Lady Bug

Starting a Battle with Midland funding in California

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Hi again,

I have one more question. I noticed that the judge assigned to this case is called a "case management judge." Is that a "real" judge? I read in this form that it's probably best to have your case heard by a real judge and that I could make a motion for this to happen. Anybody have any idea on this?

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I think I may have answered my own question. I googled him and ballotpedia.org says that he is a nonpartisan judge of the superior court of Santa Clara California and won [the] election outright in the primary on June 5, 2018. So I would think he is a "real judge," but doesn't have much experience. Am I reading this correctly?

Thanks again!

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I'm sorry, one more question:  I'm going to start working on my demand for a Bill of Particulars, and just read online that a Bill of Particulars is only available for actions that are on "an account."

The first page of the complaint states that, under "complaint for:" "(1) account stated."

There are 31 paragraphs listed under that. And that is it.

Under "on the first cause of action:" there are three paragraphs: unpaid balance, costs of suit, and "such other relief as the court may deem just and proper."

And that is the end of the complaint. Next come the exhibits.

QUESTION: so may I assume that this action is based on the "an account" principle, which entitles me to send the attorneys a Bill of Particulars?

Thanks again!

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52 minutes ago, Lady Bug said:

CERTIFICATE OF CONFORMITY

STATE OF UTAH CITY OF SALT LAKE

I don't think this complaint is verified. It don't think this satisfies CCP 446. 

A verification would have to be signed by one of Midland Lawyers in San Diego starting the allegations within the complaint are true, or believe to be true. 

I don't see how a jdb could assert the allegations to be true, when jdb came in the picture after the event. 

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I apologize (this is my last chance to work on this before I found my answer).

I would like to attach a few alternative defenses to my answer. I'm scared that if I don't raise them in the answer, I may lose the right raise them at a later date.

#1) their first written communication with me looks to be full of violations in accord with 1788.52(d).  QUESTION: which alternative defense would this come under?

#2) because my identity has been stolen (I have proof of this), I would like to leave that open as a defense. QUESTION: which alternative defense would this come under?

#3) understand that CCP section 98 is our best friend. Is there any alternative defense I need to raise which would help support that defense?

And finally, when in this process do I file for further information under CCP 96?  This looks like pretty powerful stuff, but it has to be served between 45 and 30 days "prior to the date first set for trial...."  I don't even have a trial date yet, so will I have time to file this, or should I just file it with the answer (to the court, POS to applicant) and request for Bill of Particulars (POS to the applicant)?

Thank you again so very much and sorry for the bombardment of questions!

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54 minutes ago, Lady Bug said:

I think I may have answered my own question. I googled him and ballotpedia.org says that he is a nonpartisan judge of the superior court of Santa Clara California and won [the] election outright in the primary on June 5, 2018. So I would think he is a "real judge," but doesn't have much experience. Am I reading this correctly?

Thanks again!

Here is the OC, we only have one judge in charge of collection lawsuits. He may be non partisan but he sure is pro jdb. The judge you mention may be the one and only

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Thank you for your quick reply! You're awesome!

What is the "OC?" Where you given me a link to that? How can you tell he is PRO JDB?  I think your message got cut off, because it only said "the judge you mentioned may be the one and only...." That's all I got.

Thanks again for all your help!

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55 minutes ago, Lady Bug said:

I'm sorry, one more question:  I'm going to start working on my demand for a Bill of Particulars, and just read online that a Bill of Particulars is only available for actions that are on "an account."

The first page of the complaint states that, under "complaint for:" "(1) account stated."

There are 31 paragraphs listed under that. And that is it.

Under "on the first cause of action:" there are three paragraphs: unpaid balance, costs of suit, and "such other relief as the court may deem just and proper."

And that is the end of the complaint. Next come the exhibits.

QUESTION: so may I assume that this action is based on the "an account" principle, which entitles me to send the attorneys a Bill of Particulars?

Thanks again!

Caselaws state defendants are not  entitled to a BOP on account Sated. Since the account stated theory relies only on the charge off statement therefore there's is nothing to itemize. 

Let plaintiff object. 

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26 minutes ago, Lady Bug said:

their first written communication with me looks to be full of violations in accord with 1788.52(d).  QUESTION: which alternative defense would this come under?

Just say plaintiff failed to comply with CCP 1788.53(d). 

27 minutes ago, Lady Bug said:

because my identity has been stolen (I have proof of this), I would like to leave that open as a defense. QUESTION: which alternative defense would this come under?

This will have to be raised as a fact. Something along the lines of Defendant is a victim of identity theft and does not owe this debt. 

 

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40 minutes ago, Lady Bug said:

Thank you for your quick reply! You're awesome!

What is the "OC?" Where you given me a link to that? How can you tell he is PRO JDB?  I think your message got cut off, because it only said "the judge you mentioned may be the one and only...." That's all I got.

Thanks again for all your help!

OC is orange county

I meant to say the judge may be the one and only to handle collections in your county

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28 minutes ago, Lady Bug said:

I understand.  <<<Let plaintiff object>>>.  Does that mean I should file it anyway and then let them object?

Serve it, but don't file it. BOP does not get filed in court

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I was at my kids soccer game, sorry I missed some questions. 

In regards to CCP 96 & 98 they are no affirmative defense for those. Plaintiff will have to serve you a CCP 98 of they want to authenticate any business records from OC with out producing a live witness closer to trial at about the same time you will serve ccp96 request 

 

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