jcman

Calvary SPV I in California Help

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Received Court Summons. Calvalry SPV I California

Filed Answer pro se

attended trial setting conference 12/17/18

trial set for 8/13/19

any help would be greatly appreciated

 

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How much are they suing for?

When did you last pay?

Who is the attorney?

 

Prepare for discovery - they will send Interrogatories and Requests for

Send your own discovery - examples on the board.

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On 12/30/2018 at 1:01 PM, 1stStep said:

How much are they suing for?

When did you last pay?

Who is the attorney?

 

Prepare for discovery - they will send Interrogatories and Requests for

Send your own discovery - examples on the board.

$3,910

The last day paid was May 2015 (According to the Statements they provided me).  I cannot find the closed account from Citibank (the original owner of the account).

Plaintiff Attorney: Quail Cardot LLP
Frensno, CA 

Received Request for production of documents 1/9/19.

There complain is for:

1.Account Stated
2. Open Book.

What discovery should i send? Is the discovery request for both counts or should discoveries be prepared based on each count?

 

 

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In your place I would focus on answering the Discovery questions before sending any Discovery questions

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42 minutes ago, sadinca said:

In your place I would focus on answering the Discovery questions before sending any Discovery questions

Thank you for your help.

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45 minutes ago, sadinca said:

Did you serve a bill of particulars request?

I was preparing the bop but i was wondering how to approach?

 

a Bill of Particulars setting forth all items and details of the account on which the cause of action for [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit] of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account.
 

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55 minutes ago, jcman said:

$3,910

The last day paid was May 2015 (According to the Statements they provided me).  I cannot find the closed account from Citibank (the original owner of the account).

Plaintiff Attorney: Quail Cardot LLP
Frensno, CA 

Received Request for production of documents 1/9/19.

There complain is for:

1.Account Stated
2. Open Book.

What discovery should i send? Is the discovery request for both counts or should discoveries be prepared based on each count?

 

 

Also received Request for admissions with:

 

1. Admit that you entered into an agreement with Citibank to which credit provided to YOU in the form of a credit account. Account** in exchange for monthly payments to be made by YOU.

2. Admit that YOU agreed to make monthly payments to Citibank toward the balance YOU incurred on Account No***

3. Admit that YOU have not issued any PAYMENT to Citibank regarding Account** since 5/15/2015.

4. Admit that there remains an unpaid balance on YOUR Citibank account.

5. Admit that all charges on YOUR Citibank account were AUTHORIZED by YOU.

6. Admit that YOU owe the amount alleged for YOUR Citibank account as set forth in paragraph 19 of the Complaint filed on 9/13/2018, a true and correct copy of which is attached hereto as exhibit "A".

7. Admit that YOU owe the amount alleged for YOUR Citibank account as set forth in paragraph 24 of the Complaint filed on 9/13/2018 a true ad correct copy of which is attached hereto as Exhibit "A".

8 Admit that the invoice attached hereto as Exhibit "B" accurately reflects the outstanding balance you owe Citibank as of the date of the billing period.

 

Admit the genuineness of the invoice of YOUR Citibank account, a true and correct copy of which is attached hereto as Exhibit "B".

 

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17 minutes ago, jcman said:

I was preparing the bop but i was wondering how to approach?

 

a Bill of Particulars setting forth all items and details of the account on which the cause of action for [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit] of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account.
 

Bill of Particulars request.doc

I'm your position I would serve the template as soon as possible, tomorrow, wait for their response before answering their Discovery questions. That's answer or lack of answer will assist you in American their Discovery easier

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On 1/16/2019 at 10:24 PM, sadinca said:

Bill of Particulars request.doc

I'm your position I would serve the template as soon as possible, tomorrow, wait for their response before answering their Discovery questions. That's answer or lack of answer will assist you in American their Discovery easier

prepared and served bill of particulars. 

Any advice on how to proceed with their requests?

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Your answers are due what date? You are allowed 30 days to answer plus five days for mailing. 

Plaintiff should serve their answer your request within 10 days plus five days for mailing? What date are is the answer due in the mail?

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16 minutes ago, sadinca said:

Your answers are due what date? You are allowed 30 days to answer plus five days for mailing. 

Plaintiff should serve their answer your request within 10 days plus five days for mailing? What date are is the answer due in the mail?

Both Request for Admissions set one and request for production of documents set one were mailed 1/9/19.

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I'd wait for their response to your book before you serve your answers to their discovey questions. 

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On 1/18/2019 at 11:39 PM, sadinca said:

I'd wait for their response to your book before you serve your answers to their discovey questions. 

Hi All,

 Plaintiff, CAVALRY SPV I, LLC's, response to Defendant Demand for Bill of Particulars is attached hereto as Exhibit "A". Discovery is ongoing and Plaintiff is seeking additional documents from the underlying creditors. Additional documents will be provided to Defendant upon receipt as a supplemental response to the Demand for Bill of Particulars.

 

Exhibit "A" consisted of Copies of Several credit card statements, bill of sale and assignment, asset schedule, affidavit of sale of account by original creditor, certificate of conformity, a fact sheet, a card agreement, and a Cavalry Transaction History for account.

 

Any advice? Anyone?

 

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On 1/18/2019 at 10:36 PM, jcman said:

Both Request for Admissions set one and request for production of documents set one were mailed 1/9/19.

If that is the date of service (please confirm?), then you need to respond by Wednesday the 13th. When they serve you discovery requests via mail, then, counting from the date those items were placed in the mail, you get 35 days to place your response in the mail (30 days + 5 days).

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On 2/4/2019 at 10:38 PM, jcman said:

Exhibit "A" consisted of Copies of Several credit card statements, bill of sale and assignment, asset schedule, affidavit of sale of account by original creditor, certificate of conformity, a fact sheet, a card agreement, and a Cavalry Transaction History for account.

how many statements did they send? 

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@RyanEX your thoughts on these?

 

 

 

1. Admit that you entered into an agreement with Citibank to which credit provided to YOU in the form of a credit account. Account** in exchange for monthly payments to be made by YOU.

            Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

2. Admit that YOU agreed to make monthly payments to Citibank toward the balance YOU incurred on Account No***

  Defendant  Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

3. Admit that YOU have not issued any PAYMENT to Citibank regarding Account** since 5/15/2015.

Defendant  Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

4. Admit that there remains an unpaid balance on YOUR Citibank account.

Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

5. Admit that all charges on YOUR Citibank account were AUTHORIZED by YOU.

Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

6. Admit that YOU owe the amount alleged for YOUR Citibank account as set forth in paragraph 19 of the Complaint filed on 9/13/2018, a true and correct copy of which is attached hereto as exhibit "A".

Defendant objects to this request on the ground that this request is not full and complete in and of itself and in violation of section §2033.060(d)

Defendant further Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

7. Admit that YOU owe the amount alleged for YOUR Citibank account as set forth in paragraph 24 of the Complaint filed on 9/13/2018 a true ad correct copy of which is attached hereto as Exhibit "A".

Defendant objects to this request on the ground that this request is not full and complete in and of itself and in violation of section §2033.060(d)

Defendant further Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, and Plaintiff’s complaint is utterly devoid of any factual information regarding the alleged debt.

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

8 Admit that the invoice attached hereto as Exhibit "B" accurately reflects the outstanding balance you owe Citibank as of the date of the billing period.

       After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

 

Admit the genuineness of the invoice of YOUR Citibank account, a true and correct copy of which is attached hereto as Exhibit "B".

Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

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4 hours ago, sadinca said:

how many statements did they send? 

They sent 12 credit car statements. It's about 6 months prior to last payment and 6 months after last payment.

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On 2/8/2019 at 11:53 AM, sadinca said:

@RyanEX your thoughts on these?

 

 

 

1. Admit that you entered into an agreement with Citibank to which credit provided to YOU in the form of a credit account. Account** in exchange for monthly payments to be made by YOU.

            Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

2. Admit that YOU agreed to make monthly payments to Citibank toward the balance YOU incurred on Account No***

  Defendant  Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

3. Admit that YOU have not issued any PAYMENT to Citibank regarding Account** since 5/15/2015.

Defendant  Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

4. Admit that there remains an unpaid balance on YOUR Citibank account.

Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

5. Admit that all charges on YOUR Citibank account were AUTHORIZED by YOU.

Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

6. Admit that YOU owe the amount alleged for YOUR Citibank account as set forth in paragraph 19 of the Complaint filed on 9/13/2018, a true and correct copy of which is attached hereto as exhibit "A".

Defendant objects to this request on the ground that this request is not full and complete in and of itself and in violation of section §2033.060(d)

Defendant further Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

7. Admit that YOU owe the amount alleged for YOUR Citibank account as set forth in paragraph 24 of the Complaint filed on 9/13/2018 a true ad correct copy of which is attached hereto as Exhibit "A".

Defendant objects to this request on the ground that this request is not full and complete in and of itself and in violation of section §2033.060(d)

Defendant further Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, and Plaintiff’s complaint is utterly devoid of any factual information regarding the alleged debt.

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

8 Admit that the invoice attached hereto as Exhibit "B" accurately reflects the outstanding balance you owe Citibank as of the date of the billing period.

       After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

 

Admit the genuineness of the invoice of YOUR Citibank account, a true and correct copy of which is attached hereto as Exhibit "B".

Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account.

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

Hi Sandica,

Thank you for all your help.  What would be the best way to respond to Production of Document request?

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Re: Plaintiff Request for Production of Documents

Thoughts overall?

  @sadinca

1.  Any and all DOCUMENTS of whatever kind or nature RELATING TO purchases made on YOUR Citibank, N.A. account, Account No. ending in XXXX.

Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

2. Any and all DOCUMENTS depicting PAYMENTS made by YOU on YOUR Citibank, N.A. account, Account N. ending in XXXX.

Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

3. Any and all COMMUNICATION between YOU and Citibank, N.A. regarding your Citibank, N.A. account No. ending in XXXX.

After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

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Production of Documents: YOU ARE HEREBY FURTHER REQUESTED to serve on the undersigned, as attorney for the requesting party, within (30) days of the service of this request, a written response subscribed under oath, regarding those items to be produced and those items claimed to be privileged.  Any advice here on how to address this? @sadinca 

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On 2/11/2019 at 11:00 AM, jcman said:

Re: Plaintiff Request for Production of Documents

Thoughts overall?

  @sadinca

1.  Any and all DOCUMENTS of whatever kind or nature RELATING TO purchases made on YOUR Citibank, N.A. account, Account No. ending in XXXX.

Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

2. Any and all DOCUMENTS depicting PAYMENTS made by YOU on YOUR Citibank, N.A. account, Account N. ending in XXXX.

Defendant Objects to Plaintiff’s reference to “YOUR Citibank account.” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account”, 

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete "account."

Without waiving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

3. Any and all COMMUNICATION between YOU and Citibank, N.A. regarding your Citibank, N.A. account No. ending in XXXX.

After a reasonably inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff serves a supplemental response to Defendant's demand for Bill of Particulars.

Defendant objects to Plaintiff's reference to "YOUR Citibank N.A" as it calls for legal conclusion. Defendant has denied liability for the alleged "account"

Without waiving forgoing objection, Defendant responds as follows: After a diligent search and a reasonable inquiry in an effort to comply with this demand, Defendant concludes that so such documents of alleged communication between (YOU) and Citibank, N.A. that reference the alleged "account" No. ending in XXXXXX are in (his/her) possession or control as discovery is still in progress and not complete. Defendant reserves the right to amend her responses if such documents become available.

 

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On 2/11/2019 at 12:57 PM, jcman said:

Production of Documents: YOU ARE HEREBY FURTHER REQUESTED to serve on the undersigned, as attorney for the requesting party, within (30) days of the service of this request, a written response subscribed under oath, regarding those items to be produced and those items claimed to be privileged.  Any advice here on how to address this? @sadinca 

Is this part of the instructions? 

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