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Statue of Limitations California


USCTROY1
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Hello Everyone,

How does the Statue of Limitations work in the State of California? I am being sued by Calvary LLC. They sent me 12 billing statements in my Request for Production of Documents with the last payment showing on 03/31/2013. I understand that the SOL in California is 4 years but was wondering about any details that would be helpful. Any help would be appreciated.

 

Thanks

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@USCTROY1 If this is a credit card suit, who is the original creditor? If there is another state law (i.e. Delaware) that governs the contract, and that state has a shorter SOL, you may be able to argue the shorter SOL applies. (I am not a lawyer. @calawyer is.)

California Code, Code of Civil Procedure - CCP § 361

Limitation laws of other states, effect of. When a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State, except in favor of one who has been a citizen of this State, and who has held the cause of action from the time it accrued.

See Professional Collection Consultants v. Lauron (2017) 8 Cal.App.5th 958, 968. Read carefully.

https://scholar.google.com/scholar_case?case=4686813952648713610&q=chambers+v+resurgence&hl=en&as_sdt=4,5

 

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California SOL on a written contract is 4 years.

@brotherskeeper is correct, California will favor the shortest SOL that applies - either the 4yrs in CA or a shorter SOL from another state if that happens to be the case. I looked that up a couple years ago.

Whatever the date was when you had a payment due, but missed that payment, is where you should start. Go 4 years from that to determine your SOL. JDBs usually get their lawsuits filed just before the it runs out; if you were recently served, it's possible they filed it prior to the SOL running out. That is that date that matters, the date the lawsuit was was filed.

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@USCTROY1 Also, check the rules of civil procedure to determine if the statute of limitations as bar to the claim is waived if not asserted as an affirmative defense in your answer. Check to see if an answer may be amended, how and any timing restricitons.

I don't know California rules, but in Michigan, a party who intends to rely on or raise an issue concerning the law of a state other than Michigan, must give notice of the Law of Other Jurisdictions in the party's pleadings. We noticed the court that we intended to use Delaware laws, and listed the specific laws with text. 

 

 

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@Brotherskeeper, @RyanEX Unfortunately, I reviewed the Statue dates for both California (4 years) and South Dakota (6 years) and it looks like they filed with the courts before it ran out. The last payment that was received according to there documents was 3/30/2013. They filed with the court on 11/16/2016. 

 

 

 

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I do have some other questions that you may be able to help me with. I have a Mandatory Settlement Conference scheduled on 12/27/2017 in Riversiide County, CA. In the paperwork it states "If the parties do not reach a full settlement agreement at the MSC, they will immediately be ordered to start trial. All parties must be prepared for their MSC and trial." Does that mean that the trial starts right after the MSC or do they schedule it for another date?

I have already filed a Request for Production of Documents and Request for Admissions from the JDB. They responded to the Request for Production of Documents with a bunch of non-sense and I still have not received my Request for Admissions back. Is there anything that you would recommend doing in between now and the court date scheduled 12/27/2017.

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On 11/19/2017 at 10:56 AM, USCTROY1 said:

All parties must be prepared for their MSC and trial." Does that mean that the trial starts right after the MSC or do they schedule it for another date?

a Trial date would be scheduled right after MSC. 

On 11/19/2017 at 10:56 AM, USCTROY1 said:

They responded to the Request for Production of Documents with a bunch of non-sense

what did you request and how did they respond?

 

On 11/19/2017 at 10:56 AM, USCTROY1 said:

I still have not received my Request for Admissions back.

are they late on their response? 

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6 hours ago, sadinca said:

a Trial date would be scheduled right after MSC. 

Would it be wise to serve the CCP 96 ASAP or should I wait to receive a trial date.

what did you request and how did they respond?

I requested a copy of the credit application- They responded by saying" Plaintiff is not in possession of any document which may be responsive to this request Discovery is ongoing, and the plaintiff reserves the right to amend or supplement this response. 

All my other request were answered with them saying that the questions were vague, ambiguous, and unintelligible.

 

are they late on their response? 

I sent the Request the Request for Admission on 10/31/2017. So they are not late but it is getting close.

Thanks for any help that you can provide. I really appreciate it. 

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11 hours ago, USCTROY1 said:

Would it be wise to serve the CCP 96 ASAP or should I wait to receive a trial date.

CCP 96 should be served no earlier than 45 days but no later than 30 days from trial. sounds like there is no trial date scheduled as of yet. correct?

11 hours ago, USCTROY1 said:

I requested a copy of the credit application- They responded by saying" Plaintiff is not in possession of any document which may be responsive to this request Discovery is ongoing, and the plaintiff reserves the right to amend or supplement this response. 

All my other request were answered with them saying that the questions were vague, ambiguous, and unintelligible.

how long ago was this?  also, is the cause of action Breach of Contract?

11 hours ago, USCTROY1 said:

I sent the Request the Request for Admission on 10/31/2017. So they are not late but it is getting close.

keep an eye on it. but keep the following in mind. 

at one time in California, no negative consequences would be enforced unless the requests contained a proper warning. Thomas, supra, 226 Cal. Rptr. at 415; Janetsky v. Avis, 222 Cal. Rptr. 342, 345-46 (Cal. Ct. App. 1986); Hernandez v. Temple, 142 Cal.App. 3d 286, 289 (1983). The requesting party had to place “at the end” (not buried in the middle) a warning that failure to comply with the provisions of the request for admission statute would immediately result in the matters being deemed admitted

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12 hours ago, sadinca said:

CCP 96 should be served no earlier than 45 days but no later than 30 days from trial. sounds like there is no trial date scheduled as of yet. correct?

I am not really sure. I am still trying to determine if the trial immediately follows  the MSC the same day. It is kind of confusing reading the paperwork but they make it sound like both are the same day.

 

 

 

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12 hours ago, sadinca said:

 

keep an eye on it. but keep the following in mind. 

at one time in California, no negative consequences would be enforced unless the requests contained a proper warning. Thomas, supra, 226 Cal. Rptr. at 415; Janetsky v. Avis, 222 Cal. Rptr. 342, 345-46 (Cal. Ct. App. 1986); Hernandez v. Temple, 142 Cal.App. 3d 286, 289 (1983). The requesting party had to place “at the end” (not buried in the middle) a warning that failure to comply with the provisions of the request for admission statute would immediately result in the matters being deemed admitted

It did state on the DISC-020 "Penalties may include, among other things, an order that the facts in issue are deemed true or that the documents in issue are deemed genuine for purposes of the case.

 

 

Thanks again for any help you can provide. 

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11 hours ago, USCTROY1 said:

 

11 hours ago, USCTROY1 said:

I am not really sure. I am still trying to determine if the trial immediately follows  the MSC the same day. It is kind of confusing reading the paperwork but they make it sound like both are the same day.

Trials are long and MSC usually last only about 10 minutes. if there is no trial date scheduled on the docket, most likely a trial date would be set during the MSC.

 

11 hours ago, USCTROY1 said:

It did state on the DISC-020 "Penalties may include, among other things, an order that the facts in issue are deemed true or that the documents in issue are deemed genuine for purposes of the case.

good if they fail to respond you can motion the court to deem those fact admitted. 

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