HumgBird

Looking for some quick advice on completing Joint Trial Readiness Report

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I'm in California.   In process of responding to a draft trial readiness report submitted by the plaintiff's attorney.  My trial readiness conference is coming up in a week.  They were required to provide me the draft no later than 30 days prior but I received it only 16 days prior on a Saturday (they mailed it 21 days prior) -- and I was supposed to respond to them within 14 days from trial date.  

 

I may be over thinking things, but I have a few items I'd like to get some input on if possible so I can get this back out to them tomorrow.  Since this will be presented at the Trial Readiness Conference I am hoping this will lay the foundation (along with my trial brief) for dismissal based on the fact they have not provided me any discovery.

 

1.        They did not use the exact format provided to me by the court – should I redo into the correct format or leave as is since the plaintiff was responsible for generating the draft?

 

2.        I do plan on mentioning in my letter of response that I did not receive this document in a timely manner, resulting in my responses back to them being late.  Would it be worthwhile to try to get this statement in the joint report as well or would it make any difference? 

 

3.        They note:  The Defendant denies that she owes the debt and has asserted several affirmative defenses. Is this OK or should I revise at all?

 

4.        Exhibit Index:  They list 4 items that are documents I have never received in discovery and are also listed on the CCP96 with no attachments (CC Application, Statements, Affidavit of Sale of Debt, Bill of sale with Redacted loan schedule).  They have sent me nothing. Nothing with BOP, No response to RFPD—not one single document.  

 

The correct form lists reasons for objection and “best evidence” doesn’t really apply (I think), nor do any of the others so I plan to use “Other”

“Other” Defendant intends to  motion to exclude from evidence as exhibit was not disclosed during discovery pursuant CCP §96 and CCP §97 as well as CCP §454

 

5.        What do I submit as my Exhibits?  My General Denial, Responses to their demand for BOP, Admissions and Interrogatories and all other letters?  Can I include my requests to them and their responses (or lack thereof)?

 

6.        They note:  The parties also reserve the right to introduce any relevant discovery – should I redline this out?

 

7.       Witnesses.  Plaintiff’s response is the same as their CCP 96 response and they have 6 names of whom they “may” call at trial (if you’ve read my thread you will see they did not submit a CCP 98 and told me I can get exact name of witness one week prior.  I have responded with letter indicating this is a violation of CCP 96).     I do not need to put anything under the section for my “witnesses” correct?

 

8.       Their version of the form states that both parties certify they have met and conferred jointly and made good faith settlement attempts, but have been unable to settle the case (not true—they have never tried to contact me for settlement, but OK to leave as is I suppose). 

 

This statement I do have a problem with:  “All deadlines set by the court for exchange of experts have been met and all discovery has been completed.  The parties are prepared for trial.”  (the template says to explain here any variance from this recital).   Discovery is complete only because deadlines have passed and I have submitted my requests in a timely manner.  Responses have not been timely as a matter of fact some items have not been responded to at all by plaintiff and my response to this joint report is due to them not meeting the deadline of 30 days.   Would a comment as such be worthwhile? If I file a motion next week to have their evidence precluded based on lack of response to discovery, it would be a contradiction if I did not try to amend this sentence.   Thoughts?

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OK I've typed up a letter and put together most of my responses (don't you just love how I'm answering some of my own questions?  :ROFLMAO2: )

 

Any feedback?

 

Please find this letter in response to the Joint Trail Readiness Report you mailed to me on January 12, 2015, and received by me on January 17, 2015.  Although your draft report was not submitted to me in a timely manner (no later than 30 days before trial) I have done my best to provide my inputs in the short matter of time available to me.

 

Attached is a revised document with my changes and additions noted in red (omissions) and blue (additions/changes). 

 

Please note that, discovery is closed 30 days prior to trial and you cannot reserve a right to supplement it.  I have redlined that statement out of the document.

 

 

I am still still struggling with rewriting this last paragraph--- particularly the portion in blue: 

 

The parties noted below certify that they have met and conferred jointly, made good faith settlement attempts, but have been unable to settle the case.  All deadlines set by the court for exchange of experts have been met and all discovery has been completed.  The parties are prepared for trial

 

I also had a thought...if I file a objection to have their evidence omitted (which I will do on Monday and I still need to write up) would those be something I would want to include as an exhibit? I'm thinking not but want to make sure.

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You do not need to put anything for your witness.

Your statement doesn't have to match theirs, tell it like it is.

Discovery was never completed, time for it ran out. Plaintiff did not comply with the discovery process, it abused it. No meet and confer was ever conducted other than the meet and confer letters you sent.

plaintiff failed to comply with ccp 96 as well, and as of today's date you still have not received any evidence (including what they list in ccp 96) and are not receiving due process to prepare for trial.

You just state the difference from what they say and the truth.

If they said b you denied and have affirmative defenses then you probably don't need to adjust that.

You don't need to worry about exchange of expert witness because there won't be any.

Party's cannot reserve the right to amend discovery and you tell them you will object to that.

I would not rule it out that best evidence doesn't apply.

See if this helps and where you are now at as far as questions go.

Exhibits you have will go with your objections you file, and you do not have to respond to ccp 96 and include them, that is something they were supposed to do.

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Thanks Anon Amos - I like that approach better.  Was trying to do all this at work yesterday and my brain wasn't coming up with the best options while multi tasking.  I'm home sick with a nasty cold today so I have plenty of time to get several things written up.

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Get well soon. This form is for the judge to get a quick understanding of where your case is at and what's going on with it. You just have to bring the judge up to speed with it. A lot of what you say may be the opposite of what they say.

It should be considered a big deal that you have not received any evidence, especially if they claim you have. You can't prepare without it and it is a violation of your due process rights under the 14th Amendment. This should be an issue.

Telling the court meet and confers happened when they didn't is also an issue. It is not litigating in good faith and is a fraud against the court.

Violating the ccp 96 is grounds for evidence to be precluded as it is also a violation of your due process rights as well as the code.

Technically there's no reason they should be allowed to introduce anything and therefore it's a non suit at this point.

that's your case in a nutshell, and this form (which they were also late with) is just a quick way for the judge to get up to speed. You can go into greater detail with your trial brief.

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@Anon Amos - If I read your response correctly, since I do not need to list anything that won't be used for impeachment purposes only - I really have nothing to include on the evidence list correct? 

 

 

Also do I need to submit POS with my response to the Joint Report?  I'm going to err on the side of "yes" unless someone tells me differently

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Boom!...here it is. :

 

The parties noted below certify that they have met and conferred jointly, made good faith settlement attempts, but have been unable to settle the case.  All deadlines set by the court for exchange of experts have been met and all discovery has been completed.  The parties are prepared for trial

               Defendant disagrees with Plaintiff’s statement above.  At the time of Defendant’s response to this draft joint report from Plaintiff, no Meet and Confer has been conducted other than letters from Defendant sent to Plaintiff.  Plaintiff’s draft of this report was not received by Defendant in a timely matter (only 17 days before trial).  Discovery has not been completed within deadlines set by the court as Plaintiff has not complied with the discovery process.  Plaintiff has not provided any evidence to Defendant to date in response to Defendant’s previous requests, as well as not providing copies of the documents they have listed as evidence in their response to CCP §96.  Plaintiff has also violated CCP §96 by providing a list if witnesses they may call at trial, not who they intend to call, and only offers to provide the name of such witness one week before trial.  Defendant is not receiving due process to prepare for trial.

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@Anon Amos - If I read your response correctly, since I do not need to list anything that won't be used for impeachment purposes only - I really have nothing to include on the evidence list correct?

Also do I need to submit POS with my response to the Joint Report? I'm going to err on the side of "yes" unless someone tells me differently

I think you have the right idea but just said it wrong. You don't have to list anything because what you have is for impeachment purposes only.

I would file the POS because you are filing it with the court.

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Boom!...here it is. :

The parties noted below certify that they have met and conferred jointly, made good faith settlement attempts, but have been unable to settle the case. All deadlines set by the court for exchange of experts have been met and all discovery has been completed. The parties are prepared for trial

Defendant disagrees with Plaintiff’s statement above. At the time of Defendant’s response to this draft joint report from Plaintiff, no Meet and Confer has been conducted other than letters from Defendant sent to Plaintiff. Plaintiff’s draft of this report was not received by Defendant in a timely matter (only 17 days before trial). Discovery has not been completed within deadlines set by the court as Plaintiff has not complied with the discovery process. Plaintiff has not provided any evidence to Defendant to date in response to Defendant’s previous requests, as well as not providing copies of the documents they have listed as evidence in their response to CCP §96. Plaintiff has also violated CCP §96 by providing a list if witnesses they may call at trial, not who they intend to call, and only offers to provide the name of such witness one week before trial. Defendant is not receiving due process to prepare for trial.

It looks good to me. You might consider putting a number in front of each important fact sentence, because you have some very important information here and a lot of it.
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Well I sent it out before I saw your response so it didn't get numbered, but I intend to expand on all of that in my objection I will file on Monday.  Curious to see how the JDB responds and if they will indeed include my comments at the TRC next Friday or try to wiggle out of it.  

 

Ironically I received a v/m from attorney's office this afternoon (likely in response to the letter they received from me yesterday) but it was the basic collection type call from someone speaking way too fast and garbled, so I'm sure it got thrown back into their call center to try to reach a settlement.  First call I've received from them since they filed suit.

 

Thanks again for your help!

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Well this is interesting.... I sent my response and inputs to their draft Trial Readiness Report via overnight mail on Friday and got email notification today that the "Receiver" has moved and they are attempting to find a new delivery address.  Odd because I sent it to the same address as always and it's the same address that was included on their correspondence to me last week.   Sneaky devils.....   but at least I have proof.  This is why I prefer to spend a bit more and use an overnight mail service :-)

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Wow, just wow.  And I know you so called "attorneys" are possibly monitoring this, but you should stop shooting yourselves in the foot!   xLoserx

 

After a very difficult experience trying to contact "counsel's" office and get someone to actually answer the phone,  I had to go the route of selecting the option to "discuss my account" and after quite a go-round with the gentleman on the phone who didn't seem to want to provide me with such a simple thing as their mailing address without providing the last 4 digits of my SS (I did not), but I did have to tell him WHY I wanted the mailing address (to deliver something to one of their attorneys), he finally put me on hold (to get permission?) and came back and provided me with their new address.  I had to ask, when did they move? His answer...'yesterday was our first day."   Oh nice.  So I assume then when you just recently mailed me correspondence  requesting me to send back my inputs to the JOINT Trial Readiness Report you were not aware you were going to move and did not inform me nor change your letter head?  Are you running from the law or something?   Oh and on a side note...not a smart move to list your apparently former address as a location to subpoena your large possible witness list was it?

 

xtookewlx OK I feel better now.... rant over

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