HelpInCali

Getting sued by LVNV Funding LLC in California

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1 hour ago, HelpInCali said:

If I remember correctly, next will be to sent H&H a Motion To Compel letter. I will start drafting it and have it served today.

I don't believe you need to draft an M&C now that you've received their response to your RFP, Set Two - and - surprisingly on time!

As ASTMedic has said, you don't want them to come back with better evidence.

Were this my case, I'd opt to scrap the M&C.

That redacted print-out is junk. It's not a true copy of the Excel file. To me it just looks like some copy/paste printed-out junk and the judge might see it that way, too. Very weak.

Best to use this time to focus on getting info on process servers, gathering funds, etc., should  they serve a CCP 98 on you. Also, a good idea to prepare a draft of your Trial Brief pertinent to your case.

Although most of the language in qbert's trial brief might not apply to your case, it's a good one to review. I had based our Midland case's trial brief on that one (didn't need the Target v Rocha case language since they didn't serve a CCP 98), and it appears it might help you, too, since your trial brief will focus on attacking the weaknesses in their documents.

Good luck!

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1 hour ago, HelpInCali said:

Well I received H&H's response to my RFP, Set Two when I got home yesterday. The envelope was post marked 05/04/17 so they are within the deadline. They gave some objections but will comply the Demand by producing a copy of the load data document. It's pretty much the same print out that they sent last time:

JDB answers to RFP Set2.pdf

JDB answers to RFP_Set Two_Data File.pdf

 

If I remember correctly, next will be to sent H&H a Motion To Compel letter. I will start drafting it and have it served today.

 

I would not push for a motion to compel given that the 30 to trial is on May 24, as you state. if i remember correctly, court have a 30 day cutoff for discovery and motions.  however, i would sent a meet and confer letter. 

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18 minutes ago, sadinca said:

I would not push for a motion to compel given that the 30 to trial is on May 24, as you state. if i remember correctly, court have a 30 day cutoff for discovery and motions.  however, i would sent a meet and confer letter. 

I believe HelpinCali meant Meet and Confer (M&C as opposed to MtC), not Motion to Compel. But I could be wrong. Anyway, my post was based on the former title (Meet and Confer, "M&C") rather than Motion to Compel, so I hope s/he reads this. :)

And, of course, regarding the 30-day cutoff, you're right!

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1 hour ago, AuthorCat said:

I believe HelpinCali meant Meet and Confer (M&C as opposed to MtC), not Motion to Compel. But I could be wrong. Anyway, my post was based on the former title (Meet and Confer, "M&C") rather than Motion to Compel, so I hope s/he reads this. :)

And, of course, regarding the 30-day cutoff, you're right!

Yes I meant Meet & Confer, my mistake. I forgot that a Meet & Confer must be done before any motions can be filed in the Discovery stage. Oh I'm a guy btw :)

 

2 hours ago, AuthorCat said:

I don't believe you need to draft an M&C now that you've received their response to your RFP, Set Two - and - surprisingly on time!

As ASTMedic has said, you don't want them to come back with better evidence.

Were this my case, I'd opt to scrap the M&C.

That redacted print-out is junk. It's not a true copy of the Excel file. To me it just looks like some copy/paste printed-out junk and the judge might see it that way, too. Very weak.

Best to use this time to focus on getting info on process servers, gathering funds, etc., should  they serve a CCP 98 on you. Also, a good idea to prepare a draft of your Trial Brief pertinent to your case.

Although most of the language in qbert's trial brief might not apply to your case, it's a good one to review. I had based our Midland case's trial brief on that one (didn't need the Target v Rocha case language since they didn't serve a CCP 98), and it appears it might help you, too, since your trial brief will focus on attacking the weaknesses in their documents.

Good luck!

Qbert's trial brief is actually one of the trial briefs that I am reading so that I can get a better feel for drafting one.  :lol:

 

2 hours ago, sadinca said:

I would not push for a motion to compel given that the 30 to trial is on May 24, as you state. if i remember correctly, court have a 30 day cutoff for discovery and motions.  however, i would sent a meet and confer letter. 

I am considering sending them a Meet & Confer but not entirely sure on how to draft it yet. I will continue to do some more research.

 

Thank you both for responding!

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16 hours ago, HelpInCali said:

Oh I'm a guy btw :)

I'll remember that. :)%

16 hours ago, HelpInCali said:

I am considering sending them a Meet & Confer but not entirely sure on how to draft it yet.

I don't think you need to since they'd already responded to your RFP, Set Two. But it's your call.

17 hours ago, HelpInCali said:

Thank you both for responding!

You're welcome, HelpinCali. Just paying it forward whenever I can!

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UPDATE:

I decided not to send the M&C. The Trial Readiness Conference is this Friday. I'm starting to get the pre-trial jitters and freak outs. What should I expect and be prepared for at this conference?

I have not received a CCP98 from H&H. The deadline for them to send a response to my CCP96 was yesterday so I will be expecting it soon this week. I received a voice message yesterday  from JDB wanting to discuss about the upcoming hearing. They have called before but that is the first time they ever left a message. I am not sure I should return the call since the message did not pertain anything about discussing a settlement. Or should I hear what they have to say?

 

 

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3 hours ago, HelpInCali said:

UPDATE:

I decided not to send the M&C. The Trial Readiness Conference is this Friday. I'm starting to get the pre-trial jitters and freak outs. What should I expect and be prepared for at this conference?

This will be short and over with very quickly. It's just to fill the judge in on where the case is and if it's ready to go to trial. You won't argue the case here. The judge will ask if you have reached a settlement, maybe even send you out to the hall to see if you can reach a settlement, and if not then it goes to trial

3 hours ago, HelpInCali said:

I have not received a CCP98 from H&H.

They don't always send one, but if they try to sneak it in they are already past deadline.

3 hours ago, HelpInCali said:

 

The deadline for them to send a response to my CCP96 was yesterday so I will be expecting it soon this week.

Hopefully hey won't respond but most likely they will. They now have the 5 days for mail service before it is considered late.

3 hours ago, HelpInCali said:

I received a voice message yesterday  from JDB wanting to discuss about the upcoming hearing. They have called before but that is the first time they ever left a message. I am not sure I should return the call since the message did not pertain anything about discussing a settlement. Or should I hear what they have to say?

I wouldn't call them. I wouldn't want to discuss a settlement either, but your interest may be different.  A bottom feeder is usually very eager to discuss a settlement especially this close to trial, when they are considering whether or not it's worth pursuing or if they should dismiss the case. This is the leverage you have and can use against them.

3 hours ago, HelpInCali said:

 

 

 

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55 minutes ago, Anon Amos said:

This will be short and over with very quickly. It's just to fill the judge in on where the case is and if it's ready to go to trial. You won't argue the case here. The judge will ask if you have reached a settlement, maybe even send you out to the hall to see if you can reach a settlement, and if not then it goes to trial

So it's similar to the Case Management Conference. Thanks Anon Amos.

 

57 minutes ago, Anon Amos said:

Hopefully hey won't respond but most likely they will. They now have the 5 days for mail service before it is considered late.

I wouldn't call them. I wouldn't want to discuss a settlement either, but your interest may be different.  A bottom feeder is usually very eager to discuss a settlement especially this close to trial, when they are considering whether or not it's worth pursuing or if they should dismiss the case. This is the leverage you have and can use against them.

I don't think they wanted to discuss a settlement, just by the verbiage of the message "discuss about the upcoming hearing". If they were calling me with a settlement offer, I will counter whatever offer they had with a "dismissal with prejudice" offer. But since their deadline for the CCP96 request was yesterday, I just find it coincidental that they called me that day wanting to discuss about Friday's hearing. I thought it might be a JDB tactic and they were trying to get some admissible evidence via a recorded phone conversation, then put it as evidence on their response to my CCP96 and serve it to me before the deadline. I might be overthinking it, but I'm a cautious fellow. ;)

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They will use the trial as an intimidation tactic to push  settlement. I guarantee you they aren't calling you to discuss a trial (although they may use the word a lot). They don't want  to go to trial anymore then you do,

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I just received another voice message from JDB, wanting to discuss about Friday's hearing and that there are some paperwork that we need to prepare for the hearing. What paperwork would the JDB be referring to?

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After reading my local Rules of Court:

Rule 2.1.15

Trial Readiness Conference

A trial readiness conference will generally be scheduled four weeks before the trial date. The parties must meet prior to the scheduled hearing and attempt to resolve the case, or, if that is not possible, limit issues for trial. If the case is not settled in its entirety, all parties must prepare and sign a joint trial readiness conference report in the format set forth in the joint trial readiness conference report available on the Civil Forms area of the court’s website. Separate reports will not be accepted. Failure to disclose and identify all trial exhibits and witnesses intended to be called at trial and all other items required by the report may, in the court's discretion, result in exclusion or restriction of use at trial. The completed report must be presented to the judge at the scheduled conference. No part of the joint trial readiness conference report is to be received into evidence against any party in later proceedings.

Could the Joint TRC report be the paperwork the JDB was referring to?

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15 minutes ago, HelpInCali said:

 

Could the Joint TRC report be the paperwork the JDB was referring to?

If it is a trial readiness conference coming up then that probably is what they are talking about. You go over It together on the phone as you fill It out. Only speak to the lawyer and be careful what you say.

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5 hours ago, Anon Amos said:

If it is a trial readiness conference coming up then that probably is what they are talking about. You go over It together on the phone as you fill It out. Only speak to the lawyer and be careful what you say.

Thanks AA. I printed out the Joint TRC report format from my local court website. It looks like I have to fill it out then put everything on pleading paper. I called H&H but it went to the lawyer's voicemail. I left a voice message saying to call me back. I am unsure on what to do now.

According to the Joint TRC report format: The Joint TRC report must be provided for filing at the Trial Readiness Conference. Failure to file the Joint Trial Readiness Conference Report OR to appear at the Trial Readiness Conference may result in imposition of monetary sanctions, dismissal of the case, or entry of a default judgment. Failure to fully disclose all required items in the report may result in exclusion or restriction of evidence at trial. This is a JOINT REPORT. Separate reports will not be accepted.

What happens when a Joint TRC report is not yet completed?

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I received JDB response to my CCP 96 today when I got home, envelope postmarked 06/05/17.

WITNESSES TO BE CALLED AT TRIAL:

1. Defendant (my name and address)

Plaintiff may call on one or more Custodian of Records who could testify from the business records. These witnesses may be contacted through the undersigned legal counsel at H&H ADDRESS.

 

DESCRIPTION OF DOCUMENTS  TO BE PRODUCED AT TRIAL:

1) Bill of Sale

2) Load Data Document

3) Declaration of Account Transfer

4) Card agreement from Original Creditor.

5) Billing Statements from Original Creditor.

These documents have been produced to defendant previously or are already within defendant's possession. Courtesy copies of each of these documents are attached hereto.

Plaintiff also intends to offer documents into evidence  which are currently unavailable including copies of the application and payments from Defendant. Plaintiff anticipates  those documents will be available prior to trial.

They also sent the same stuff I received from discovery.

 

Aren't they suppose to provide an actual name & address for Custodian of Records?

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34 minutes ago, HelpInCali said:

Plaintiff also intends to offer documents into evidence  which are currently unavailable including copies of the application and payments from Defendant. Plaintiff anticipates  those documents will be available prior to trial.

All of which you'll OBJECT to, of course. They're still full-on on the intimidation tour, I see. Ugh.

As for your Trial Readiness Conference...I'm assuming it's a hybrid of the Case Management Conference and Trail Setting Conference...wow. You have to actually file a TRC joint report?? That would explain why your TRC is so close to your trial date. My TRC was about 5 months before trial and it was a formality - it took the place of the Case Management Conference. We never had to draft nor file a TRC joint report! We just had to show up, allow the Rent-a-Lawyer try to settle, say 'no' to him, then return before the judge to state that NO settlement had been reached and to set a trial date.

34 minutes ago, HelpInCali said:

Aren't they suppose to provide an actual name & address for Custodian of Records?

Yes. The law is very clear on that. Unless, of course, the name of the witness is "Custodian of Records" (j/k). You'll object to this in your Trial Brief. They can't get away with such a broad brush - but they're gonna try.

Under No. 1 on the C.C.P. 96 form:

 
Quote

 

Under Code of Civil Procedure section 96, you are requested to serve on the
undersigned, within 20 days, a statement of:
1. The names and street addresses of witnesses you intend to call at
trial (except for any individual who is a party to this action).

 

 
Edited by AuthorCat
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UPDATE:

I went to the Trial Readiness Conference on Friday.  I arrived 45 mins early and was able to sit through a few hearings to get an idea of who my judge is. I've done some research on my judge prior to the hearing and found that he has a record of being pro-defendant. After listening him grill almost every plaintiff while being more courteous towards defendants, I think I may be in good hands.

As for the Joint TRC report, the judge had the Rent-A-Lawyer (a different one showed up this time) and I go into the hallway to finish up the Joint TRC report. As we were walking out to the hallway:

Rent-A-Lawyer: Are you sure that you do not want to settle this case?

Me: I just want this case to get dismissed. Besides I have not received any settlement offers from the plaintiff so I doubt they're looking to settle.

Rent-A-Lawyer: The only way for it to get dismissed is for it to go to trial. But I do happen to have a settlement offer from them. They are offering $600ish to be paid within 30 days.

To which I decline.  Then the Rent-A-Lawyer asked me to sign the Joint TRC report so that we can be quickly done with this hearing, she mentioned that she has a lot of cases on her plate today. As I was reading over the Joint TRC that H&H prepared. They have put me as the only WITNESSES TO BE CALLED AT TRIAL but have put "Plaintiff may call on one or more Custodian of Records who could testify from the business records. These witnesses may be contacted through the undersigned legal counsel at H&H ADDRESS." under section F.  But Section F in a Joint TRC are for plaintiff's Jury instructions. Are they trying to sneak in the custodian of records by putting it in a different section?

As I was going over the evidences, I told the Rent-A-Lawyer that I was not going to sign the Joint TRC report without putting my objections down in the evidence section. She sounded surprised at first but then said "Ok that's fine". I also told her that I received H&H's response to my CCP 96 and that I will be objecting to the Custodian of Records in my Trial Brief. To which she said "Ok that's fine as well." I listed my objections on the Joint TRC report, signed it, and we walked back into the court room. The judge went over the Advance Trial Review Order with us and sent us on our way. As we were walking out to the hallway:

Rent-A-Lawyer: Good luck at trial.

Me: Thank you.

Rent-A-Lawyer: Now I'm off to another case.

Me: Have you worked with H&H before?

Rent-A-Lawyer: Yes. They usually bring billing statements and card agreements to trial but you will be able to testify against them.

Me: I see. Thank you and have a nice day.

 

I'm working on my Trial Brief and plan to serve it to H&H and file it in court later this week. I was wondering if there is anything else I should send H&H?

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Rent-A-Lawyer is lying  through her teeth.

First off, both of my cases, both H&H attorney cases, were dismissed BEFORE trial (one, a week-plus before and the other ON the day of), so she's lying to you about that. We never went to trial.

Second, she was trying to intimidate you by stating that Plaintiff intends to bring evidence like complete billing statements and cardholder agreements to trial. These should've been readily available and produced to you during discovery (BoP, RFP, etc) or they'll prejudice you in preparing for trial. I'm assuming that they didn't produce either the original cardholder agreement or the complete record of billing statements? They usually can't (don't).

Anyway, after your M&C - and I'm assuming you wrote them an M&C - for deficient responses to both your BoP and RFPDs, and they still  couldn't produce the 'evidence', they simply don't have it. Period. Which makes her off-hand remark nothing but an intimidation tactic (probably teed off that you didn't settle). And even if this goes to trial and they intend to produce these as exhibits, you'll object to them, but that will be made clear in your trial brief.

I've got to hand it to you, HelpinCali--you did very well at the TRC! Kudos!

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3 hours ago, AuthorCat said:
 

Rent-A-Lawyer is lying  through her teeth.

First off, both of my cases, both H&H attorney cases, were dismissed BEFORE trial (one, a week-plus before and the other ON the day of), so she's lying to you about that. We never went to trial.

I knew she was lying. I have read enough threads to know JDBs have dismissed cases many times before trial. :lol:

 

3 hours ago, AuthorCat said:

Second, she was trying to intimidate you by stating that Plaintiff intends to bring evidence like complete billing statements and cardholder agreements to trial. These should've been readily available and produced to you during discovery (BoP, RFP, etc) or they'll prejudice you in preparing for trial. I'm assuming that they didn't produce either the original cardholder agreement or the complete record of billing statements? They usually can't (don't).

The funny thing was it seemed like the Rent-A-Lawyer was more intimidated by me. Maybe she was caught off guard by what I was telling her to tell H&H.

They did not send me the original cardholder agreement or the complete record of billing statements, instead they sent a copy of the 2013 cardholder agreement and 2012-2014 billing statements.

3 hours ago, AuthorCat said:

I've got to hand it to you, HelpinCali--you did very well at the TRC! Kudos!

To be honest, when I first arrived to the court room I was nervous and sweating bullets.  The judge seen me walk in the court room, gave me a reassuring smile and said "Good morning". To which I smiled back and said "Good morning your Honor". After I sat down and went over my notes, I was able to calm down and gather myself.

Thank you very much for the encouragement AuthorCat! I'm flying this solo so that means a lot. :)

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20 minutes ago, HelpInCali said:

They did not send me the original cardholder agreement or the complete record of billing statements, instead they sent a copy of the 2013 cardholder agreement and 2012-2014 billing statements.

All which will work in your favor. xdancex

21 minutes ago, HelpInCali said:

After I sat down and went over my notes, I was able to calm down and gather myself.

That's how it happened with us. Once we sat down and review our notes, we felt this strange but welcome calm. lol

22 minutes ago, HelpInCali said:

Thank you very much for the encouragement AuthorCat! I'm flying this solo so that means a lot. :)

You are doing wonderfully, HelpinCali. And you're very welcome!

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UPDATE:

Today served H&H a courtesy copy of my Trial Brief, Declaration, and Objection To Evidence via fax with POS-040, also mailed them a copy via CMRRR. Filed my Trial Brief, Declaration, and Objection To Evidence  at court. Now to get ready for the Trial Call this Friday. Trial will be next Monday. LET'S GET READY TO RUMBBBLLLEEE!!!

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i just want to point something out regarding serving by fax: 

Parties Must Agree to Fax Service:

Service by fax is governed by CCP sections 1013(e) and (f) along with California Rules of Court (“CRC”) Rule 2.306. It states that service by “facsimile transmission” is permitted “only where the parties agree and a written confirmation of that agreement is made.”

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1 hour ago, HelpInCali said:

UPDATE:

Today served H&H a courtesy copy of my Trial Brief, Declaration, and Objection To Evidence via fax with POS-040, also mailed them a copy via CMRRR. Filed my Trial Brief, Declaration, and Objection To Evidence  at court. Now to get ready for the Trial Call this Friday. Trial will be next Monday. LET'S GET READY TO RUMBBBLLLEEE!!!

SadinCa is right, but the good thing is, you also snail-mail-served the documents. IMO, faxing is a good tactic to get the papers quickly to Plaintiff's attorneys in order to show what they're looking at.

The only documents I've ever "served" via FAX were ones that didn't have to be filed with the Court (M&C, simple letter, etc). But I always CMRRR'd everything and made mention of it in the footer in the body of the M&C or letter that the doc had also been faxed to them.

Looks like you're  coming ready and prepared to the Trial Call this Friday!

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UPDATE:

I just checked the docket today. It shows my Trial Brief and Objection To Evidence has been filed. I have not checked the docket since last Thursday. If I had checked it sooner I might have seen that last Friday H&H filed this:

Request for Dismissal without Prejudice - Entire Action filed by LVNV Funding LLC

:BigDance::banana::nannersplit::BigDance:

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14 minutes ago, HelpInCali said:

UPDATE:

I just checked the docket today. It shows my Trial Brief and Objection To Evidence has been filed. I have not checked the docket since last Thursday. If I had checked it sooner I might have seen that last Friday H&H filed this:

Request for Dismissal without Prejudice - Entire Action filed by LVNV Funding LLC

:BigDance::banana::nannersplit::BigDance:

Nice!

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