slamber84

Sued by Portfolio - California

Recommended Posts

Maybe this is why they didn't answer to your request. Anything you serve plaintiff must be accompanied with a Proof of Service. 

http://www.courts.ca.gov/documents/pos030.pdf

let us know if you have any questions regarding the proof of service. 

what you can do, is serve a new BOP demand with the proof of service. 

Share this post


Link to post
Share on other sites
1 hour ago, sadinca said:

Maybe this is why they didn't answer to your request. Anything you serve plaintiff must be accompanied with a Proof of Service. 

http://www.courts.ca.gov/documents/pos030.pdf

let us know if you have any questions regarding the proof of service. 

what you can do, is serve a new BOP demand with the proof of service. 

I'll do this today :)  I haven't received any contact from them since service of general denial with receipt confirmation dated 2/26/18.  Wonder what they have up their sleeves....

Share this post


Link to post
Share on other sites
3 minutes ago, slamber84 said:

I'll do this today :)  I haven't received any contact from them since service of general denial with receipt confirmation dated 2/26/18.  Wonder what they have up their sleeves....

Does the BOP need to be on pleadings paper?? 

Share this post


Link to post
Share on other sites

this template has been around here for a bit and was last modified by calawer. replace the red fonts with your information and fill in the blank field. 

Share this post


Link to post
Share on other sites
4 hours ago, sadinca said:

this template has been around here for a bit and was last modified by calawer. replace the red fonts with your information and fill in the blank field. 

This is the one I sent today with POS on pleading paper.  It's not too late, right!?   Summons was served on 2/8, I served general denial with POS on 2/23 and filed it with courts on 3/2.  I'll wait for response to BOP but in the meantime, should I be receiving something from the courts?  They have this new process where you just stamp your filings at the time clock and put it in a box.  No clerk to stamp or schedule a hearing.  I received my approved fee waiver back but nothing regarding my case.  

Share this post


Link to post
Share on other sites

you can serve BOP at any time for as long as you dont start discovery. 

it all depends on your local court rules. during our cases we never got anything from the court but a letter more than 6 months in informing us of the trial date. some courts may schedule Case Management or Trial Readiness conference but not all. 

Share this post


Link to post
Share on other sites
On 3/21/2018 at 4:06 PM, sadinca said:

you can serve BOP at any time for as long as you dont start discovery. 

it all depends on your local court rules. during our cases we never got anything from the court but a letter more than 6 months in informing us of the trial date. some courts may schedule Case Management or Trial Readiness conference but not all. 

So here's an update.....I mailed BOP 3/22 POS & CMRRR.  The same day I received mail from the court saying a judge had been assigned because a response had been filed with the name of the judge.  Nothing more regarding any dates or conferences.  Also I received a somewhat comical letter from the attorney for JDB...here is what it reads:

"We will accept a settlement in the amount of $2,400 (suit amount $3,700).  You must contact our office on or before April 10 to set up payments or settlement will be null and void and we will move forward with the pending litigation against you."

At this time, I am not interested in the settlement offer as I do not owe them anything.  I will wait to hear back response to my BOP.

  • Like 1

Share this post


Link to post
Share on other sites
On 3/23/2018 at 10:28 AM, slamber84 said:

So here's an update.....I mailed BOP 3/22 POS & CMRRR.  The same day I received mail from the court saying a judge had been assigned because a response had been filed with the name of the judge.  Nothing more regarding any dates or conferences.  Also I received a somewhat comical letter from the attorney for JDB...here is what it reads:

"We will accept a settlement in the amount of $2,400 (suit amount $3,700).  You must contact our office on or before April 10 to set up payments or settlement will be null and void and we will move forward with the pending litigation against you."

At this time, I am not interested in the settlement offer as I do not owe them anything.  I will wait to hear back response to my BOP.

@sadinca

Another update: Received court date for Civil Case Management Conference scheduled for July 20.  Statement is due 15 days prior so I figured that June 29 will be a safe date to shoot for.  

Also received an overnight package from UPS in response to my demand for BOP.  Package includes a statement regarding demands made with ridiculous excuses as follows: 

Regarding request for ANY agreement between defendant and CITIBANK:

"...documents are not relevant or likely to lead to discovery of admissible evidence......documents are within the Defendant's possession, custody ot control and/or are equally available to the requesting party....attorney-client and work product privileges...etc" For this item they provided a bill of sale, affidavit of Sale, electronic sale file (which looks different and doesn't include the Document ID that is listed on the BOS & affidavit), 10 months of statements showing June 2015 as the last statement with a payment listed and a credit card agreement that shows a date of 2011 at the top.  The issue date of the account that was listed in the complaint is November 2013 so I'm not even sure if the agreement is even applicable to the account in question.

 

Regarding request for ALL DOCUMENTS relating to or constituting ANY assignment to plaintiff of the account referred to in the complaint:

"documents which contain confidential and/or proprietary and commercially sensitive information." For this item they list the same crap bill of sale signed by V.P. of Citibank for a sale of some file with a Document ID listed at the top (no mention of the account number in question), Same Affidavit of Sale signed and notarized by same Citibank VP (same doc ID number at the top and still no acct # mentioned), same electronic sale file which I assume is Exhibit 1 listed on the bill of sale but it is not labeled as such and it's just a huge spreadsheet with a bunch of account mumbo-jumbo and a few pieces of my personal information.  This document doesn't have the document ID listed and is formatted differently than the bill of sale and affidavit.  Seemingly added after the fact.  

Regarding request for ALL DOCUMENTS constituting statements of account number **** showing all payments and credits from inception until present:

"....request of grossly overbroad and is burdensome and meant to harass the responding party.  Request is grossly overbroad as tot he timeframe and seeks documents that are equally available and/or within the requesting party's possession."  To this request they list the 10 credit card statements (Feb 2015-Dec 2015)  

There is a VERIFICATION and POS signed by someone at Portfolio then the documents described above that follow.

Is my next step to wait a bit for Request for Admissions/Interrogatories or Discovery?  Or should I be looking into a Meet & Confer Letter?  I know the package they sent me is the same pile of crap they send everyone else but I need help in poking holes in their response (failure to show a valid chain of assignment, evidentiary deficiencies,?) and how to prepare Meet and Confer.  Any help in the next steps would be greatly appreciated!!

 

Share this post


Link to post
Share on other sites
3 hours ago, slamber84 said:

Another update: Received court date for Civil Case Management Conference scheduled for July 20.  Statement is due 15 days prior so I figured that June 29 will be a safe date to shoot for.  

calendar or Court days?

Share this post


Link to post
Share on other sites
3 hours ago, slamber84 said:

Regarding request for ANY agreement between defendant and CITIBANK:

 

3 hours ago, slamber84 said:

Regarding request for ALL DOCUMENTS relating to or constituting ANY assignment to plaintiff of the account referred to in the comp

 

3 hours ago, slamber84 said:

Regarding request for ALL DOCUMENTS constituting statements of account number **** showing all payments and credits from inception until present:

These do not look like responses to Bill of Particular, but rather responses to discovery demand for production of documents. 

Share this post


Link to post
Share on other sites
8 minutes ago, sadinca said:

 

 

These do not look like responses to Bill of Particular, but rather responses to discovery demand for production of documents. 

It must have been response the the version I sent prior to sending with POS last week with the sample version.  This was another version I found in another thread.  Did I hurt my case sending the demand for particulars in such a specific format listing requests in numerical format?  I think I missed a call from PRA today actually....should I attempt to return the call?  There was no voicemail left. 

Share this post


Link to post
Share on other sites
19 minutes ago, sadinca said:

calendar or Court days?

I just read the rules of court and it lists 15 calendar days, not business days for response.  However, the rules also state that no later than 30 calendar days before the date set for the case management conference, the parties must meet and confer, in person or by telephone, to consider each of the issues 

Share this post


Link to post
Share on other sites
On 3/20/2018 at 8:57 AM, sadinca said:

BOP refers to Bill of Particulars. California Civil Procedure §454. it is defendant demand for plaintiff to itemize in detail the items that make up the account. 

http://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-454.html

Bill of Particulars request.doc

 

I am a bit confused. is this the BOP demand you sent? 

Share this post


Link to post
Share on other sites
23 hours ago, sadinca said:

I am a bit confused. is this the BOP demand you sent? 

The second one I sent after we established that I needed to send with POS was the one you linked above.  The first one I sent had th requests listed...I found it on another thread. They were different. I sent both. They responded to the first one that was not send with POS or certified. Surprised they responded to that one....not to mention there’s only one cause of action, account stated so I’m actually surprised they sent all of that to begin with. 

Share this post


Link to post
Share on other sites

in that case, they may just ignore your request for BOP. since technically your first request for documents started discovery in your part. once discovery has started BOP cannot be used. but who knows. maybe they will respond. 

Share this post


Link to post
Share on other sites

@sadinca @RyanEX  The JDB responded to the BOP with the same response as most others I've seen on this board stating that they do not have to comply based on the "account stated" cause of action.  Also, at this point, I have not received a Request for Admissions/Interrogatories or anything else.  Case Management Conference is scheduled for July 20th.  Is there anything else I should do between now and then?  I think you mentioned earlier a meet and confer.  We are currently about 57 days out from the scheduled Case Management Conference.   I may settle just to get rid of this headache but it will be for a much lower amount than anything they've already offered.  

Share this post


Link to post
Share on other sites
17 hours ago, slamber84 said:

The JDB responded to the BOP with the same response as most others I've seen on this board stating that they do not have to comply based on the "account stated" cause of action

JDB responded with only objection? no statements? 

Share this post


Link to post
Share on other sites
On 5/15/2018 at 9:57 AM, sadinca said:

JDB responded with only objection? no statements? 

"Plantiff objects to Defendant's Demand because Plantiff's complaint is not subject to a Demand for Bill of Particulars.  Plantiff's complaint alleges an account stated cause of action only/ and said cause of action is not subject to a Demand for Bill of Particulars."

"A Bill of Particulars is not available in an action on an account stated. (Distefano v. Hall(1963)  It is well settled that a bill of particulars is not appropriate in an action on an account stated because an account stated is deemed to merge various items on which the earlier accounts were based: e.e., there is nothing left to itemize.  (Ahlbin v. Cresent Commercial Corp (1950) "In an action on an account stated, it is not necessary to prove the account or any of its items, but the proof in such a case is directed to the fact that the parties have accounted together and agreed upon the balance due...."(Auzerais v. Naglee (1887)

"Plaintiff respectfully requests that Defendant withdraw her Demand for Bill of Particulars as such demand is improper in this case." Dated: April 4, 2018

 

But don't forget that I did send the Discovery request prior to this and received the usual packet of crap documents with no actual chain of custody.  

How should I proceed with Civil Case Management Conference scheduled for July 20th?  

Share this post


Link to post
Share on other sites

Send a Request for Production of Documents... there's several samples on here. You'll want copies of statements back to inception of the account, contract selling your account and correspondence regarding your account (make them object -maybe have a hearing they weren't planning on).

Share this post


Link to post
Share on other sites
On 5/21/2018 at 2:31 PM, slamber84 said:

"Plantiff objects to Defendant's Demand because Plantiff's complaint is not subject to a Demand for Bill of Particulars.  Plantiff's complaint alleges an account stated cause of action only/ and said cause of action is not subject to a Demand for Bill of Particulars."

"A Bill of Particulars is not available in an action on an account stated. (Distefano v. Hall(1963)  It is well settled that a bill of particulars is not appropriate in an action on an account stated because an account stated is deemed to merge various items on which the earlier accounts were based: e.e., there is nothing left to itemize.  (Ahlbin v. Cresent Commercial Corp (1950) "In an action on an account stated, it is not necessary to prove the account or any of its items, but the proof in such a case is directed to the fact that the parties have accounted together and agreed upon the balance due...."(Auzerais v. Naglee (1887)

"Plaintiff respectfully requests that Defendant withdraw her Demand for Bill of Particulars as such demand is improper in this case." Dated: April 4, 2018

 

But don't forget that I did send the Discovery request prior to this and received the usual packet of crap documents with no actual chain of custody.  

How should I proceed with Civil Case Management Conference scheduled for July 20th?  

@sadinca - Any advice in how to proceed at this point in the game would be great!  I'm considering sending a meet and confer letter at this point.  Then a motion to compel based on the crap response I received to the discovery I sent in the beginning.  

Share this post


Link to post
Share on other sites

if i read correctly, it sounds like you served a discovery request for production of documents Before sending the BOP demand. is this correct? i may have said this before, i do not remembers, i am sorry if im repeating myself. the way calawyer explained this to me is that BOP is not considered discovery, but rather an amplification of the complaint. this is why it is requested before starting discovery. once discovery starts we cannot go back to BOP. 

however, you did send a BOP demand  and they responded. you could send a meet and confer letter stating that just because in Auzerais states that itemization of the account is not necessary to prove the account, plaintiff could still produce them in good faith if in its possession or control. 

other than that, just prepare for the CMC. @RyanEX any input?

have they served you with dicovery? 

 

Share this post


Link to post
Share on other sites
On 5/30/2018 at 9:48 AM, sadinca said:

if i read correctly, it sounds like you served a discovery request for production of documents Before sending the BOP demand. is this correct? i may have said this before, i do not remembers, i am sorry if im repeating myself. the way calawyer explained this to me is that BOP is not considered discovery, but rather an amplification of the complaint. this is why it is requested before starting discovery. once discovery starts we cannot go back to BOP. 

however, you did send a BOP demand  and they responded. you could send a meet and confer letter stating that just because in Auzerais states that itemization of the account is not necessary to prove the account, plaintiff could still produce them in good faith if in its possession or control. 

other than that, just prepare for the CMC. @RyanEX any input?

have they served you with dicovery? 

 

Yes, that's correct.  I served discovery (production) before BOP inadvertently.  The response to the first discovery is a packer of the usual junk.  The response to the later BOP was the objections and such.  Can I send a meet and confer letter regarding the items that were sent in the Production and the lack of chain of custody that was provided?  Or better off with the response to BOP you mentioned above?  

How should I prepare for CMC?  I need to prepare a statement so I'll keep researching this.  Any advice helps.  

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.