FiredupinCA

Cavalry/Winn Lawsuit in California

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1.  (Hereinafter, "request" refers to and means "a request for the admission of a fact which is made by plaintiff in Set One of Plaintiff's Request for Admissions, dated (date prepared) and served within)  For each of your responses that is not an unqualified admission, please state all facts upon which you base that response, identifying that response by reference to the number of the request to which it is made.

Defendant objects to the Special Interrogatories Set One on the ground that it is compound in violation of California Code of Civil Procedure section 2030.060 (f)

Defendant also objects on the ground that the Request themselves were vague in seeking admission about the “account” at issue in this litigation, the identity of which remains unclear. Defendant has asked Plaintiff to respond to a Bill of Particulars pursuant to California Code of Civil Procedure section §454 setting forth the alleged “credit card agreement” referred to in the complaint all credits that were made to the “account”, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the “account.” Plaintiff objected and has not provided the complete “account.”

            Without waiving foregoing objections, Defendant notes that discovery is ongoing and Defendant reserves the right to supplement (his/her) response should Plaintiff comply with its obligations under the code.
 

2.  For each of your responses that is not an unqualified admission, please state the name, address and telephone number of all persons who have knowledge of the fats supporting your response, identifying that response by reference to the number of the request to which it is made.

Defendant objects to the Special Interrogatories Set One on the ground that it is compound in violation of California Code of Civil Procedure section 2030.060 (f)

            Without waiving foregoing objections, Defendant answers this Requerst as follows: (NAME, ADDRESS, PHONE NUMBER. Defendant also believes that certain of Plaintiff’s employees have relevant knowledge, however their identities are presently unknown to Defendant.

3.  For each of your responses that is not an unqualified admission, please identify all documents which support your response, identifying that response by reference to the number of the request to which it is made.

After a diligent search and a reasonable inquiry, Defendant in unable to comply with this Demand because such documents have never been in the possession, custody or control of Defendant.

            Defendant believes that such documents are, or should be in Plaintiff’s possession or in the possession of third parties under Plaintiff’s control, but Plaintiff has refused to provide them despite request.

However, Discovery is ongoing and not complete. Defendant reserves the right to supplement (his/her) response should Plaintiff comply with its obligations under the code.

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Form interrogatories are allowed to violate CCP 2030.060(f)

 

101.0  Identity of persons answering these interrogatories

101.1 State the name, address, telephone number and relationship to you of each person who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.)

My name, address, phone #

102.0 General background info - individual

102.1 State your name, any other names by which you have been known and your address.

Name, address

102.2 State the date and place of your birth.

Objection, the interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

102.3 State as of the time of the incident your driver's license number, the state of issuance, the expiration date and any restrictions.

Objection, the interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.


102.4 State each residence address for the last five years and the dates you lived at each address.

Objection, the interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving said objection Defendant states that (he/she) lives at  (ADDRESS)

102.5 State the name, address and telephone number of each employer you have had over the past five years and the dates your worked for each.

Objection, the interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

115.0 Claims and Defenses

115.2 State in detail the facts upon which you base your contention that you are not responsible, in whole or in part, for plaintiff's damages.

To Answer this one, you must look on Section 4 “Definitions” of the form. Is “Plaintiff’s Damages” or “Damages” defined? If not…

Defendant objects to this interrogatory on the ground that it is vague and ambiguous in its use of the term “Plaintiff’s damages” in that Plaintiff has not been “damaged” as defendant understands that undefined term.

150.0 Contract

150.1  Identify all documents that are part of the agreement and for each state the name, address and telephone number of the person who has each document.

Defendant objects to Plaintiff’s use of the word “agreement” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that reason Defendant has asked Plaintiff to respond to a Bill fo Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete account nor any alleged “agreement.” Without such information, Defendant is unable to provide the information sought in this request. However, Discovery is still in progress and not complete. Defendant reserves the right to supplement his/her answer to this request after Plaintiff complies fully with bill of particulars.

 

150.2  State each part of the agreement not in writing, the name, address and telephone number of each person agreeing to that provision and the date that part of the agreement was made.

Defendant objects to Plaintiff’s use of the word “agreement” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that reason Defendant has asked Plaintiff to respond to a Bill fo Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete account nor any alleged “agreement.” Without such information, Defendant is unable to provide the information sought in this request. However, Discovery is still in progress and not complete. Defendant reserves the right to supplement his/her answer to this request after Plaintiff complies fully with bill of particulars.

150.3  Identify all documents that evidence each part of the agreement not in writing and for each state the name, address and telephone number of the person who has each document.

Defendant objects to Plaintiff’s use of the word “agreement” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that reason Defendant has asked Plaintiff to respond to a Bill fo Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete account nor any alleged “agreement.” Without such information, Defendant is unable to provide the information sought in this request. However, Discovery is still in progress and not complete. Defendant reserves the right to supplement his/her answer to this request after Plaintiff complies fully with bill of particulars.

150.8 Identify each agreement excused and state why performance was excused.

Defendant objects to Plaintiff’s use of the word “agreement” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that reason Defendant has asked Plaintiff to respond to a Bill fo Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete account nor any alleged “agreement.” Without such information, Defendant is unable to provide the information sought in this request. However, Discovery is still in progress and not complete. Defendant reserves the right to supplement his/her answer to this request after Plaintiff complies fully with bill of particulars.

150.9  Identify each agreement terminated by mutual agreement and state why it was terminated, including dates.

Defendant objects to Plaintiff’s use of the word “agreement” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that reason Defendant has asked Plaintiff to respond to a Bill fo Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete account nor any alleged “agreement.” Without such information, Defendant is unable to provide the information sought in this request. However, Discovery is still in progress and not complete. Defendant reserves the right to supplement his/her answer to this request after Plaintiff complies fully with bill of particulars.

.

150.10 Identify each unenforceable agreement and state the facts upon which your answer is based. 

Defendant objects to Plaintiff’s use of the word “agreement” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that reason Defendant has asked Plaintiff to respond to a Bill fo Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete account nor any alleged “agreement.” Without such information, Defendant is unable to provide the information sought in this request. However, Discovery is still in progress and not complete. Defendant reserves the right to supplement his/her answer to this request after Plaintiff complies fully with bill of particulars.

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and don't forget to include the always important.

 

I, _____________ am  the Defendant in the above cause of action. I have read Plaintiff's CAVALRY SPV I, LLC, (form interrogatories/Special interrogatories/Request for Admission) Set No: ______, propounded to be by CAVALRY SPV I, LLC., and my response to the request. I am familiar with the contents of both. bAsed on my knowledge, the responses to Plaintiff's request are true.

 

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
 

 

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this question is for @calawyer

CCP 2033.060 (g) states: " (g) A party requesting an admission of the genuineness of any
documents shall attach copies of those documents to the requests, and
shall make the original of those documents available for inspection
on demand by the party to whom the requests for admission are
directed."

is this something we can use as a defense since a JDB is not likely to have the "original", as I understand that term, but only those bad photocopies?

 

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Wow, thanks so much!  Words can't even express my gratitude!

115.2 State in detail the facts upon which you base your contention that you are not responsible, in whole or in part, for plaintiff's damages.

To Answer this one, you must look on Section 4 “Definitions” of the form. Is “Plaintiff’s Damages” or “Damages” defined? If not…

If I'm looking in the right place; Sec 4. Definitions Words in Boldface Capitals in these interrogatories are defined as follows (check one of the following)

(a) is checked and says (1) INCIDENT includes the circumstances and events surrounding the alleged accident, injury or other occurrence or breach of contract giving rise to this action or proceeding.

Nothing else is selected other than the individual questions, so I'm guessing I put:

Defendant objects to this interrogatory on the ground that it is vague and ambiguous in its use of the term “Plaintiff’s damages” in that Plaintiff has not been “damaged” as defendant understands that undefined term.

Have you had your baby girl yet?  Have a fabulous weekend!  Thanks again!

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I've seen some form/examples with this (Code Civ. Proc. §2031.010 et seq.) under the CASE NO and DEFENDANT'S 1ST REQUEST FOR DOCS area of the form and some without.  Should I include it at the top of my pleading paper?

The sample I have from astmedic states:  please produce for inspection and copying within 30 days of the date of service of this request, at 9:30 a.m., at my address.  Should I really indicate a time of day?

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2 hours ago, FiredupinCA said:

I've seen some form/examples with this (Code Civ. Proc. §2031.010 et seq.) under the CASE NO and DEFENDANT'S 1ST REQUEST FOR DOCS area of the form and some without.  Should I include it at the top of my pleading paper?

The sample I have from astmedic states:  please produce for inspection and copying within 30 days of the date of service of this request, at 9:30 a.m., at my address.  Should I really indicate a time of day?

 

If you are talking about all the legal verbe that comes before the requests which includes definitions, yes, you have to include that. 

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I was going to send you the version used which I copy from Midland but I can't find it with my phone, but I'll send it as soon as possible.

 

 

PS. No baby girl yet, but soon. thanks for asking

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I don't mean in the definitions area, I mean up at the top/middle right of the form.

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF CONTRA COSTA, MARTINEZ DISTRICT

 

CAVALRY SPV I, LLC, as assignee of CITIBANK, N.A., ,                                      

                                                                      

Plaintiff,

v.

ME

Defendant(s)

 

______________________________________________

 

) 

)

)

)

)

)

)

)

)

)

)

 

CASE NO: 

 

DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

 

"UNLIMITED CIVIL MATTER"

 

(Code Civ. Proc. §2031.010 et seq.)

 

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Can I send their discovery requests along with the RFP or should I do them separately?

Do I include my current name, maiden name and prior married name?
102.1 State your name, any other names by which you have been known and your address.

Do I just submit my answers or do I also include their questions?

Do I sign my name or simply type it at the end of each request?

Do I need 3 of the below, one for each of their discovery requests or just one for all 3? 
I, _____________ am  the Defendant in the above cause of action. I have read Plaintiff's CAVALRY SPV I, LLC, (form interrogatories/Special interrogatories/Request for Admission) Set No: ______, propounded to be by CAVALRY SPV I, LLC., and my response to the request. I am familiar with the contents of both. bAsed on my knowledge, the responses to Plaintiff's request are true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

 

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The sample RFP I have from astmedic states:  please produce for inspection and copying within 30 days of the date of service of this request, at 9:30 a.m., at my address. 

Should I really indicate a time of day that it's due?

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On 6/25/2016 at 9:55 AM, FiredupinCA said:

The sample RFP I have from astmedic states:  please produce for inspection and copying within 30 days of the date of service of this request, at 9:30 a.m., at my address. 

Should I really indicate a time of day that it's due?

No, I'd leave the time out.

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On 6/25/2016 at 9:53 AM, FiredupinCA said:

Can I send their discovery requests along with the RFP or should I do them separately?

i would send them on separate envelopes, but that is just personal preference. you can send them together, just make sure the POS indicates all the documents sent.

Do I include my current name, maiden name and prior married name?
102.1 State your name, any other names by which you have been known and your address.

during my case, i only answered with the name by which the knew my by.

Do I just submit my answers or do I also include their questions?

I think California Civil Procedure (i forget which one) specifies that only the answer should be stated in your response, referencing the appropriate number.

 

Do I sign my name or simply type it at the end of each request?

Verification: the responding party shall sign the written response “under oath unless the response contains only objections.”  [CCP §2031.250]

Do I need 3 of the below, one for each of their discovery requests or just one for all 3? 
I, _____________ am  the Defendant in the above cause of action. I have read Plaintiff's CAVALRY SPV I, LLC, (form interrogatories/Special interrogatories/Request for Admission) Set No: ______, propounded to be by CAVALRY SPV I, LLC., and my response to the request. I am familiar with the contents of both. bAsed on my knowledge, the responses to Plaintiff's request are true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

The are three separate documents, answer to Admissions, Special Interrogatores, and form interrogatories. each must have its own verification.

sorry for my late response,

 

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I did include the (Code of Civ. Proc. 2031.010 et seq.) since i simply mimic plaintiffs request for documents
.

 

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I'm putting all doc's (RFA, Form & Special Interrogatories as well as my request for production of docs) in the mail today (in 2 separate envelopes with CMRR) thanks to all you!

Your help and sharing of your wisdom and knowledge is incomparable, inspiring and amazing!  I sincerely can not thank you all enough for your selfless guidance and time!  You people and this site continue to astound and astonish me especially with the more I read and the knowledge I obtain from you angels!  Words truly can not express my gratitude, but I thank you all from the bottom of my heart for giving me hope, a means to fight back and especially for taking away the helpless feeling I've had for months! 

Have a beautiful and blessed week!

 

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Hi all, I have a case with Winn/Cavalry from a Citi CC as well.

Facts:  my case is limited - under $25k, I already had my CMC, they sent me their discovery but I overlooked it and I am now past my 30 days (at about 50 days).  I was just served a second time with a copy of the original discovery packet along with a cover letter that states the following:

"Under section 2033.280(b), Defendant waived their right to object to any of the requests we propounded on behalf of our client.   Accordingly, we now demand that they serve us with their response to request for admissions on or before ______ date WITHOUT OBJECTION."

"NOTICE: "The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).  The court shall make this order, unless it finds that the party to whom the requests for admission have been directed as served, before the hearing on the motions, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.  It is mandatory that the court impose a monetary sanction under Chapter & (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion." (C.C.P. 2033.230 (b) AND (c).)

Questions:

1)  Where do things stand?  Can I still object/deny their interrogatories and admissions?  (I can still respond by the date they are now demanding)

2)  If I am able to object/deny, can I send them a BOP along with my response?  It seems that some of the good objections in this thread refer to the BOP. 

3)  What does the "monetary sanction under chapter 7" mean exactly?  Does it mean that even if I file chapter 7 bankruptcy they can still collect?

It would be great to hear you  @calawyer and @shellieh98 !!!

 

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You need your own post.  This is confusing as I thought you were Firedup and couldn't figure out why you were talking about sending a BOP when Firedup already sent one.

Send a BOP today.

What date have they asked you to respond?

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You don't have many options.  Send a BOP today.

 

You can try responding with objections to the discovery.  The code says you waive your objections by failing to serve a timely response. See, for example CCP 3031.300:     ://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2031.210-2031.320    But, as a practical matter, they will have to file a motion to get you to respond without objections.    Cross your fingers that they don't do so.

Not sure what objections you can assert.  Your own thread with more information would help.  You will not be able to use my favorite objection:  That plaintiff failed to respond fully to your BOP.

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On ‎6‎/‎24‎/‎2016 at 5:14 PM, sadinca said:

this question is for @calawyer

CCP 2033.060 (g) states: " (g) A party requesting an admission of the genuineness of any
documents shall attach copies of those documents to the requests, and
shall make the original of those documents available for inspection
on demand by the party to whom the requests for admission are
directed."

is this something we can use as a defense since a JDB is not likely to have the "original", as I understand that term, but only those bad photocopies?

 

Yes.  If no documents are attached to the RFAs, you should include the following objection to each request to admit genuineness:

 

Defendant objects to this request on the ground that it violates CCP 2033.060 (g), by failing to attach copies of the relevant documents to the request.  [Defendant hereby demands to inspect the originals of such documents pursuant to CCP 2033.060 (g)]

 

Bracketed language is optional.

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So 35 days have come and gone and they did not respond at all to my request for production of documents.  What is my next step? 

 

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