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Most likely, the Plaintiff will want to claim some sort of privilege regarding the forward flow agreement.

 

My rebuttal is that they can produce documents to be reviewed in chambers... or bring up this issue of a privilege log.

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Hi @Terri123 if you still need a sample of the M&C letter let me know. I can post  the one I sent to cavalry. pretty much received the same answers to your discovery word by word.

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Hi @Terri123 if you still need a sample of the M&C letter let me know. I can post  the one I sent to cavalry. pretty much received the same answers to your discovery word by word.

 

I would be so grateful to get the sample you have.  I am working on this right now and I'm not sure how many days to give them to respond to my M&C letter.  My M&C letter for the BOP included the following: 'Pursuant to CCP section 454, Plaintiff has ten days to respond..."  Is that true for the Request for Production of Docs as well? 

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I am so grateful to have wonderful people here who are willing to help.  I am mailing the Meet and Confer letter today.  Just tweaking some things here and there before sending it out.  Thank you so much!  

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Sorry I didn't see this earlier. What a crock. Plaintiff is saying it doesn't have to give you all statements because the way it interprets an account statement claim, it would not need all statements to prevail. Of course that is not the standard for relevance under California law. THe request is relevant for your defense even if plaintiff is correct.

As far as how many days to give them, there is no requirement. So just give them a deadline that will allow you to get the response and still file a motion to compel (which you must file 45 days plus 5 if served by mail from the service of the response).

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This is an update and a few questions:

 

I was offered a settlement for much, much less than the original amount.  When I declined due to lack of financial ability, I was asked to send proof of my financial situation with the possibility that my case might be dismissed.  I have not heard back at all after sending proof of my financial situation.  I have a confirmation that it was received. 

 

Question:  How long do I have to do a Motion to Compel after not receiving anything for the Meet and Confer for Discovery?  I'm thinking it's 30 days, but I just want to make sure.   

 

It has been about two weeks since I sent the information.  Are they just stringing me along? 

 

 

Why haven't they sent me a request for Discovery?

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you must file a MTC no later than 45 days from the day they sent you the objection (or improper response).

 

They don't always send discovery request to defendants, especially if they don't intend on going to trial.

 

You may not hear anything, they may just dismiss or not show up to trial, or dismiss at trial. They may try to intimidate into settling, or making you a payment offer. You never know what they will do, but they most likely won't rush into anything.

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Counting from the date on the proof of service of the discovery responses, when is the 45th day after they were served?  Were they served by mail?

 

I am asking because I want to help you write a letter to them.  I do not think they are stringing you along.  I think they are not paying attention.

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Counting from the date on the proof of service of the discovery responses, when is the 45th day after they were served?  Were they served by mail?

 

I am asking because I want to help you write a letter to them.  I do not think they are stringing you along.  I think they are not paying attention.

 

Sorry I'm a little confused.

 

I sent the original Discovery early October.

I sent the Meet and Confer for Request for Production of Documents (Discovery) mid November. 

I received a call at the end of November.  Then an offer to possibly dismiss on that same day.

 

If I count from early October, it is way past the 45 day time limit, but that is because they waited until the very last minute to send me a response.  The response was that they objected to almost everything and they sent me duplicates of everything they had already sent me.  They also included a statement from a representative "verifying" the information they sent me. 

 

If I am counting from the day I sent the Meet and Confer for Discovery Request, i believe that would be late December. 

 

Late November was their deadline to send me a response to the Meet and Confer for Discovery.  I believe the deadline for me to send the Motion to Compel is Early January, based on this information. 

 

 

 

Thank you so much, everyone for your help!

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The response should have a proof of service attached.  That is the day that they deposited the response in the mail.  45 days from that day (plus 5 if it was sent regular mail).  It is going to be some day in mid-November judging from the date you served the request.

 

If there is no proof of service attached, just count 45 days from the date the response was signed.  They could not possibly have mailed it before it was signed so that would be a conservative date to use in calculating the motion to compel deadline.

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Ok.  I see what you mean.  The response to Discovery is dated November 5th.  That means I have until December 20th to Motion to Compel.  I have about 15 days left. 

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You might want to check the docket on Monday to see if they have dismissed. Sometimes they do so and don't tell you or even serve you with a copy of the request for dismissal. If not, consider sending something like this (I am assuming they did not address your letter but rather started to talk about settlement. If not, the letter will have to be modified):

Lawyer

Address

Re: Plaintiff v Defendant ____ county superior court case number 12345

Dear____:

Defendant must file a motion to compel further responses to Defendant's First Set of Requests for Production of Documents on or about December 20, 2015. Rather than meeting and conferring about plaintiff's deficient responses, Plaintiff said that it would consider dismissing this action. As of the date of this letter, no such dismissal has been filed.

Please respond to Defendant's meet and confer letter on or before December 11 so I can adequately address any such response in the motion. Otherwise, I will inform the Court that plaintiff did not respond.

XXOO

Terri

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You might want to check the docket on Monday to see if they have dismissed. Sometimes they do so and don't tell you or even serve you with a copy of the request for dismissal. If not, consider sending something like this (I am assuming they did not address your letter but rather started to talk about settlement. If not, the letter will have to be modified):

Lawyer

Address

Re: Plaintiff v Defendant ____ county superior court case number 12345

Dear____:

Defendant must file a motion to compel further responses to Defendant's First Set of Requests for Production of Documents on or about December 20, 2015. Rather than meeting and conferring about plaintiff's deficient responses, Plaintiff said that it would consider dismissing this action. As of the date of this letter, no such dismissal has been filed.

Please respond to Defendant's meet and confer letter on or before December 11 so I can adequately address any such response in the motion. Otherwise, I will inform the Court that plaintiff did not respond.

XXOO

Terri

 

 I love the XXOO Terri part....that's hilarious..sorry I had to comment on that one :)

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I just want to say a big thank you to everyone who has helped me all through this stressful ordeal.  I appreciate each and every one of you. :grouphug:  I will no longer be posting anything else on this thread. 

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First, CONGRATS to Terri.  Secondly, to Ruby Tuesday.  Where can I find this (Take a look at my post #111 ) as was posted in the above discussion?  From what I'm picking up here, my case with Portfolio Recovery Assoc's runs similar to yours.  Thanks.

 

Coach Mac

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