bp00

Being Sued As Well By Calvary SPV 1 LLC In California As Well, Have A Few Questions

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I was just served last Friday Night. I have been following the threads on here an the advice so far has been unbelievable. I have a couple of questions that I wanted to double check. The first is I didn't see any thing that was labeled VERIFIED, the only thing that was attached was a statement from August 2013 showing that my last payment was made July 2013. I am assuming this means it is unverified? I just wanted to make sure that my first step is filing a POS - 050 or genial denial http://www.courts.ca.gov/documents/pld050.pdf.  Also, a notice of case assignment was attached. Does that mean anything separately? It's a CRC 3.740 case. What I am confused about is it says a defendant must general appear within 30 days of service of the complaint.

My next question is do I have to file a POS - 030 as well? I am a bit confused as to if it is necessary or not. 

Also, does the BOP have to come from someone else or can it be mailed from me? I am bit confused on that as well.

My last question is part of the documents filed was copies of a suit against someone else in Fresno with their name on it, not me. My cases paperwork filed in San Diego is attached as well, but I am confused as to why the paperwork from a case against a lady was attached as well?

I apologize if these are simple questions. I honestly had no idea what to do until I found this site and all the responses & realized that I can fight this & win.

I have answered the questions below as well.

Thank you for you help in advance!

1. Who is the named plaintiff in the suit?  Calvary SPV I, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lawyers out of Fullerton, Ca 

 

3. How much are you being sued for?  $4,800

 

4. Who is the original creditor? (if not the Plaintiff) Citibank

 

5. How do you know you are being sued? (You were served, right?) Yes

 

6. How were you served? (Mail, In person, Notice on door) In person

 

7. Was the service legal as required by your state? Yes

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued? A letter saying that they now had the debt & to verify in 30 days, which I didn't 

9. What state and county do you live in? San Diego, California

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2013

 

11. What is the SOL on the debt? 4 years

 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit served. I have 30 days to answer 

 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

 

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No.

 

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?  30 days to respond; Does 1 to 10 Inclusive ( I think this is what is meant)

 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An old Citibank statement from 08/2013

 

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On ‎4‎/‎20‎/‎2017 at 4:13 PM, bp00 said:

I was just served last Friday Night. I have been following the threads on here an the advice so far has been unbelievable. I have a couple of questions that I wanted to double check. The first is I didn't see any thing that was labeled VERIFIED, the only thing that was attached was a statement from August 2013 showing that my last payment was made July 2013. I am assuming this means it is unverified? I just wanted to make sure that my first step is filing a POS - 050 or genial denial http://www.courts.ca.gov/documents/pld050.pdf.  Also, a notice of case assignment was attached. Does that mean anything separately? It's a CRC 3.740 case. What I am confused about is it says a defendant must general appear within 30 days of service of the complaint.

If the complaint is not verified (and they normally are NOT verified), then you can file a general denial.  A general denial is an appearance in the case.

My next question is do I have to file a POS - 030 as well? I am a bit confused as to if it is necessary or not. 

When you finish the general denial , you will have someone put it in an envelope addressed to the plaintiff's lawyer and put it in the mail.  Then they will sign the POS and you will file it with the court along with the general denial.

Also, does the BOP have to come from someone else or can it be mailed from me? I am bit confused on that as well.

You prepare the BOP and sign it.  Someone else sends it to Plaintiff's lawyer just as is explained above.

My last question is part of the documents filed was copies of a suit against someone else in Fresno with their name on it, not me. My cases paperwork filed in San Diego is attached as well, but I am confused as to why the paperwork from a case against a lady was attached as well?

This is a head-scratcher.  Hard to tell without seeing it, but my guess is incompetence.  In other words, the plaintiff's lawyer messed up and sent you someone else's case.  The poor lady in Fresno probably didn't get anything at all.

Welcome.  My answers to your questions are in red above.

 

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On 4/25/2017 at 6:46 PM, calawyer said:

Welcome.  My answers to your questions are in red above.

 

 

@calawyer Thank you so much for your responses! 

I of course have a few follow-ups.

Can that someone else who mails the documents be my wife or does it have to be someone at a different address?

Also, I am assuming that the return address on the documents that this person mails would be mine, correct?

If I am following this right, I fill out my General Denial & POS and make copies of both.

Someone then signs the POS & sends a copy of this & a copy of the General Denial to the plaintiff's attorney.

I take the original denial & original POS, both signed, GD by me, POS by someone eles, to the courthouse & file them & get them time-stamped to prove I did this before 30 days after being served.

I file the originals but get copies of the signed, time-stamped GD & POS & keep them for my own records.

Should I also file the BOP or do I do this later

I hope I have this process down & I am sorry for all the questions.

I really appreciate your help on this!

 

 

 

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I filed my General Denial & Proof of Service with the courts last Friday & they are showing online in the Register of Actions.

As far as time-frame, when do I send a Request for Production or Bill of Particulars, and which one of these should I send?

Your feedback is much appreciated.

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I must have missed your previous post. sorry. feel free to *bump* the question if no one responds within a day or two. 

as fast as the bill of particulars you can send that right now. and just for future information, it can also be sent before filing the answer. 

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On 5/9/2017 at 2:28 PM, sadinca said:

I must have missed your previous post. sorry. feel free to *bump* the question if no one responds within a day or two. 

as fast as the bill of particulars you can send that right now. and just for future information, it can also be sent before filing the answer. 

@sadinca No worries on missing my earlier post & thanks for the advice.

As a follow-up. do I need to file a copy of the BOP along with a Proof of Service with the court?

Do I send a copy of the Proof of Service with the BOP, or do I not need to do that at all?

Sorry for the many questions, I just want to make sure I am doing everything correctly.

Thanks!

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Do send a copy of BOP to plaintiff along with POS. Always send POS with anything you send plaintiff.

You do not need to file BOP with the court. 

 

Make as many questions as you have, that's how we learn

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On 5/10/2017 at 7:10 PM, sadinca said:

Do send a copy of BOP to plaintiff along with POS. Always send POS with anything you send plaintiff.

You do not need to file BOP with the court. 

 

Make as many questions as you have, that's how we learn

Thanks @sadinca

Should I send a signed original BOP or an unsigned copy?

Also, do I send an unsigned, POS or signed? Copy or original?

Lastly, I made a mistake on my general denial & POS & at the top of the for "Attorney or Party Without", I put the attorney of the plaintiff instead of myself thinking it was basically addressing the documents to them.

I know this mistake is probably beyond stupid, & I hope not fatal, is there anything I can do to fix this?

Do I file a mc040 or mc050?

I am just sick having realized what happened & am hoping there is a solution to fix this.

Thank you for any advise on this.

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When sending a BOP demand to plaintiff: Send a copy of BOP and unsigned POS. you keep original BOP and Signed POS. 

16 hours ago, bp00 said:

Lastly, I made a mistake on my general denial & POS & at the top of the for "Attorney or Party Without", I put the attorney of the plaintiff instead of myself thinking it was basically addressing the documents to them.

did you file the GD and POS with the court and the court accepted it? 

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14 minutes ago, sadinca said:

When sending a BOP demand to plaintiff: Send a copy of BOP and unsigned POS. you keep original BOP and Signed POS. 

did you file the GD and POS with the court and the court accepted it? 

@sadinca I filed the GD & POS & it is showing in the Register of Actions

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i would not worry about it if it was accepted and now it is showing your answer. but maybe @calawyer can clarify this for us. 

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I received a very large packet about a week-and-a-half ago from the Plaintiff's lawyer that contained discovery demands made upon me:

1. Form Interrogatories;

2. Special Interrogatories; and

3. Request for Admissions

First-off, is it normal for them to send this before the CMC (scheduled for December) & before they answered my BOP?

For the Request for Admissions they sent through 12 months worth of statements as Exhibit 1 & 12 Cardholder Agreements as Exhibit 2. 

Below are the Form Interrogatories & Request For Admissions, for which I have included answers gathered from @Gristle's thread (http://www.creditinfocenter.com/community/topic/328440-new-and-seeking-to-fight-calvary-spv-with-your-help) with answers that we also provided by @sadinca.

I'm not sure what the final verdict was on how to answer 115.2 in regards to the Form Interrogatories , so I included both.

Also, a question in regards to Questions 6 in the Request for Admissions, do it matter that the address the reference was in another state than the one that they are trying to sue me?

Number 12 in the Request for Admissions seems to be a new one that I haven't seen on other threads so I currently don't have an answer.

I have no idea how to answer the 3 Special Interrogatories

Sorry for the long post, I just wanted to include everything that I had put together so far.

If anyone can help confirm whether or not anything needs to be changed I appreciate your feedback & all of the knowledge sharing that has been happening in everyone's thread.

Form Interrogatories

Sec. 4 Definitions (a) Box Checked (1) INCIDENT includes the circumstances and events surrounding the alleged accident, injury, or other occurrence of breach of contract giving rise to this action or proceeding.

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.

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.

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


102.2: State the date and place of your birth.

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.

102.3: State, as the time of the incident, your driver’s license number, 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.

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

ANSWER: OBJECTION. The Interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. Without 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 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.

Not Sure whether to use the Objection or the Answer?

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

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 can’t 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 has 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. 

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

Defendant objects to Plaintiff's use of the word "agreement" on the ground that 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 can’t 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 has 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.

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

Defendant objects to Plaintiff's use of the word "agreement" on the ground that 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 can’t 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 has 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.

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

Defendant objects to Plaintiff's use of the word "agreement" on the ground that 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 can’t 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 has 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.

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

Defendant objects to Plaintiff's use of the word "agreement" on the ground that 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 can’t 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 has 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.

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

Defendant objects to Plaintiff's use of the word "agreement" on the ground that 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 can’t 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 has 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.

 

Request For Admissions

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.”

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

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.”

DENIED.
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:


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.”

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

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 August xx, 20xx, 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 March xx, 20xx, 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 June xx, 20xx, 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.

112.   You have no valid affirmative defenses to this action.

NEED ANSWER: This seems to be a new one to me unless I have missed this in other threads. What is the rebuttal to this?

 

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58 minutes ago, bp00 said:

normal for them to send this before the CMC (scheduled for December) & before they answered my BOP?

the BOP was sent almost a month ago, correct? 

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ok. so you sent them last week, and they have 10 days to respond to that +5 for mailing. in all roughly 20 days. from last week, and you have 30 days +5 for mailing to answer their discovery questions. in your position, i would wait to answer their discovery until you receive an answer to your BOP, tho, i doubt the answers would change much. 

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1 hour ago, bp00 said:

12.   You have no valid affirmative defenses to this action.

 

NEED ANSWER: This seems to be a new one to me unless I have missed this in other threads. What is the rebuttal to this?

Denied. 

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@sadinca Turns out my BOP didn't get mailed out last week, so it got sent off today CMRR.

The packet I received from the lawyers was dated May 19, but I didn't receive it until May 26.

If my math is right I think I am still within the 30 + 5 when they are to respond, correct? 

I'm not sure if it's 30 business days or 30 days. 

Sorry for the questions, just trying to stay on-top of this & make sure that I know when I have to answer by.

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I am looking for some help in-regards to the Special Interrogatories that were sent along with the Request For Admissions & Form Interrogatories.

Does this just mean that I have to respond to the Form Interrogatories or are these three questions that I have to answer separately as well?

I'm sorry if this is a dumb question, I just am confused and want to make sure I answer everything properly.

They are:

1: (Hereinafter, "request" refers to and means "a request for the admission of a fact which is made by plaintiff in Set One of Plaintiff's Request for Admissions, dated May 19, 2017 and served herewith.") For each of your responses that is not an unqualified admission, please state all facts upon which you base that response, identifying that response by reference to the number of the request to which it is made.

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

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

 

Thank you in advance for anyone's help on this.

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Whenever I see instructions like those I refer to the Code of Civil Procedure, which is what sets the rules for how admissions are answered, not some lawyer/JDB.

From CCP 2033.220:

Quote

(a) Each answer in a response to requests for admission shall be as complete and straightforward as the information reasonably available to the responding party permits.

(b) Each answer shall:

     (1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party.

     (2) Deny so much of the matter involved in the request as is untrue.

     (3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge.

(c) If a responding party gives lack of information or knowledge as a reason for a failure to admit all or part of a request for admission, that party shall state in the answer that a reasonable inquiry concerning the matter in the particular request has been made, and that the information known or readily obtainable is insufficient to enable that party to admit the matter.

Nothing in there about having to " state the name, address, and telephone number of persons..." or " identify all documents which support your response..." in any of your responses.

If it's something that you deny, then simply writing "DENIED" is sufficient. If you don't have the records or recollection to admit, then "DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies."

They can shove their "special instructions" up their rear ends.

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On 6/8/2017 at 2:25 PM, bp00 said:

 

@sadinca Turns out my BOP didn't get mailed out last week, so it got sent off today CMRR.

 

Just to be clear: you BOP was sent out on 6/8?

 

On 6/8/2017 at 2:25 PM, bp00 said:

The packet I received from the lawyers was dated May 19

if the proof of service states that it was sent out on May 19. to my calculations your answer is to be sent out and post marked no later than May 23. 

 

On 6/8/2017 at 2:25 PM, bp00 said:

I'm not sure if it's 30 business days or 30 days.

to answer discovery question you have 30 CALENDAR days. +5 for mailing

 

 

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1 hour ago, sadinca said:

Just to be clear: you BOP was sent out on 6/8?

 

if the proof of service states that it was sent out on May 19. to my calculations your answer is to be sent out and post marked no later than May 23. 

 

to answer discovery question you have 30 CALENDAR days. +5 for mailing

 

 

@sadinca My BOP didn't get sent out until 6/8 due to my co-worker not being able to mail it when I originally had thought because they were admitted for emergency surgery so it didn't get mailed until 6/8.

Did you mean June 23 instead of May 23 in regards to my response to the packet of Request For Admissions, Form Interrogatories & Special Interrogatories from the lawyers?

I was referring to May 19 as the date all three forms were dates along with the POS that were in the packet from the lawyers, so I was trying to figure out the 30+5 timeline as to when I had to mail my responses out.  I actually received that packet from the lawyers on May 27 so I didn't know if the clock started on May 19 or May 27.

I have it as I need to have my forms dated June 18 as to when I need to send my responses back.

Hopefully this makes sense.

 

 

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11 hours ago, RyanEX said:

Whenever I see instructions like those I refer to the Code of Civil Procedure, which is what sets the rules for how admissions are answered, not some lawyer/JDB.

From CCP 2033.220:

Nothing in there about having to " state the name, address, and telephone number of persons..." or " identify all documents which support your response..." in any of your responses.

If it's something that you deny, then simply writing "DENIED" is sufficient. If you don't have the records or recollection to admit, then "DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies."

They can shove their "special instructions" up their rear ends.

@RyanEX Thank you so much for the response!

So if I understand this correctly, the Special Interrogatories are instructions that the JDB wants me to abide by in-regards to my responses to the Request For Admissions & Form Interrogatories?

I wasn't sure if I am sending three responses (Special Interrogatories, Request For Admissions & Form Interrogatories) or just two responses (Request For Admissions & Form Interrogatories).

Sorry for the multitude of questions.

Just trying to reel this all in.

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if the BOP was sent out on June 8, and they have 10days + 5 days for mailing. you may not receive an answer to the BOP on time since their answer to your BOP should be served by the 21 of June.  so unless they answer right away to your BOP you may not be able to use the answer to their discovery as posted before. 

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If you do not receive a response to your BOP before you answer, you may not be able to say that plaintiff "objected" but you could say that you have not received a response.

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@sadinca & @calawyer Thank you guys for your responses. With a few days left before I need to respond I am honestly at a lost as to how to respond to  Request For Admissions & Form Interrogatories if I have to scrap the answers that I posted above. 

Do I have to formulate new responses or just take certain sentences out?

Also, does the Special Interrogatories get a response as well or are they just rules that the JDB wants me to abide buy, even though I should abide by  CCP 2033.220 ?

Again, I'm sorry for so many questions.

I feel like with all the research I do, I find kind of the right route I am suppose to go, but can never find exactly how I am supposed to correctly respond.

Any links to threads with answers & templates would be greatly appreciated.

I found a template from Sac Law "Responding To Interrogatories", but I am unsure if I use that template for both Request For Admissions & Form Interrogatories & Special Interrogatories if that gets a response as well.

Thanks for your help on this, I can't tell you how much I appreciate it.

 

sbs-discovery-responding-to-interrogatories-responses.rtf

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