MouseRabbit

In California Being Sued by Cavalry SPV I LLC as Assignee of Citibank NA

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okay doing a bit more reading on this forum and i am starting to feel like I've made a mistake -

They responded to my BOP a few months back but I never made any Requests for Production or sent any further requests for complete BOP, nor did I do a Meet and Confer request or file any motions yet.

I believe I may still have time(?) if those are absolutely needed -- (?)

 I have just laid low with the expectation that I will CCP 96, subpoena their witness, file MIL and then object, object, object in court.

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4 hours ago, MouseRabbit said:

okay doing a bit more reading on this forum and i am starting to feel like I've made a mistake -

They responded to my BOP a few months back but I never made any Requests for Production or sent any further requests for complete BOP, nor did I do a Meet and Confer request or file any motions yet.

I believe I may still have time(?) if those are absolutely needed -- (?)

 I have just laid low with the expectation that I will CCP 96, subpoena their witness, file MIL and then object, object, object in court.

Meh. There are different strategies. The route you took is one of them, and not an entirely “bad” one. Not sure why you feel you’ve made a “mistake.” No use crying over spilled milk. 

Now you focus on what you have (CCP 96), which is TRULY IMPORTANT and effective. 

And crafting killer MILs/Objections, trial briefs, etc.!

Remember, these JDBs are looking for defaults and settlements. The last thing they want is to take it all the way to court and risk losing. You have the law on your side ... IF YOU USE IT PROPERLY!!

Once a JDB sees that you’re using the law properly (they see that you know what you’re doing), they tend to dismiss. 

Sometimes they wait until right before trial to dismiss, and sometimes they DO take it all the way to in front of a judge, SO YOU MUST DOT YOUR “I’s” and CROSS YOUR “T’s”!!

Just remember that the burden of proof is THEIRS. And all they have is hearsay. It is their burden to PROVE that it is not hearsay ... and they usually cannot. 

BUT YOU MUST OBJECT ON THE RECORD WITH MILs, etc., otherwise YOU are toast. 

Focus on the tools you have right now: CCP 96, MILs, trial briefs, etc. If you do things right, it should be more than enough. 

So, do things right!! 😎

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Thank you for the encouragement @LoveIsPower !

I guess I am just somewhat worried that the judge will ask why I didn't further pursue if I found their BOP "unsatisfactory". 

Wondering if there is just meant to be more due diligence on my part. Then again, as plaintiffs, it is their burden to prove their case not mine.

"Your Honor, My BOP clearly asked for everything they had - I don't see a reason for them to have withheld anything at all. As I see it, they sent me some credit card statements that I can't verify and an alleged affidavit that can't act as a witness and is therefore hearsay. It would make more sense that I see them and their witness in Court."

Does that seem a little bit glib or disrespectful of the court? After all, I did pay my court fees.

 

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1 hour ago, MouseRabbit said:

I guess I am just somewhat worried that the judge will ask why I didn't further pursue if I found their BOP "unsatisfactory". 

Wondering if there is just meant to be more due diligence on my part. Then again, as plaintiffs, it is their burden to prove their case not mine

You hit the nail right on the head here. It is the plaintiffs burden to prove, not yours. 

Your “due diligence” is to analyze what they provide, know that it is all hearsay, and PROPERLY OBJECT USING THE LAW to the fact that it is all hearsay. 

Remember, the business model for JDBs are a form of, “let’s hope they don’t know the law, and don’t know what they are doing. That way we can sneak a judgment or scare them into settlement.”

It’s a numbers game. 

As soon as you start properly objecting using the law, they know they are sunk, because they don’t have anything. 

Now ... with that said ... THERE ARE WAYS for them to authenticate the documents properly so they are NOT hearsay ... but JDBs rarely go that route because it would be INCREDIBLY CUMBERSOME and expensive... thus busting down the entire business model. 

1 hour ago, MouseRabbit said:

"Your Honor, My BOP clearly asked for everything they had - I don't see a reason for them to have withheld anything at all. As I see it, they sent me some credit card statements that I can't verify and an alleged affidavit that can't act as a witness and is therefore hearsay. It would make more sense that I see them and their witness in Court."

Does that seem a little bit glib or disrespectful of the court? After all, I did pay my court fees

Again, you hit the nail right on the head. And it does not seem glib or disrespectful. At all. It is NOT your burden to prove anything — it is theirs. 

You asked. They provided junk hearsay. 

Ok 🤷‍♂️. See you in court. 

Are there other strategies? More aggressive — prodding and asserting that you know what you’re doing — clear signs that you’re taking it all the way and are going to make it difficult? 

Sure!

Those are incredibly effective too!  But, everything you said still applies. Your approach (one that many others take, including @ASTMedic), is still a solid and sound one. 

BUT YOU HAVE TO USE CCP 96! And ...

YOU HAVE TO OBJECT PROPERLY. 

You have to use the law. 

You cant be lax! You can’t be over-confident. 

You have to learn how to and CRAFT a killer MIL, trial brief, etc!  AND you have to serve them and turn them in within deadlines!  

If they send you a CCP 98 “Affidavit in lieu of live testimony”, you have to be ready to Subpoena the affiant properly (do not miss deadlines!!!) and OBJECT to EVERYTHING they are doing improperly in your killer MIL!

And if they don’t send you an “Affidavit,” you have to be prepared to question their witness on the stand and object, object, OBJECT!

The law is on your side! You got this! 🔥

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Thank you @LoveIsPower again for the advice and great encouragement. 

It is time for me to start planning out my killer MIL and Trial Brief - any resources you (or anyone) can recommend? 

High on my list of cases to cite are Meza v. Portfolio Recovery Service - (which will replace Target v. Rocha).

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2 hours ago, MouseRabbit said:

It is time for me to start planning out my killer MIL and Trial Brief - any resources you (or anyone) can recommend? 

I always recommend @ASTMedic's famous pinned thread.  Also @HomelessInCalifornia's thread.  I posted the links in my breakdown in the CCP 98 pinned thread by @calawyer, which you read.  They are "older" threads, but are incredible, and have samples of MIL's and procedures.

Admittedly, I am not an MIL expert.  There are much more experienced Cali folks here that can guide you better. But from the examples on this forum you can craft a killer MIL to fit your needs -- and people are more than willing to give you feedback on what you've crafted.

Then there are the documents that @sadinca left for me (and anyone who needs them) before they got too busy to post any more.  They left them in this forum (scroll down to post #20).  There are MIL samples there also. Check it out:

 

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Well - no response to my CCP 96 - it's been 28 days. 

My next step is ... Write the lawyers a letter saying that I will be submitting a motion to exclude all evidence not properly disclosed pursuant to ccp96?

And then hand my motion in to the courthouse?

My trial is in 2 and a half weeks... Whew.

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28 days, still 2 1/2 weeks to go... exactly how many days before trial did you serve it? You'd be right up against the allowable window to have sent it (between 30-45 calendar days before trial).

Just want to eliminate that as a reason they didn't respond.

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37 minutes ago, MouseRabbit said:
 

Hi RyanEX - sent it out 44 days before.

Gotcha

 

To your previous post:

A motion may not be the proper step. While they've sent you documents during thi process, your trial hasn't started therefore none of it has actually been submitted to the court as 'evidence'. A letter to them (meet and confer?) informing them that they failed to comply with your CCP 96 request and you'll be objecting to any and all evidence/witnesses at trial might be better.

Did you serve a proof of service with your CCP 96 request & get delivery confirmation?

Did they send you a CCP 98 declaration/affidavit? (you would have that by now if they planned on using one).

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I did send my CCP 96 with a POS and Paid extra for it to be certified mail.

They didn't send a CCP 98.

A Meet and Confer Letter sounds like the next step. When sending one, is a POS necessary?

 

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45 minutes ago, RyanEX said:

A motion may not be the proper step. While they've sent you documents during thi process, your trial hasn't started therefore none of it has actually been submitted to the court as 'evidence'. A letter to them (meet and confer?) informing them that they failed to comply with your CCP 96 request and you'll be objecting to any and all evidence/witnesses at trial might be better.

I'll be honest ... if it was me, I would prepare a Motion in Limine objecting to any evidence/witnesses they may want to present since they failed to comply to CCP 96.

I like to OBJECT FORMALLY and IN WRITING.  CYA in case of an appeal.

But (not to sound overconfident -- I do not like overconfident), this sounds like the traditional "litigate-by-numbers/hope you don't know what you're doing," case.  I mean ... they didn't send you a CCP 98?  AND they didn't respond to your CCP 96 request!?  Really!?  I mean ... really?  😂

What do they expect to come to court with!?  😂

Here is a sample of a MIL that @sadinca left for me.  I think you can edit/adjust this one:
(admittedly, I am not a MIL expert -- there are much more experienced members that can help you in this area)

MIL No 2 Sample - Evidence or Witnesses Not Named.docx

Not sure where you are, @MouseRabbit.  Check your local court rules for the timelines/deadlines as to WHEN to submit MIL's to the court and serve them to the plaintiff.
(and make sure to check your LOCAL-LOCAL department court rules, as they may be different than your Local County Court rules.  For example, my county court rules deadline for MIL was 5-days before trial ... my judge's department court rules were 10-days before trial).

REMEMBER THE DEADLINE APPLIES TO SERVING THE PLAINTIFF ALSO, so double and triple check that calendar.  And send everything CMRR, as always.

 

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A couple of lawyers on AVVO.com recommend MIL's.  Take a look at this thread:

https://www.avvo.com/legal-answers/no-response-to-ccp-96---what-is-my-recourse--1088769.html

IMHO (not overconfident -- I do not like overconfident) ... if you present a killer MIL or two, you've got them. 

At trial they can still introduce what was exchanged through the discovery process, but ... that is all hearsayThey have to authenticate all that hearsay.

There are two things they can present in order to authenticate all that hearsay:

1. An Affidavit in lieu of live testimony per CCP 98 ... which they did not submit 30 days before trial.  So that option is off the table.

2. A witness from the OC.  Since they did not even respond to your CCP 96 request ... well ... they don't have a witness.

So ... 😉

Now, I'm not saying go crack open the bottle of champagne just yet!  You still have to OBJECT!  'Cause if you don't object, they may try some BS the day of trial, like bringing an affidavit or a witness!  In this "litigate-by-numbers" business model they are hoping you don't know the law.

So, you MUST OBJECT!

To borrow the line from the first lawyer in the AVVO thread, "It looks like you have them on the ropes."

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Here are a couple of MIL that may also help you.  I forget exactly which thread this was. 

Since they can still introduce stuff that went through the discovery process (not sure exactly what you got), it could help to object to the fact that it is hearsay without a witness. 

I think one of the MIL's mentions that they didn't submit an Affidavit re: CCP 98, same as in your case, so they would need a live witness.

These are, basically, telling the court, "they sent me this stuff, but they need a live witness."

In your case it's even better, since they didn't respond to your CCP 96 request so ... they don't have a witness at all.

(again, I am not an MIL expert ... other members may be able to help you a bit more once you modify your MIL's).

MIL - STATEMENTS.docx

MIL-BillofSale.docx

 

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1 hour ago, LoveIsPower said:

I'll be honest ... if it was me, I would prepare a Motion in Limine objecting to any evidence/witnesses they may want to present since they failed to comply to CCP 96.

I like to OBJECT FORMALLY and IN WRITING.  CYA in case of an appeal.

But (not to sound overconfident -- I do not like overconfident), this sounds like the traditional "litigate-by-numbers/hope you don't know what you're doing," case.  I mean ... they didn't send you a CCP 98?  AND they didn't respond to your CCP 96 request!?  Really!?  I mean ... really?  😂

What do they expect to come to court with!?  😂

Here is a sample of a MIL that @sadinca left for me.  I think you can edit/adjust this one:
(admittedly, I am not a MIL expert -- there are much more experienced members that can help you in this area)

MIL No 2 Sample - Evidence or Witnesses Not Named.docx 46.89 kB · 0 downloads

Not sure where you are, @MouseRabbit.  Check your local court rules for the timelines/deadlines as to WHEN to submit MIL's to the court and serve them to the plaintiff.
(and make sure to check your LOCAL-LOCAL department court rules, as they may be different than your Local County Court rules.  For example, my county court rules deadline for MIL was 5-days before trial ... my judge's department court rules were 10-days before trial).

REMEMBER THE DEADLINE APPLIES TO SERVING THE PLAINTIFF ALSO, so double and triple check that calendar.  And send everything CMRR, as always.

 

 

Can certainly do that too - belt & suspenders approach, as calawyer liked to call it. It can be served on plaintiff and also filed with the court, putting it in the record.

One of his recommendations is to name it "Objection to ..." instead of "Motion in Limine to..." -

https://www.creditinfocenter.com/community/topic/324789-sued-by-midland-funding-court-date-in-31-days/?do=findComment&comment=1307801

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20 hours ago, RyanEX said:

One of his recommendations is to name it "Objection to ..." instead of "Motion in Limine to..." -

Very true! Again, check your local (county and department) court rules for how they prefer objections be submitted!! Some call it MIL’s.  Some don’t. Go by YOUR local court rules.

And remember, double and triple check those deadlines. AND ... ALSO ... sometimes the deadlines are in “court days” instead of “regular days” (not always, but sometimes they are — READ THOROUGHLY!!)

In the case they are in “court days” and not regular days, here is LA County’s nifty “court day calculator.”  It saved my bacon 🥓 once!

https://www.lacourt.org/courtdatecalculator/ui/

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Guys, thanks so much for all the advice - I may be really, really dumb or just tired - but I can't figure out my local court's rules for MILs? It's Chatsworth. I'm looking at the "Local Court Rules" on their website and to me it looks like 5 days - under "3.25(f)1"... guys? I'm sorry, I've been on 14hr days at work.

Thank you for all the example files - I don't know where I'd be without all this help and positive instruction.

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Okay, so I got a phone call today from the law firm that was handling the case for Cavalry SPV I - they said they got my Meet and Confer letter and there is no need for me to file the objection(MIL) as they intend to dismiss the case with prejudice.

I asked if I could get that in writing and the lawyer said that they are already working on communicating it to the courthouse - in other words - not right now or ever. 

My trial date is the 22nd - I will keep checking my status for dismissal but I'll plan to show up just in case.

Something I noticed about the documents they sent in response to my BOP - the photocopy they sent of the alleged bill of sale showed an account number for the batch of junk debt accounts that my alleged account was part of - but that number was inconsistent across 2 documents and in one document, they had that number in a table but the last 2 digits were cut off because they didn't size the table wide enough. Maybe pointing that would've been enough to show reasonable doubt. 

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THANK YOU @LoveIsPower @sadinca @RyanEX @1stStep and all of you other hardworking and special people who voiced support or were here in this community. 

I am so grateful for the positive attitudes and vibes shared with me towards winning this case and for helping be part of vanquishing these bloodsucking JDB who wield the power of the judicial system as an extortion racket.

Thank you @sadinca for taking the time to supply an excellent example of how to answer discovery and for the documents you have shared.

Thank you @LoveIsPower for the encouragement, links, documents and sharing your opinion.

Thank you @RyanEX for the answers and opinions. 

To others in California that have read this far - you can do this!

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2 hours ago, MouseRabbit said:

there is no need for me to file the objection(MIL) as they intend to dismiss the case with prejudice.

Well, first of all, I think a (mild) CONGRATULATIONS is in order!  I'd give you the full congratz (🥳), but since you don't have anything in writing yet ... I'll hold off on that one for a few days 😁

Can't say I didn't see the dismissal coming, though.  They had nothing and they know it.

2 hours ago, MouseRabbit said:

My trial date is the 22nd - I will keep checking my status for dismissal but I'll plan to show up just in case.

I had everything in signed and in writing and I STILL showed up to court.  I didn't want to mess around because I kept on checking the status online and nothing was showing up.  The day of the trial I went up to the main clerk's window and it showed that the dismissal had, in fact, been submitted by the plaintiff a week before and that it was already sent up to the specific department (judge's courtroom).  I went up to the courtroom and spoke to the department's clerk who jumped on her computer to check the status.  I had a printout of an email from the plaintiff's attorney saying that they had already filed the dismissal to the court, etc, and I showed it to her.  She confirmed that the dismissal was there, made the official input on the department's system, and told me, "Ok, all done. You're good to go."  I asked her, "That was a dismissal WITH prejudice, right?"  She looked, smiled, and said, "Yep."  I said, "thanks!" and went on my way.  Didn't even talk to the rent-a-lawyer.

I think there may be a way to call and talk to the clerk so you don't have to go all the way down to the courthouse, but I got crazy busy.  Check online for your clerk's phone number, in case nothing shows online.

Since your trial is the 22nd ... that means that TOMORROW is the "5 court days" deadline for submitting your objections (MILs), right?

I'll be honest with you ... with the way their lawyers have handled this case (very sloppy and lackadaisical), I'd be wary of trusting them to file things on time.  Many people will tell you straight out not to EVER trust the other lawyer, period.  I totally understand why.

I would call them first thing tomorrow and ask for something in writing and with a signature.  I'm not a lawyer, so I'm not sure exactly what would be legally binding

*** REMEMBER THIS:  Right now you have them by the cojones.  If they don't dismiss, this case is yours to lose ... if you don't object.  So ... YOU MUST OBJECT.  If you object, you're golden ... they have a barrel full of hearsay, and no affidavit or live witness to authenticate it.  So ... they have nothing.  BUT YOU MUST POINT THIS OUT.  If you don't point this out ... If you don't object ... then you throw yourself (unnecessarily) at the mercy of the court.  It's a crapshoot.  Maybe the judge gets up on the wrong side that morning and ... whoops.  And that would be pretty silly, since all you have to do is object, object, OBJECT.

So ... if they won't give you something in writing and signed, then I would recommend that you go ahead and submit your objections (MILs) to the court and serve them to the plaintiff (you can even serve it to them via fax or email, if they agree to receive them that way).

Listen, I really am not doubting that they will actually dismiss ... this is textbook in California.  You played it right, they know you know your stuff, there is no use spending any more time/money on a losing cause, so they dismiss.

But ... YOU MUST OBJECT.

Again -- (mild) congrats!

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