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36 Days to Trial in Cali. Continuance? Please help.


mgp
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Hi All -

I screwed up, and need advice. I'm the defendant, being sued by a JDB in California. Trial date is set for 3/6/15.

I have not sent my RFA.
I have not sent my request for discovery.
I did not send a BOP, which I didn't even know about, until today.
I did not send a CCP 96, which I didn't know about, until today.

Question 1) Should I send all of these at once, knowing that I wont receive a response until right before trial?

Question 2) Or, should I file a motion for continuance to give me more time?

I answered the JDB's RFA and request for discovery, but I may have made a mistake in answering the RFA.

Ive read tons of topics on here, but nothing quite specific to my situation. Please help with some advice. Thank you.

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Hi All -

I screwed up, and need advice. I'm the defendant, being sued be a JDB in California. Trial date is set for 3/6/15.

I have not sent my RFA.

I have not sent my request for discovery.

I did not send a BOP, which I didn't even know about, until today.

I did not send a CCP 96, which I didn't know about, until today.

Question 1) Should I send all of these at once, knowing that I wont receive a response until right before trial?

Question 2) Or, should I file a motion for continuance to give me more time?

I answered the JDB's RFA and request for discovery, but I may have made a mistake in answering the RFA.

Ive read tons of topics on here, but nothing quite specific to my situation. Please help with some advice. Thank you.

it is too late for discovery, all discovery must be done and over 30 days before trial.

 

you should have received a document from the JDB, an affidavit in lieu of personal testimony per CCP98. or something like that. did you receive that?

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it is too late for discovery, all discovery must be done and over 30 days before trial.

 

you should have received a document from the JDB, an affidavit in lieu of personal testimony per CCP98. or something like that. did you receive that?

Thank you for responding.

I have not received an affidavit in lieu of personal testimony per CCP98. I just responded to the JDBs RFA and RFPOD last week on 1/20/15. My responses were due 12/31/14, but the JDB gave me an extension until 1/19/15 (holiday) to respond.

So are you saying that even if I request a continuance, and it's granted, I can't perform discovery?

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sometimes JDBs are nice enough to provide a ccp96 after members failed to request it. what have you received from them for the past 45 days?

  

They haven't sent me anything within the past 45 days. Im guessing because they just received my response.

You still have time to send the ccp 96 (form disc -015 ). Send it tomorrow. Even if it was late, send it anyway.

Thanks. Okay, I'll send it tomorrow. Should I try sending anything else?

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I wouldn't send anything else other than the proof of service that needs to go with it. Make copies of both but do not file it with the court.

Alright Amos, thanks for the advice. Would you happen to know why I shouldn't request a continuance aka new trial date?

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You can only get a continuance for extremely good reason and you have to file declaration in support of it. It is something that is usually objected to by Defendant. I don't think it sends a good message to the bottom feeders and most likely would not be granted. You are better off crash course learning how to win and continue on in my opinion.

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Luckily, at day 36, you're still good to send out a CCP 96. I see you're going to take care of that tomorrow, so that's a good first move. (For sure take care of it tomorrow)

 

Plaintiff has until the 30th day before trial to serve you a CCP 98 Declaration in Lieu of Testimony. They often wait until the deadline to do that. remember, they just have to serve it (get it in the mail) by that day, so you may not receive it until a few days after. Start looking at sample trial briefs and objections (MILs) & figure out your court's local rules for when those items need to be filed.

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It's been known to happen. It may still show up. You know how they usually answer things right at the last minute.

 

To reinforce what Anon Amos said, I surprisingly did not get a CCP98 for my trial which is this Friday--and my JDB is known to use them.  You may not either.

 

Edited to add:  Use overnight mail to send your CCP 96 request to them if you can and be sure to require signature and get confirmation.   And I think you have time to sent a Request for Production of Documents along with it.  Wouldn't hurt.

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You can only get a continuance for extremely good reason and you have to file declaration in support of it. It is something that is usually objected to by Defendant. I don't think it sends a good message to the bottom feeders and most likely would not be granted. You are better off crash course learning how to win and continue on in my opinion.

Okay, that makes sense. Thanks! I subscribed to a few threads on here that I thought might be helpful. Other than searching for and reading threads, do you have any advice on crash course preparation for trial?

Edit (thought my original content might be irrelevant): BIG THANKS to everyone who has chimed in!

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Okay, that makes sense. I subscribed to a few threads on here that I thought might be helpful. Other than searching for and reading threads, do you have any advice on crash course preparation for trial?

I read NOLOs Win Your Lawsuit, but it's somewhat limited.

My defense strategy is basically SOL, but based on Delaware's law since it's a BofA account. And it's my understanding that it's when the contract was first broken that the clock begins ticking. Even the CC agreement states that the account is in default when a payment is first missed.

 

I think that homelessiincalifornia threat is the most comprehensive and with lots of good documents there. also 1111girl  or something of that sort.

 

if you think that SOL has expired, hope that you included  in your affirmative defenses. 

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Luckily, at day 36, you're still good to send out a CCP 96. I see you're going to take care of that tomorrow, so that's a good first move. (For sure take care of it tomorrow)

 

Plaintiff has until the 30th day before trial to serve you a CCP 98 Declaration in Lieu of Testimony. They often wait until the deadline to do that. remember, they just have to serve it (get it in the mail) by that day, so you may not receive it until a few days after. Start looking at sample trial briefs and objections (MILs) & figure out your court's local rules for when those items need to be filed.

  

^ Okay, thanks. I will do all of the above. Thanks so much for all the great tips.

Oh, I am so sorry, trial is 3/6, for some reason I thought that trial was for February 6! my apologies. good! I was freakingout on his behalf. lol.

  

^Thanks for freakin out with me! Lol

To reinforce what Anon Amos said, I surprisingly did not get a CCP98 for my trial which is this Friday--and my JDB is known to use them.  You may not either.

 

Edited to add:  Use overnight mail to send your CCP 96 request to them if you can and be sure to require signature and get confirmation.   And I think you have time to sent a Request for Production of Documents along with it.  Wouldn't hurt.

 

^Okay, I'll do that too. I'll double check on that to see if I can. I need to re-read some of these posts too.

 

I should've read the title. send out that ccp96 as it has been suggested, and also start working on your objection to their CCP98. get ready to serve a subpoena to the CCP 98 declarant.

 

Thank you. So much helpful information. Sounds like a lot of similar experiences on here. Sad but good.

best of lucks to you, shred them!

^ Thanks for the support! I'll really need to give it my best, and not get overwhelmed.

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