep: Who is the original creditor?

Me: Citibank

Rep: (Laughs) You think they would tell me these things?!?!

 

...At this point I became very suspicious and felt that the rep was either fishing for answers or trying to get me to admit to something so I started being more cautious...

 

Rep: Have you received any statements from the plaintiff?

Me: Yes, they have sent me a years' worth of statements.

Rep: Were there payments made in that statement?

Me: There were some autopayments there but I don't recall having this account.

Rep: Was your home address on the time the statements were issued your current address?

Me: Yes, but I don't recall receiving any of those statements.

Rep: Were there purchases made in the statements sent by the plaintiff?

Me: (not wanting to further discuss anything with the rep since all she did was ask questions and has not talked about any kind of settlement offer) I'm not sure.

Rep: So you would like for this to go to trial?

Me: Yes. (and I walked away)

 

I walked away and sat down. The Judge then walked in and called my case. I proceeded forward and was asked by the Judge who I was. I stated my name and sat down. The plaintiff's rep started talking and the judge told her to speak a little louder since he could not hear her. She leaned forward closer to the mic and told the judge that the defendant (me) is not interested in a settlement offer and that I wanted a trial. The judge then asked the plaintiff's rep how far out do they want the trial, she said "4 months". Judge set the trial for 7/17/15 for 1 hour. And then the Judge moved on to the next case which my plaintiff's rep also represented. I gathered my things and motioned to the bailiff if I was free to leave and he motioned "yes". The whole CMC took less than a minute!!!

 

Questions:

 

1.) Did I handle my communication with the plaintiff's rep correctly? I really felt she was not there to give me an offer but to admit to something, or am I just being paranoid?

2.) Should I have said something when the rep said I did not accept the offer and wanted a trial? Like maybe tell the Judge that she never made an offer?

 

Next stop for me now is to prepare for trial. I still want to do some more discovery requests and maybe some interrogatories. I'll put in a separate post what I have received so far from the plaintiff and ask for suggestions on what to ask for next.

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Questions:

 

1.) Did I handle my communication with the plaintiff's rep correctly? I really felt she was not there to give me an offer but to admit to something, or am I just being paranoid?

You did just fine.  THis person was likely what I call  a "rent-a-lawyer".  She was paid to appear that day in Court for plaintiff.  She probably does not have authority to do anything other than pass along a settlement offer to plaintiff.  I might have told her that this is not the time for discovery when she asked about payment, etc., however your responses were fine.

 

 

2.) Should I have said something when the rep said I did not accept the offer and wanted a trial? Like maybe tell the Judge that she never made an offer?

No.  There was nothing you needed to say.

 

Now your first court appearance is over.  Nice going.  It will be easier next time you make an appearance.

 

 

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@shellieh98

Hi Shellieh98,

I was wondering if you could help me. I am being sued by Unifund (Kenosian and Miele) in California  for $2800.

Thus far, I have requested a BOP and received 13 months of statements. I then sent a ccp96 and received an affidavit from the State of Missouri with a notary stamp, and I go to court on June 1st. 

My question is , if I am being sued for Breach of Contract, and they haven't provided the contract or anything with my signature on it and have a an affidavit but no CCP 98 with an in lieu of letter, will it be thrown out because the witness more than likely will not show up?

Thank you for your response, I look forward to it.

Blessings, LK

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@shellieh98

Hi Shellieh98,

I was wondering if you could help me. I am being sued by Unifund (Kenosian and Miele) in California  for $2800.

Thus far, I have requested a BOP and received 13 months of statements. I then sent a ccp96 and received an affidavit from the State of Missouri with a notary stamp, and I go to court on June 1st. 

My question is , if I am being sued for Breach of Contract, and they haven't provided the contract or anything with my signature on it and have a an affidavit but no CCP 98 with an in lieu of letter, will it be thrown out because the witness more than likely will not show up?

Thank you for your response, I look forward to it.

Blessings, LK

Hi luckykid12,

 

Plenty of posters familiar with California procedure that can help you out. It would be better if you started your own thread. You should start by answering these questions: http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/  - just copy/paste into your new thread and you'll be good.

 

To address your question above, if you haven't received a CCP 98 by now, looks like they will not be using one (or dropped the ball). You definitely want to be prepared to object to them offering that affidavit, but get your thread going so we can start chiming in.

 

And welcome to the board!

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UPDATE!!!

 

With my court date scheduled for 7/17/15, I went ahead and sent my CCP 96 on 5/15/15 giving a little bit over 45 days before my court date. Again they had sent me the same documents as before:

 

1.) An signed affidavit from Citibank NA

2.) 12 months worth of credit card statement (some statements showed autopayments and transactions)

3.) Bill of Sale from Citibank NA and eventually down to UNIFUND LLC

4.) Original Data Source (some raw data that doesn't really show much)

5.) Standard Credit Card Agreement

 

And just today 6/5/15 I received a settlement letter from the plaintiff's lawyer. Based on UNIFUND's calculation my debt to them is now somehwere around $20,000 from the original $14,000. I am thinking this has to do with whatever legal fees they are adding to what they are trying to collect. I am now being offered a settlement of $1,800 with payments of $100 per month dismissal of the entire action with prejudice upon completion of the final payment.

 

What action should I take regarding this settlement offer? Since I am not certain as to how my case will pan out in court, should I consider or even accept this offer? I have read in some posts that others have suggested that the defendant should probably accept if a settlement offer is given by the plaintiff. $1,800 is definitely a smaller number than 20K.

 

Am I in the position to negotiate the settlement offer by the plaintiff? I was thinking of telling them that I do not have $1,800 but would give them a lump sum of $900 of they accept my "counteroffer"?

 

Or should I play tough and take this whole thing to court? Again, I am not certain how good my position is in defending this in court.

 

BTW, tagged on this letter is a Stipulation for Entry of Judgement. I am not sure where the Stipulation comes into play with the plaintiff's settlement offer? Reading through the Stipulation it looks like judgement is to the plaintiff, I'll have some kind of amount that is higher than the settlement offer to pay, that I will waive my rights to a trial or hearing in regards to this case in the future and that the plaintiff can still collect should I sell my property.

 

Please advise. Thanks!

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Whatever did you decide to do in this case?

 

I have not done anything yet as I am waiting for other members to respond to my questions. I have not responded yet to the settlement offer they have sent me. In the meantime, the plaintiff had also sent out a Notice To Attend Trial CCP 1987 (b )and CCP 96 request to me? Is the CCP 96 a standard request from the plaintiff to the defendant? I was looking through the forums and have been unable to find instances where the plaintiff sent a CCP 96 to the defendant. I am not quite sure how to respond to that?

 

I have not received any CCP 98 from the plaintiff. So far, the only documents I have received from them are the CCP 96 Response, CCP 1987 (b ) and CCP 96 Request to me.

 

I am leaning more towards just seeing this whole thing through all the way to court. My ideal result is obviously not to pay the JDB a single cent. Judging by the documents that they have sent me that they intend to use in court, I think I have a pretty good defense and will be able to file my motion to shoot down most if not every piece of evidence they intend of using.

 

Any thoughts and suggestions from members here would be greatly appreciated.

 

And congrats to your win @luckykid12 !!!

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They send the ccp96 to Defendant’s often. You really don't have to respond to it, but you can respond with "defendant will use evidence & witness for impeachment purposes only".

The ccp 19887 is no big deal, it's just telling you you have to go to the trial, you already knew that. They will be calling you as a witness.

You aren't going to want any part of that stipulated judgment.

I'll look over your last post in the am. If your post doesn't get answered sooner next time post "bump".

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UPDATE!!!

 

With my court date scheduled for 7/17/15, I went ahead and sent my CCP 96 on 5/15/15 giving a little bit over 45 days before my court date. Again they had sent me the same documents as before:

 

1.) An signed affidavit from Citibank NA

2.) 12 months worth of credit card statement (some statements showed autopayments and transactions)

3.) Bill of Sale from Citibank NA and eventually down to UNIFUND LLC

4.) Original Data Source (some raw data that doesn't really show much)

5.) Standard Credit Card Agreement

 

And just today 6/5/15 I received a settlement letter from the plaintiff's lawyer. Based on UNIFUND's calculation my debt to them is now somehwere around $20,000 from the original $14,000. I am thinking this has to do with whatever legal fees they are adding to what they are trying to collect. I am now being offered a settlement of $1,800 with payments of $100 per month dismissal of the entire action with prejudice upon completion of the final payment.

 

What action should I take regarding this settlement offer? Since I am not certain as to how my case will pan out in court, should I consider or even accept this offer? I have read in some posts that others have suggested that the defendant should probably accept if a settlement offer is given by the plaintiff. $1,800 is definitely a smaller number than 20K.

 

Am I in the position to negotiate the settlement offer by the plaintiff? I was thinking of telling them that I do not have $1,800 but would give them a lump sum of $900 of they accept my "counteroffer"?

 

Or should I play tough and take this whole thing to court? Again, I am not certain how good my position is in defending this in court.

 

BTW, tagged on this letter is a Stipulation for Entry of Judgement. I am not sure where the Stipulation comes into play with the plaintiff's settlement offer? Reading through the Stipulation it looks like judgement is to the plaintiff, I'll have some kind of amount that is higher than the settlement offer to pay, that I will waive my rights to a trial or hearing in regards to this case in the future and that the plaintiff can still collect should I sell my property.

 

Please advise. Thanks!

You can always negotiate the settlement and make a counter offer. You have to be the one to decide whether or not to settle or fight the case, no one else can determine that. If you do settle however, you don't want a judgment against you right from the beginning. You would want determine the settlement amount, and agree to pay it, then it would become an account stated and you could then make your payments.

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They send the ccp96 to Defendant’s often. You really don't have to respond to it, but you can respond with "defendant will use evidence & witness for impeachment purposes only".

The ccp 19887 is no big deal, it's just telling you you have to go to the trial, you already knew that. They will be calling you as a witness.

You aren't going to want any part of that stipulated judgment.

I'll look over your last post in the am. If your post doesn't get answered sooner next time post "bump".

 

Thanks for the reply! So what form or document should I use when responding to the plaintiff's request on CCP 96? Is there a form that I can download and use online?

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You can always negotiate the settlement and make a counter offer. You have to be the one to decide whether or not to settle or fight the case, no one else can determine that. If you do settle however, you don't want a judgment against you right from the beginning. You would want determine the settlement amount, and agree to pay it, then it would become an account stated and you could then make your payments.

 

I have decided to attend my court trial. Based on what I have stated in my earlier post on what the plaintiff plans on using as evidence in court, is there anything in there that I can dispute so that they cannot use it? For example, wouldn't the signed affidavit be inadmissible since it is signed and notarized in the state of MO and not California?

 

Also, should I expect a CCP 98 document from the plaintiff? On their CCP 96 response they specified the following witnesses they intend to call:

 

1.) me

2.) Person Most Knowledgeable for Citibank NA (then gives address in Sioux Falls, SD)

3.) Person Most Knowledgeable for UNIFUND CCR LLC (then gives address in Cincinnati, OH)

 

Any idea what number 2 and 3 are and what I should do with that information? Any idea what kind of questions will be asked of me when they call me to the stand?

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Thanks for the reply! So what form or document should I use when responding to the plaintiff's request on CCP 96? Is there a form that I can download and use online?

 

I assume you don't have any evidence of your own or a witness to call, you will only be  challenging what they bring, so you have nothing to report to them. Technically, you don't have to respond to it at all. It does send a good message if you do however. Just use the numbered pleading paper and style it like the DISC-015 form they sent you.

 

"Defendant will be using evidence and calling witnesses for impeachment purpose only".

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I assume you don't have any evidence of your own or a witness to call, you will only be  challenging what they bring, so you have nothing to report to them. Technically, you don't have to respond to it at all. It does send a good message if you do however. Just use the numbered pleading paper and style it like the DISC-015 form they sent you.

 

"Defendant will be using evidence and calling witnesses for impeachment purpose only".

 

Right. I really don't have any evidence at all or a witness. Does not having any of this weaken my case and favors the plaintiff? Yes, I would like to respond back to them with a "Defendant will be using evidence and calling witnesses for impeachment purpose only".

 

I'll go ahead and use DISC-015. Thanks!

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I have decided to attend my court trial.

Good for you. You have some crash course learning to do now.

Based on what I have stated in my earlier post on what the plaintiff plans on using as evidence in court, is there anything in there that I can dispute so that they cannot use it?

Everything in there can be disputed. You need to learn some rules of evidence and how to apply it. You need an objection for everything and know how to argue it.

For example, wouldn't the signed affidavit be inadmissible since it is signed and notarized in the state of MO and not California?

If you didn't know how to object to it then it most certainly would. It doesn't matter where it's signed or notarized. And just because you see something notarized doesn't prove or authenticate anything other than the notary saw this guy sign a paper and did so under oath.

 

Affidavits (hearsay) is inadmissible at trial. CA Evidence Code 1200. The case to cite is Elkins v Superior Court.

 

 

Also, should I expect a CCP 98 document from the plaintiff?

Yes. You must receive it at least 30 calendar days before trial.

On their CCP 96 response they specified the following witnesses they intend to call:

 

1.) me

Can't do anything about that (other than prepare).

 

2.) Person Most Knowledgeable for Citibank NA (then gives address in Sioux Falls, SD)

They have to give the person's name as well as address under CCP 96, so object to this witness being called at trial on that grounds. This deprives you of due process in order to be able to prepare to cross examine this person at trial or to research them.

3.) Person Most Knowledgeable for UNIFUND CCR LLC (then gives address in Cincinnati, OH)

Same objection as above. This doesn't comply with ccp 96 and is a due process violation. Witness must be listed by name and address.

 

Any idea what number 2 and 3 are and what I should do with that information?

They are not compliant with ccp 96 by not giving the name of witness and there is due process violation there (you are prevented from researching this person and preparing for cross examination at trial).

Any idea what kind of questions will be asked of me when they call me to the stand?

Did you receive a set of request for admissions, if not read someone else's. They would try to get you to authenticate evidence and admit to something if it got that far. There must be some examples on here, but I think lloking at some RFA's would sum it up. They would try to use you as their witness and prove the case for them.

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Right. I really don't have any evidence at all or a witness. Does not having any of this weaken my case and favors the plaintiff?

No it doesn't. It simplifies it. They have the burden of proof. You fight their evidence.

Yes, I would like to respond back to them with a "Defendant will be using evidence and calling witnesses for impeachment purpose only".

 

I'll go ahead and use DISC-015. Thanks!

 

************** I meant use DISC-015 as an example, but you don't send them the actual form. You are just replying to the one they sent you. You would use the information on that form (case #, names of party, etc) and its simplicity as an example and draft your response (about the impeachment purpose only) and that's it.************

 

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