Gristle

New and seeking to fight Calvary SPV with your help

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One more question; as I prepare my responses should I be sending the Plantiff anything? All I've sent so far is BOP and received their cut and paste response. I've read to lay low until I received the interrogatories.  Now that they are here should I be requesting documents and push for a better response to my BOP? Thanks again for your help!!

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15 hours ago, Gristle said:

Hello everyone, still moving along.  I have a Case Management hearing on Tuesday and lo and behold this past Friday I finally received the interrogatories and special interrogatories (post marked April 3 and received April 7). They all look on par with what has been posted on other threads. I will prepare my answers using the great info here and post for review this next weekend. As I understand I have 30 days (plus 5) so if I mail it by May 1 I should be good correct?

Calvary sent 10 consecutive billing statements and a blanket contract agreement that looks like they printed off a website. The statements do not span the life of the account nor do they start with a zero balance so based on what I have learned here it is not too concerning.

Here are the interrogatories;

1. Admit to the genuineness of the documents attached hereto as Exhibit 1, monthly billing statements for Citibank N.A. with account number xxxxxxxxxxxx1234.

2. Admit to the genuineness of the documents attached hereto as Exhibit 2, "Card Agreement" for Citibank N.A. With account number xxxxxxxxxxxx1234.

3. You applied for and opened a credit card account with Citibank N.A.

4. A credit card was issued to you by Citibank N.A. with the account number xxxxxxxxxxxx1234.

5. You used the credit card and made charges and payments to the Citibank N.A. account, with account number xxxxxxxxxxxx1234.

6. Monthly billing statements, attached hereto as Exhibit 1, were mailed to you at (my address), indicating monthly debits, credit and payments made on the account xxxxx1234.

7. You were mailed and received a cardholder agreement for this Citibank N.A. account, with the account number xxxxxxxxxxxx1234.

8. The date of last payment, or transaction, occurred on December 14, 2012, on the Citibank N.A. Account, with the account number xxxxxxxxxxxx1234.

9. On April 24, 2013, you were indebted to Citibank N.A. The sum of $(amount) on an accounted stated for the charges to your Citibank N.A. account with the account number xxxxxxxxxxxx1234.

10. On March 31, 2016, you were indebted to Plantiff the sum of $(less amount then on question 9) on an accounted stated for charges to the account number xxxxxxxxxxxx1234.

11. All conditions precedent to payment of the unpaid principal balance due on your Citibank N.A. account, with the account number xxxxxxxxxxxx1234 have been performed, waived, satisfied, or extinguished.

 

Once again, all feedback is greatly appreciated!

 

These look like Requests for Admissions, not interrogatories.  This is an important distinction because with FRAs, if you don't deny them, they can become binding admissions in the litigation.  The fact that you did not receive a complete response to your BOP will help you with an objection to the RFAs.  See 1111girl's thread.

Also, you will want to specifically object to numbers 3, 5, 6, 7, 8, and 11 on the ground that they are compound in violation of CCP 2033.060 (f).  RFA's may not contain "two separate questions".   For example you "applied for and opened" the card.  If you admitted that RFA, what would it mean?  That you applied for the card?  That you opened it?  Both?

 

These are rookie mistakes by plaintiff.

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On 4/9/2017 at 6:00 PM, Gristle said:

One more question; as I prepare my responses should I be sending the Plantiff anything? All I've sent so far is BOP and received their cut and paste response. I've read to lay low until I received the interrogatories.  Now that they are here should I be requesting documents and push for a better response to my BOP? Thanks again for your help!!

what do you mean by "cut and paste responses"?  did they response with objections, did they provide all the documents or only a handful of statements? 

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the discovery request you received appears to be the same question i received during my case. maybe i can save you some time, but let us know if their answer to your BOP request contained any objections, or non at all and just the 10 statements. 

 

 

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Here is how they responded to my BOP;

Plantiff objects to each and every demand to the extent that it calls for a response evidencing or embodying confidential communications between Plantiff and their attorney on the grounds that such communications are protected by attorney client privilege.

Plantiff objects to each and every demand to the extent that it calls for a response evidencing or embodying the work product of his attorney.

Plantiff has not completed his investigation of the facts relating to this case, has not completed his discovery in this case and has not completed his preparation for trial. Thus, his responses and answers below are based solely upon information presently available to him. Plantiff anticipates that further discovery, independent investigation, legal research, and analysis will supply additional facts and add new meaning to existing facts, as well as establish new factual conclusions and legal contentions, all of which may lead to substantial additions or changes to and/or variations from the information set forth below. The following responses are given without prejudice to Plantiffs right to produce evidence of subsequently discovered facts. Accordingly, Plantiff reserves the right to change any and all of his responses as additional facts are ascertained, legal research is completed, and contentions are made. The responses contained herein are made in good faith effort to supply as much factual information as is presently known, but in no way should be to the prejudice of Plantiff in relation to further discovery, research or analysis. Plantiff reserves the right to amend of supplement these responses should this become necessary or appropriate.

Without waiving such objections and reservations, Plantiff responds to the Defendant as follows;

Plantiff is only required to produce an itemization of the account alleged within the pleadings indicating what accounts are subject of the lawsuit. Plantiff has been contacted by its attorneys of record, Winn Law Group, APC, and hereby complies with this Bill of Particulars: A diligent search and reasonably inquiry has been made in an attempt to locate the requested documents. Plantiff will comply with this request and will produce all non-privileged responsive documents in its possession, custody, or control which are relevant to the issues in this litigation. Attached hereto and incorporated herein are true and correct copies of billing statements dated August 9, 2012 to March 11, 2013.

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Given their response to my BOP and after reading 1111girls thread again; what should I send them due to their inadequate response?  

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The cover page in response to my BOP stated the following;

Plantiff's complaint filed on or about November 7, 2016 is for an account stated cause of action, in addition, money lent. In Ahlin v. Crescent Commercial Corp. (1950) 100 Cal. App. 2d, the Court held that in action for an Account Stated, the Defendant is not entitled to a Bill of Particulars, since it is not necessary to prove the items of the account on which the account stated is based. (Also held in Distefano v. Hall (1963) 218 Cal. App. 2d 675, 677.) Plantiff, Cavalry SPV I, LLC, as assignee of Citibank N.A.'s response to your Demand for Bill of Particulars in the above matter is only applicable to the action for money lent.

Your demand for Bill of Particulars is inapplicable as to the Account Stated cause of action, Enclosed please find Plantiff's response to Defendant's Demand for Bill of Particular, as to the Money Lent cause of action only.

Should you have any questions, or need anything further, please do not hesitate to contact me directly.

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this is how i answered the request for Admissions from Calvary: 

 

1. Admit to the genuineness of the documents attached hereto as Exhibit 1, monthly billing statements for Citibank N.A. with account number xxxxxxxxxxxx1234.

OBJECTION” Defendant object to this Request on the ground that after a reasonable inquiry the information known or readily obtainable by him is insufficient to accurately respond to this Request. Without waving forgoing objection Defendant responds as follows: Denied.

Discovery is still ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with  the Bill of Particulars.

2. Admit to the genuineness of the documents attached hereto as Exhibit 2, "Card Agreement" for Citibank N.A. With account number xxxxxxxxxxxx1234.

OBJECTION” Defendant object to this Request on the ground that after a reasonable inquiry the information known or readily obtainable by him is insufficient to accurately respond to this Request. Without waving forgoing objection Defendant responds as follows: Denied.

Discovery is still ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with  the Bill of Particulars.

3. You applied for and opened a credit card account with Citibank N.A.

Objection: Defendant objects to this request on the ground that it is compound in violation of section 2033.060(f). To the extent the word “account” refers to an account other than that at issue in this litigation, Defendant further objects on the ground that this request is at issue in this litigation, Defendant further objects on the ground that it is vague  in that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting for the the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement’, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him insufficient to accurately respond to this Request. Based on the forgoing, Defendant responds as follows: Denied.

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

4. A credit card was issued to you by Citibank N.A. with the account number xxxxxxxxxxxx1234.

Defendant objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing, Defendant responds as follows:
DENIED.
Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

5. You used the credit card and made charges and payments to the Citibank N.A. account, with account number xxxxxxxxxxxx1234.

Defendant objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing, Defendant responds as follows:
DENIED.
Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

6. Monthly billing statements, attached hereto as Exhibit 1, were mailed to you at (my address), indicating monthly debits, credit and payments made on the account xxxxx1234.

Defendant further objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing, Defendant responds as follows:
DENIED.
Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

7. You were mailed and received a cardholder agreement for this Citibank N.A. account, with the account number xxxxxxxxxxxx1234.

OBJECTION: Defendant objects to this request on the ground that this request is compound in violation of section 2033.060(f).

Defendant further objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied 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 objection, Defendant responds as follows:


Denied.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his response to this request after Plaintiff complies in full with the Bill of Particulars.

 

8. The date of last payment, or transaction, occurred on December 14, 2012, on the Citibank N.A. Account, with the account number xxxxxxxxxxxx1234.

Objection: Defendant objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied 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 objection, Defendant responds as follows:


Denied.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his response to this request after Plaintiff complies in full with the Bill of Particulars.

 

9. On April 24, 2013, you were indebted to Citibank N.A. The sum of $(amount) on an accounted stated for the charges to your Citibank N.A. account with the account number xxxxxxxxxxxx1234.

Objection: Defendant objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied 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 objection, Defendant responds as follows:


Denied.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his response to this request after Plaintiff complies in full with the Bill of Particulars.

 

 

10. On March 31, 2016, you were indebted to Plantiff the sum of $(less amount then on question 9) on an accounted stated for charges to the account number xxxxxxxxxxxx1234.

Objection: Defendant objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied 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 objection, Defendant responds as follows:


Denied.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his response to this request after Plaintiff complies in full with the Bill of Particulars.

 

11. All conditions precedent to payment of the unpaid principal balance due on your Citibank N.A. account, with the account number xxxxxxxxxxxx1234 have been performed, waived, satisfied, or extinguished.

OBJECTION: Defendant objects to this request on the ground that this request is compound in violation of section 2033.060(f).

Defendant further objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied 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 objection, Defendant responds as follows:


Denied.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his response to this request after Plaintiff complies in full with the Bill of Particulars.

 

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i would send a meet and confer letter. this is the M&C letter i sent, i think it addresses all the objection in their response to your demand for BOP:

 

 

Dear Calvary SPV I, LLC.

I write to meet and confer in regard to Plaintiff’s deficient response to Defendant’s request for Bill of Particulars pursuant to California Code of Civil Procedure section §454.

In its response, Plaintiff states that Defendant is not entitled to a Bill of Particulars since it is not necessary to prove the items of the account on which the account stated is based citing (Ahlin V Crescent Commercial Corp. (1950) 100 Cal. App. 2d, and Distefano v. Hall (1963) 218 Cal. App. 2d 675, 677). This argument ignores the fact that Plaintiff has also asserted a cause of action for Money Lent, to which Plaintiff interposes no such objection.

As to the Money Lent cause of action Plaintiff “objects to each and every Demand to the extent that it calls for a response evidencing or embodying confidential communication between Plaintiff and their attorney, on the grounds that such communication are protected by the attorney-client privilege.” Plaintiff also objects to each and every demand to the extent that it calls for a response evidencing or embodying the work product of his attorney.

As a preliminary matter, it is difficult to imagine how this request calls for a response implicating the attorney-client privilege or the work product doctrine. The documents sought are not confidential. They are not communication between attorney and client. They do not reflect the mental process of an attorney. Instead, this request calls for the production of documents and all statements that make up the alleged account. However, if Plaintiff has withheld any documents pursuant to these objections, please provide a log of each document withheld and the reason therefore.

Plaintiff states that it “is only required to produce an itemization of the account alleged within the pleadings indicating what accounts are the subject of the lawsuit.” However, CCP §454 states that “it is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account or be precluded from giving evidence thereof.” The bill of particulars must be regarded as an amplification of the complaint. (Treadwell v. Nickel, 194 Cal. 243, 262 [228 P. 25].)

 

 

Plaintiff contends that by attaching six (6) alleged statements to Plaintiff’s response to Defendant’s demand for Bill of Particulars somehow “complies” with the request is disingenuous. Plaintiff is required to produce ALL alleged statements that make up the alleged account.

Please provide a complete response to the Bill of Particulars within 10 days.

If you need to speak with me further about the matter feel free to contact me at the phone number or correct address at the top of this letter.

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@sadinca Thanks for helping with the meet and confer letter for me and   Gristle .  Do you have to send a copy to the court?   Do you also have to provide a POS-030?

 

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when sending a M&C letter do include a proof of service, keep a copy for your records. You do not file a M&C letter with the court. 

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Great stuff!! Thank you so much!!

I went to Case Management this morning, trial set for Nov. 13. The stand in attorney for Winn is a "regular" meaning she heard all 10 other cases before mine (for all kinds of different Plantiffs). She's been in the area since late 90's. She's an old pro that knew all the other attorneys and judge. She was very cordial. However, I know she is not the one putting the case together so I just need to do my part!

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OK everyone, here's what I have so far for RFA's.  Please let me know your thoughts.  I will be working finishing up my answers to interrogatories this week and will post once finished.  As always thank you so much for your help and support!!

 

Responding Party:  DEFENDANT

Me

REQUEST FOR ADMISSION SET NO.1

Requesting Party:  PLANTIFF

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

Me, the defendant in the above cause, responds as follows to the first set of Requests for Admission of Plaintiff, Cavalry SPV I, as assignee of CITIBANK, N.A.:

 

1. Admit to the genuineness of the documents attached hereto as Exhibit 1, monthly billing statements for Citibank N.A. with account number xxxxxxxxxxxx1234.

NO. 1:  OBJECTION. Defendant objects to this request on the ground that after a reasonable inquiry the information known or readily obtainable by him is insufficient to accurately respond to this Request. Without waving the forgoing objection Defendant responds as follows: DENIED.

Discovery is still ongoing and not complete.  Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

2. Admit to the genuineness of the documents attached hereto as Exhibit 2, "Card Agreement" for Citibank N.A. With account number xxxxxxxxxxxx1234.

NO. 2: OBJECTION. Defendant objects to this request on the ground that after a reasonable inquiry the information known or readily obtainable by him is insufficient to accurately respond to this Request. Without waving the forgoing objection Defendant responds as follows: DENIED.

 Defendant reserves the right to supplement his answer to his request after Plaintiff complies in full with the Bill of Particulars.

 

3. You applied for and opened a credit card account with Citibank N.A.

NO. 3: OBJECTION.  Defendant objects to this request on the ground that it is compound in violation of section 2033.060(f).

Defendant further objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear.  For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each  item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request.  Based on the forgoing, Defendant responds as follows: DENIED.

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

4. A credit card was issued to you by Citibank N.A. with the account number xxxxxxxxxxxx1234.

NO. 4:  Defendant objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear.  For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each  item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request.  Based on the forgoing, Defendant responds as follows: DENIED.

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

5. You used the credit card and made charges and payments to the Citibank N.A. account, with account number xxxxxxxxxxxx1234.

NO. 5:  OBJECTION.  Defendant objects to this request on the ground that it is compound in violation of section 2033.060(f). 

Defendant objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear.  For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each  item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request.  Based on the forgoing, Defendant responds as follows: DENIED.

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

6. Monthly billing statements, attached hereto as Exhibit 1, were mailed to you at (my address), indicating monthly debits, credit and payments made on the account xxxxx1234.

NO. 6: OBJECTION.  Defendant objects to this request on the ground that it is compound in violation of section 2033.060(f). 

Defendant further objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear.  For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each  item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request.  Based on the forgoing, Defendant responds as follows: DENIED.

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

7. You were mailed and received a cardholder agreement for this Citibank N.A. account, with the account number xxxxxxxxxxxx1234.

NO. 7:  OBJECTION: Defendant objects to this request on the ground that this request is compound in violation of section 2033.60(f).

Defendant further objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear.  For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each  item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request.  Based on the forgoing, Defendant responds as follows: DENIED.

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

8. The date of last payment, or transaction, occurred on December 14, 2012, on the Citibank N.A. Account, with the account number xxxxxxxxxxxx1234.

NO. 8: OBJECTION.  Defendant objects to this request on the ground that it is compound in violation of section 2033.060(f). 

Defendant further objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear.  For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each  item, materials or goods supplied 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 the forgoing objection, defendant responds as follows: DENIED.

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

9. On April 24, 2013, you were indebted to Citibank N.A. The sum of $(amount) on an accounted stated for the charges to your Citibank N.A. account with the account number xxxxxxxxxxxx1234.

NO. 9: OBJECTION.  Defendant objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear.  For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each  item, materials or goods supplied 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 the forgoing objection, defendant responds as follows: DENIED.

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

10. On March 31, 2016, you were indebted to Plaintiff the sum of $(less amount then on question 9) on an accounted stated for charges to the account number xxxxxxxxxxxx1234.

NO. 10:  OBJECTION.  Defendant objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear.  For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each  item, materials or goods supplied 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 the forgoing objection, defendant responds as follows: DENIED.

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

11. All conditions precedent to payment of the unpaid principal balance due on your Citibank N.A. account, with the account number xxxxxxxxxxxx1234 have been performed, waived, satisfied, or extinguished.

NO. 11:  OBJECTION.  Defendant objects to this request on the gound that this request is compound in violation of section 2033.060(f).

Defendant further objects on the ground that this request is vague in that the identity of the account actually at issue in this litigation remains unclear.  For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each  item, materials or goods supplied 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 the forgoing objection, defendant responds as follows: DENIED.

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

  

 

 

Dated this [day] of April, 2017.

 

 

 

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Need some last minute help on answering Interrogatories before I post for review, here are the questions I'm stuck on;

1. State the name and address, telephone number and relationship to you of each person who prepared or assisted in the preparation of the responses to these interrogatories.

Intended answer; me.

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

Intended answer my name and address.

3. State your date and place of birth.

Answer?

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

Answer? I think I should object as the "incident" has yet to be proven and plaintiff has yet to fully respond to BOP. 

 

Any feed back is greatly appreciated!!

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OK, here are my reponses to the Form Interrogatories please let me know what you think (all help is greatly appreciated!!)  I intend to mail tomorrow;

Responding Party:  DEFENDANT

ME

REQUEST FOR SPECIAL INTERROGATORIES (SET NO.1)

Requesting Party:  PLANTIFF

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

ME, the defendant in the above cause, responds as follows to the first set of Special Interrogatories of Plaintiff, Cavalry SPV I, as assignee of CITIBANK, N.A.:

101.1: State the name, Address, telephone number, and relationship to you each person who prepared or assisted in the preparation of the responses to these interrogatories.

ANSWER:  ME, My address and phone number.

 

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

ANSWER: ME, my adress and phone number

 

102.2: State the date and place of your birth.

ANSWER: OBJECTION. Defendant objects to this interrogatory on the ground that this request seeks information not relevant to the subject matter of this litigation and is not reasonably calculated to lead to discovery of admissible evidence.

 

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

ANSWER: OBJECTION. Defendant objects to this Interrogatory on the ground that this request seeks information that is private, not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissible evidence.

 

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

ANSWER: OBJECTION. Defendant objects to this Interrogatory on the ground that it is compound in violation of California Code of Civil Procedure section 2030.060(f). Without forgoing objection Defendant states he lives at (my address). 

 

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

ANSWER: OBJECTION.  Defendant objects to this Interrogatory on the ground the information sought is improper as it goes toward post judgement remedies, which are provided for in the rules of procedure. Any attempt to contact any alleged employer of the defendant is forbidden by the Rosenthal Act and the Fair Debt Collections Act.

 

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.

ANSWER: OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

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

ANSWER:  OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the 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.

ANSWER: OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

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

ANSWER: OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

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

ANSWER:  OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

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

ANSWER:  OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

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

ANSWER: OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

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Question; Do I file my answer to RFA'S and ROG's with the court?  I know I do proof of service but can't remeber if I need to file as well.  THANKS for the HELP!!  

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21 hours ago, Gristle said:

OK, here are my reponses to the Form Interrogatories please let me know what you think (all help is greatly appreciated!!)  I intend to mail tomorrow;

Responding Party:  DEFENDANT

ME

REQUEST FOR SPECIAL INTERROGATORIES (SET NO.1)

Requesting Party:  PLANTIFF

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

ME, the defendant in the above cause, responds as follows to the first set of Special Interrogatories of Plaintiff, Cavalry SPV I, as assignee of CITIBANK, N.A.:

101.1: State the name, Address, telephone number, and relationship to you each person who prepared or assisted in the preparation of the responses to these interrogatories.

ANSWER:  ME, My address and phone number.

 

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

ANSWER: ME, my adress and phone number

 

102.2: State the date and place of your birth.

ANSWER: OBJECTION. Defendant objects to this interrogatory on the ground that this request seeks information not relevant to the subject matter of this litigation and is not reasonably calculated to lead to discovery of admissible evidence.

 

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

ANSWER: OBJECTION. Defendant objects to this Interrogatory on the ground that this request seeks information that is private, not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissible evidence.

 

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

ANSWER: OBJECTION. Defendant objects to this Interrogatory on the ground that it is compound in violation of California Code of Civil Procedure section 2030.060(f).  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 forgoing objection Defendant states he lives at (my address). 

 

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

ANSWER: OBJECTION.  Defendant objects to this Interrogatory on the ground the information sought is improper as it goes toward post judgement remedies, which are provided for in the rules of procedure. Any attempt to contact any alleged employer of the defendant is forbidden by the Rosenthal Act and the Fair Debt Collections Act.  Defendant Objects to this interrogatory on the ground that it is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. 

 

115.2: 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.

 

Question: is "damages" a defined term? There is a section right before where the questions start. If "damanges" is not a defined term, i would answer as this:

Objection: Defendant objects to this interrogatory on the ground that it isvague and ambiguous in its use of the term "plaintiff's damages" in that Plaintiff has not been "damages" as defendant understands that undefined term. 

 

ANSWER: OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

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

I would answer this and the remaining questions like this: 

 

Defendant objects to Plaintiff's use of the word "agreement" on the ground that is 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 cant respond. For that reason Defendant has asked Plaintiff to respond to a Bill of 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 supplied or another consideration rendered, and all the alleged payments or credits that have been made to the account. Plaintiff objected (if they in fact objected to your request)  and as not provided the complete alleged 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 answer to this request after Plaintiff complies fully with Bill of Particulars. 

 

ANSWER:  OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the 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.

ANSWER: OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

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

ANSWER: OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

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

ANSWER:  OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

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

ANSWER:  OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

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

ANSWER: OBJECTION. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit the Defendant to respond. For that reason, Defendant has asked Plaintiff to respond to a Bill of particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied 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 such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. 

Defendant reserves the right to supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

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23 hours ago, Gristle said:

Need some last minute help on answering Interrogatories before I post for review, here are the questions I'm stuck on;

1. State the name and address, telephone number and relationship to you of each person who prepared or assisted in the preparation of the responses to these interrogatories.

Intended answer; me.

2030.060 (f).§  OBJECTION: Defendant objects to this request on the ground that it is compound in violation of California Code of Civil Procedure section

  Without waiving foregoing objection Defendant answers this Request as follows: (state your name and address, and telephone number. 

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

Intended answer my name and address.

OBJECTION: Defendant objects to this request on the ground that it is compound in violation of California Code of Civil Procedure section §2030.060 (f).

  Without waiving foregoing objection Defendant answers this Request as follows: (state your name and address, and telephone number. 

3. State your date and place of birth.

Answer?

OBJECTION: Defendant objects to this request on the ground that it is compound in violation of California Code of Civil Procedure section §2030.060 (f).n

  Defendant further objects to this interrogatory on the ground that it si not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. 

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

OBJECTION: Defendant objects to this request on the ground that it is compound in violation of California Code of Civil Procedure section §2030.060 (f).n

  Defendant further objects to this interrogatory on the ground that it si not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. 

Answer? I think I should object as the "incident" has yet to be proven and plaintiff has yet to fully respond to BOP. 

 

Any feed back is greatly appreciated!!

 

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very good @sadinca

I agree on the damages as well. Bottom feeders purchase stale debts seeking profit and are not damaged, and if they are; then they created their own damages.

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Thanks, very good stuff! I sent out my responses. However since I have (2) suits going at the same time and I just received those RFA's and ROG's I will add that info on that one. Cavalry is gonna be sorry they came after us...and by us I mean you all...thank you so very much for all the help!

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On ‎5‎/‎1‎/‎2017 at 6:28 PM, Gristle said:

Thanks, very good stuff! I sent out my responses. However since I have (2) suits going at the same time and I just received those RFA's and ROG's I will add that info on that one. Cavalry is gonna be sorry they came after us...and by us I mean you all...thank you so very much for all the help!

Just a  comment on the form Rogs.

You correctly point out that you should take a careful look at the word "incident".  These were drafted with cases like personal injury (car accidents, etc.) in mind.  Sometimes, Plaintiff will provide a hand-crafted definition of the term "incident".  Sometimes, Plaintiff will be lazy and use the definition in the form itself which does not fit well in these cases (often plaintiff does not have a claim for breach of contract in the complaint, so defining "incident" to include a breach of contract doesn't work).

So you should consider objecting to the term "incident" on the ground that it is vague and ambiguous in the context of this litigation.

 

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Question; would you recommend I supplement my answers that I already sent back and add; objecting to the term "incident"? (Using the above recommendations)

Thanks again for ALL the great feedback, if you only knew how much it meant to me, you all have been amazing! 

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