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CMC not held within 180 days

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CMC was held 1362 days after complaint was filed and trial is a few days away. To be honest I was caught off guard by the change in attorney for the case and the judge just set a trial date.

Is there a law or statue that allows for this delay? Or can I use this to my favor during trial?

I have been sued by Absolute Resolutions in California. Complaint was filed in 2014. Collections case 3.740

I used others forums on here to get me through the Answer, Demand for BOP, Interrogatories, and Discovery process.

I received the usual BOS through the complaint and discovery, they also attached a copy to the CCP98, however this one has my name on it. Is that legal?

I was curious so I went to the courthouse  and reviewed other cases filed by Absolute and found one BOS identical to mine. This BOS had no name on it for reference, just as the BOS did on the initial complaint served on me but my name is now on the BOS included with the CCP98.

So my other question is can I use the BOS copies of the other cases in court to impeach the affiants CCP98 if needed.

Thank you, any guidance is appreciated. Apologies if this is not in the correct format.

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Thank you BV80 for tagging.  I am so frustrated with trying to find an answer to challenge the validity and admissibility of the documents. I only have hours in which to have a response to the CCP98 served. Can I use the  BOS and Assignment of Receivables from the other cases I found and had printed at the Court Clerks office for impeachment? And would I have to send copies of these to Plaintiff Attorney in the statement?

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yes, you would have to pay a process server, and obtain a subpoena with the court seal. in some courts you will have to get the subpoena from the court clerk, other courts have a digital copy with the seal on their websites. 

the ccp 98 you received... does it have an address where the person making the declaration can be served, or does it have multiple addresses. is the address (or addresses) within 150 miles from the court?


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