bp00

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

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in regards to your answer, what calawyer is saying is that some of the answers to plaintiffs discovery question reference objection that we are assuming JDB will be making. however, you cant use the objection against them if they havent made such objection by the time you send your response.

maybe a small tweaking will suffice. @calawyer

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 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.

 

Discovery is ongoing and not complete. 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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@sadinca Thanks for the clarification.

I was hoping not to have to come up with entirely new answers but just strike certain content instead.

I will wait for @calawyer to confirm as well.

Thank you again for your help.

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and if i understand ccp correctly, you do not have to automatically serve the supplemental responses after receiving an answer to the BOP. it will be up to them to do the follow up if they want supplemented responses. 

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@sadinca Is there a response that needs to be sent in regards to  Special Interrogatories, or am I just sending my responses for Request For Admissions & Form Interrogatories?

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For the Requests for Admissions, I am just suggesting that you change the last sentence of the first paragraph so it would read as follows (changed sentence underlined):

 

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. As of the date of this response, Plaintiff has not responded to Defendant's Bill of Particulars 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.

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Here is what I have come up with in answering these three:

Special Interrogatories

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.

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.

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.

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.

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.

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.

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8 minutes ago, bp00 said:

Here is what I have come up with in answering these three:

Special Interrogatories

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.

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.

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.

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.

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.

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.

Are those interrogatories? Or their list of "instructions" for answering interrogatories?

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@RyanEX They are Special Interrogatories (Set One) & says "Please answer or otherwise respond to each of the following special interrogatories within 30 days after service on this document".

It then had the three numbered special interrogatories.

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 Interrogatories ask a question unlike RFA which ask  to admit or deny.  So for these, here is a suggested response:

 

1: (Hereinafter, "request" refers to and means "a request for the admission of a fact which is made by plaintiff in , 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.

 Defendant incorporates herein [his/her] responses to  Set One of Plaintiff's Request for AdmissionsDefendant further objects to the extent this interrogatory purports to require Defendant to distinguish between admissions of fact some other type of request for admission set forth therein.  As those responses indicate,  the information known or readily obtainable to Defendant  is insufficient to enable [him] to admit, because Plaintiff has not provided any support for the vague allegations in the complaint.  Defendant reserves the right to supplement [his/her] answer to this interrogatory after Plaintiff complies with its obligations under the code..

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16 minutes ago, bp00 said:

@RyanEX They are Special Interrogatories (Set One) & says "Please answer or otherwise respond to each of the following special interrogatories within 30 days after service on this document".

It then had the three numbered special interrogatories.

I'm confused, I guess. The lines reference the request for admissions ("For each of your responses that is not an unqualified admission") - I wouldn't think they would use interrogatories to ask you to explain Admissions answers. But I could be wrong, could be something I haven't seen before. Hopefully someone else will need to chime in on this.

edit: calawyer is on it :)

Generally speaking, form interrogatories ask general questions that could apply to any case (ex, "State your name"  "Where do you live") while special interrogatories ask questions that are specific to the case (ex. " Did you ever report to ABC BANK that there was an inaccuracy in any billing statement"). Those don't look like they are asking for something  specific to the case.

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The objection to the weird phraseology in number 1 (which I have not seen before) would not apply to the remainder.  So for those:

 

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.

Defendant incorporates herein [his/her] responses to  Set One of Plaintiff's Request for Admissions.   As those responses indicate,  the information known or readily obtainable to Defendant  is insufficient to enable [him] to admit, because Plaintiff has not provided any support for the vague allegations in the complaint.  Defendant reserves the right to supplement [his/her] answer to this interrogatory after Plaintiff complies with its obligations under the code..

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.

Defendant incorporates herein [his/her] responses to  Set One of Plaintiff's Request for Admissions.    As those responses indicate,  the information known or readily obtainable to Defendant  is insufficient to enable [him] to admit, because Plaintiff has not provided any support for the vague allegations in the complaint.  Defendant reserves the right to supplement [his/her] answer to this interrogatory after Plaintiff complies with its obligations under the code..

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2 minutes ago, RyanEX said:

I'm confused, I guess. The lines reference the request for admissions ("For each of your responses that is not an unqualified admission") - I wouldn't think they would use interrogatories to ask you to explain Admissions answers. But I could be wrong, could be something I haven't seen before. Hopefully someone else will need to chime in on this.

edit: calawyer is on it :)

Generally speaking, form interrogatories ask general questions that could apply to any case (ex, "State your name"  "Where do you live") while special interrogatories ask questions that are specific to the case (ex. " Did you ever report to ABC BANK that there was an inaccuracy in any billing statement"). Those don't look like they are asking for something  specific to the case.

There is a very pesky form Rog that asks you to go through each response to an RFA and give all facts, documents and witness that support your denial.  Real pain in the appropriate case.

 

For some reason, this Plaintiff seems to have turned those (poorly in my opinion) into Special Rogs.

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@calawyer Thank you so much for helping me answering these three Special Interrogatories.

I had been looking all over for examples of these along with responses and have been hitting a brick wall & was starting to really stress over it.

@RyanEX Thank you as well for jumping & helping as well. I thought these were just generally standard questions as well and was completely thrown off but what they had asked.

Again, really I appreciate your help on this.

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@calawyer Should I alter this response as well that I was going to use for the Form Interrogatories or is it still o.k. without a BOP response as of yet?

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.

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I received a reply to my Demand for Bill of Particulars:

Plaintiff's complaint filed on XXXXX, is for an Account Stated cause of action, in addition Money Lent.  In Ahlin v. Crescent Commercial Corp. (1950) 100 Cal. App. 2 d, 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.) Plaintiff, XXXXXXX'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 Plaintiff's Response to Defendant's Demand for Bill of Particulars, as to the Money Lent cause of action only.

 

GENERAL OBJECTIONS AND RESERVATIONS OF RIGHTS

Plaintiff objects to each and every Demand to the extent that it calls for a responsive evidencing or embodying confidential communications between Plaintiff and their attorney, on the grounds that such communications are protected by the attorney-client privilege.

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

Plaintiff 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 trail. Thus, his responses and answers below are based solely upon information presently available to him.  Plaintiff 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 Plaintiff's right to produce evidence of subsequently discovered facts.  Accordingly, Plaintiff 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 a good faith effort to supply as much factual information as is presently known, but in no way should be to the prejudice of Plaintiff in relation to further discovery, research or analysis. Plaintiff reserves the right to amend or supplement these responses should this become necessary or appropriate.

Without waiving such objections and reservations, Plaintiff responds to Defendant's Demand as follows:

Plaintiff is only required to produce an itemization of the account alleged within the pleadings indicating what accounts are the subject of the lawsuit. Plaintiff has been contacted by its attorneys of record, XXXXXXXXXXX, and hereby complies with this Bill of Particulars:  A diligent search and reasonable inquiry has been made in an attempt to locate the requested documents. Plaintiff is continuing to search its records for documents that are responsive to this demand. Plaintiff 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 the terms and conditions and billing statements dated XXXXX to XXXXX.

They sent through a year full of statements, starting one month sooner & ending one month sooner than what they have sent before.

Not 100% sure what my next move is here, so any help would be appreciated.

Thanks!

CC: @sadinca @calawyer

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Just sit back for a bit.  When you get a trial date, we will send out a CCP 96 demand and maybe a final RFP.  Until then, relax.

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I wanted to give an update on my case.

I had my CMC towards the beginning of December, and as others have said, it lasted maybe a minute long.

A local lawyer sat-in for the JDB's firm; the judge asked if a date near the end of March was o.k. with both parties, we both agreed, the lawyer asked if I was a lawyer or the Defendant, for which I answered, and that was the end of it.

I laid low until the 45 day mark came, and after looking at everything I had received for the case, I had noticed that the Plaintiff had originally asked for the trial to be no earlier than June.

I figured that was due to their case load, so I decided my best plan for attack was to lay-low as long as I could.

The Plaintiff's attorney had also sent in their CMC statement a little late, so this fed into my decision making process as well.

I waited until day 35 to send off the DISC-015, hoping that they had forgot about me.

I knew this would give me less time to possibly subpoena a witness along with everything else that needed to be done, but again, I felt this was my best chance.

When I received a response from the attorney around the 20 day mark, it came in a single-letter envelope, which I figured was them trying to pull a fast one on me pivoting to who-knows what.

It turns out it was a Request for Dismissal Without Prejudice.

I have been checking online for the past week for my case to be updated online & today it was finally updated as Dismissed.

I'm still in shock honestly, but beyond grateful.

I want to thank @calawyer, @RyanEX, @sadinca & @gradys for all helping me with my responses & for their advice along the way.

I also want to thank everyone who has posted their experiences on the site, as I have read through so many of them as well to try & build a knowledge base along the way.

I would never have been able to accomplish this outcome without this site, and I can't thank everyone enough for their help & knowledge-sharing.

I know a lot of people have been a lot more prepared, and filed a lot more paperwork to get less favorable results, so I know how lucky I am to end-up with this result.

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Great news!!! congratulations on your victory!!! dont forget to post on the Hall of Fame threat. 

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2 minutes ago, RyanEX said:

Love it. Congrats!

Be sure to twist the knife by filing for your costs!

I will for sure! 

Plan on doing that ASAP.

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On 6/25/2017 at 9:23 AM, calawyer said:

Just sit back for a bit.  When you get a trial date, we will send out a CCP 96 demand and maybe a final RFP.  Until then, relax.

Hi my case is 100% like this one. Same questions, answers and Plaintiff's law firm. When I got the BOL they only sent card statements, nothing else. Under Money Lent it is required to send me the whole account right?

Should I seat back until its time to file the CCP 96?

I was planning of sending a Meet and Confer letter asking for the whole account under Money Lent then file a Motion to Compel if they ignore me again.

What about if Plaintiff decides to remove the Money Lent cause in order to not having to send me the complete BOL?

Can the Original Creditor provide an itemized statement of the account to the Plaintiff ? Debt is $8000

Do nothing and seat tight until 2020 is probably the right thing to do but If I can get the case dismissed ASAP will be great. This lawsuit is stressing me out honestly.

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@YOLO YOLO How long has your account been open? This will play a big part IMO about potential witnesses they may say they have & played into my decision making process on how I proceeded. 

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1 hour ago, bp00 said:

@YOLO YOLO How long has your account been open? This will play a big part IMO about potential witnesses they may say they have & played into my decision making process on how I proceeded. 

According to the 2 pages excel sheet the Plaintiff sent with information about the account and the sworn affidavit by the OC employee, the account was opened in October 2013 and charged off in July 2015.

Because the trial date was different from the 2 cases I have, the Plaintiff requested to have both hearing the same day because they will bring an OUT OF STATE witness. (Maybe its a bluff).  They better give me an address within 150 miles from the court to subpoena (CCP96)

 

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