Calvary SPV I in California Help

[sadinca 768]

do you know the format in which you are supposed to send your answers?

[jcman 1]

@sadinca@RyanEx

I prepared the request for admissions and the request for production of documents and served their attorney but i did not hear back from them and now i'm trying to prepare for trial. Trial is set for 8/13/19.  

Judges instruction for trial-------->

 

 

Department S-17’s Trial Setting Orders

Judges Michael M. Dest and Barry L. Plotkin

 

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Bench Trial Orders:

Each side is ordered to file with the court and exchange with opposing parties, the following documents: 1. Trial Brief, 2. Witness List, 3. Exhibit List that is properly page numbered, tabbed and indexed pursuant to California Rules of Court ten (10) days prior to trial. Any Code of Civil Procedure 98 declaration must be served at least thirty (30) days prior to trial and in compliance with that statute. A violation of this order may result in monetary sanctions, exclusions of evidence, and/or witnesses.

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Mandatory Settlement Conference (MSC) Order:

Pursuant to California Rule of Court 3.1380 and Local Rule of COurt 611, all trial counsel, all parties and adjusters are ordered to appear, (no telephonic appearance permitted, including adjustor). No less than five (5) days prior to the Settlement Conference, MSC briefs must be filed and served on opposing parties that include all four (4) elements enumerated in CRC 3.1380, including, but not limited to settlement discussions. A violation of this order may result in monetary sanctions, exclusions of evidence, and/or witnesses.

 

Trial Readiness Conference (TRC) order:

At the trial readiness conference, all trial counsel and parties are ordered to appear. It is further ordered that no less than three (3) court days prior to the TRC, the parties shall file in this Department (not the clerk’s office): 1) Any opposition to the Motions in Limine, 2) Proposed CACI-approved jury instructions in 14-point font customized to the case (a numerical list of proposed instructions is not acceptable), 3) Proposed verdict forms, 4) Witness and Exhibit lists, 5) Any proposed voir dire questions and/or questionnaires, and 6) A short statement of the case to be read to the jury, if applicable. Documents should be jointly submitted. However, all Motions in LImine shall be in writing and filed with this department and with service completed at least eight (8) days prior to the conference. A violation of this order may result in monetary sanctions, exclusions of evidence, and/or witnesses.

 

[jcman 1]

any help here

[BV80 2,661]

21 minutes ago, jcman said:

any help here

Have you reviewed CCP 96 & 98?

[jcman 1]

neither one as of now.

[jcman 1]

Any help an preparing for trial?

[RyanEX 879]

There is still window of a few days that you might receive a CCP 98 declaration. If plaintiff intends to use one, the code says it must be served (placed in the mail) at least 30 days before trial. Keep an eye out for that in your mail this week, may show up in your online case file too. If it comes in, you'll want to subpoena that person once you're within 20 days of trial. In the meantime you can start working on a Trial Brief & an Objection to their evidence.

[jcman 1]

Thank you @RyanEx N

Nothingfrom the plaintiff. Trial Brief and objections at trial?

[RyanEX 879]

On 7/22/2019 at 1:08 PM, jcman said:

Thank you @RyanEx N

Nothingfrom the plaintiff. Trial Brief and objections at trial?

Do a search on the site, there are Briefs & Objections that CA defendants have used that are available for you to grab and edit to fit your case. Look for more recent threads since those briefs should cite more recent case law.. I can help you with the search, but work is going to have me busy for a bit before I can.

[jcman 1]

Still nothing from plaintiff. Are the 10 days calendar days or court days?

[jcman 1]

"REQUIREMENTS OF TRIAL" HANDED TO ALL PARTIES

BENCH TRIAL ORDER: EACH SIDE IS ORDERED TO FILE WITH THE COURT AND

EXCHANGE WITH OPPOSING PARTIES, THE FOLLOWING DOCUMENTS: 1) TRIAL BRIEF, 2) WITNESS LIST, 3)

EXHIBIT LIST THAT IS PROPERLY PAGE NUMBERED, TABBED AND INDEXED PURSUANT TO CALIFORNIA RULES

OF COURT 3.1110(C) AND (F). THE DOCUMENTS NEED TO BE EXCHANGED AND FILED WITH THE COURT TEN

(10) DAYS PRIOR TO TRIAL. ANY CODE OF CIVIL PROCEDURE 98 DECLARATION MUST BE SERVED AT LEAST

THIRTY (30) DAYS PRIOR TO TRIAL AND IN COMPLIANCE WITH THAT STATUTE. A VIOLATION OF THIS ORDER MAY

RESULT IN MONETARY SANCTIONS, EXCLUSION OF EVIDENCE, AND/OR WITNESSES.

[jcman 1]

 

@RyanEX, @sadinca, @calawyer

Any ideas as to what might be good strategy? Do you know if the 10 day requirement for the trial brief, is it 10 calendar or court days?

[RyanEX 879]

23 hours ago, jcman said:

 

 

@RyanEX, @sadinca, @calawyer

Any ideas as to what might be good strategy? Do you know if the 10 day requirement for the trial brief, is it 10 calendar or court days?

I've known it to be court days, but it may vary from county to county. Even if it's too late, it's still worth filing and, importantly, serving upon the plaintiff. It lets them know you understand how to attack their case in court and that you'll be coming prepared.

[jcman 1]

RyanEX. Thank you. The plaintiff did not serve me with a copy of their trial brief if it was 10 court days or 10 calendar days. What do you think that means? Also no CCP 98 as stated in the previous post.

[jcman 1]

What would be the best way to object to the docs they've sent to me so far via BOP, attached with the complaint, and via verification of debt (not requested)?

I did not make CCP 96. I missed that deadline.

I did receive a letter stating "Notice to Attend Trial" CCP 1987(b).

Should i bring up those items in a trial brief or objection filing or prep for it but wait until they potentially try to introduce it at trial?

Any help would be greatly appreciated as i cannot afford to loose this trial.

[jcman 1]

@calawyer

@sadinca

@RyanEX

Anyone's feedback here would be greatly appreciated.

[jcman 1]

bump

[RyanEX 879]

On 8/4/2019 at 12:16 PM, jcman said:

What would be the best way to object to the docs they've sent to me so far via BOP, attached with the complaint, and via verification of debt (not requested)?

I did not make CCP 96. I missed that deadline.

I did receive a letter stating "Notice to Attend Trial" CCP 1987(b).

Should i bring up those items in a trial brief or objection filing or prep for it but wait until they potentially try to introduce it at trial?

Any help would be greatly appreciated as i cannot afford to loose this trial.

Anyone have thoughts on this?  I'm not sure how specific jcman should be in their Trial Brief regarding the items Cavalry has sent via discovery. Go ahead and call the items out by name? Or keep in general terms?

[jcman 1]

Hi Again,

Case was dismissed without prejudice today 1 day prior to trial. Thank again for all your help. 

I hope they don't try this again as the last payment was May 2015 and now the SOL is over?

The SOL clock does not stop when they filed their suit right?

thankful and appreciative to all that helped.

[BV80 2,661]

Just now, jcman said:

Hi Again,

Case was dismissed without prejudice today 1 day prior to trial. Thank again for all your help. 

I hope they don't try this again as the last payment was May 2015 and now the SOL is over?

The SOL clock does not stop when they filed their suit right?

thankful and appreciative to all that helped.

Yes, the SOL clock stopped when they filed suit.  However, since they dismissed, it should be as though they never filed in the first place.

BUT, you need to make sure your state doesn’t have a “saving statute”.  Even though the debt is now outside the SOL a saving statute would allow them to refile within a certain amount of time. 

[navy joy 5]

@RyanEX Hi! if I could pick your brain on your last thought here before jcman posted it was dismissed.

I am in the same boat. Being sued by Calvary SPV I in CA.  Trial date is Oct. 4, 2019. I've filed BOP, Request for Admissions and answered their discovery. I did not file discovery nor did I get the CCP 96 in time. I have not received a CCP 98. In light of not having filed the CCP 96, can I proceed with MIL? How specific should my trial brief be?

Any help you could provide would be so appreciated! Thank you so much!