SoCal Somewhere

Sued by Cavalry SPV via Winn Law Group

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Alrighty-

Next up for me is Cavalry SPV via Winn Law Group: Alleged amount $XXXX 

Complaint answered.

I received a canned and highly convoluted set: Request for Admissions, Form Interrogatories and Special Interrogatories. I found a very helpful thread up here from a year or two ago that used the EXACT same content. So, I borrowed from that thread and sent along my responses. My plan is next to send them my own Discovery/ Request for Documents.

Stay tuned.

 

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I had some movement on this case with a Case Management Conference.

During COVID, things are being done by telephone/video via Microsoft Teams (No Fees) or Court Call ($$$). To a defendant, this feels like a disadvantage. I'd much rather be in person. I called in at the designated time  using Microsoft Teams and I was put on hold for over an hour. While on hold, I called the court clerk several times, left messages-no response. My designated court time came and went. The court simply moved ahead without my presence and a trial date was established without my input. As you can imagine, I was pretty ticked off. 

Trial date soon. I put together what seemed like a bare bones discovery package of Request for Documents and Admissions and sent it off to the plaintiff/attorney.

In the meantime, I offered the plaintiff/attorney settlement. They seemed interested.

I've also called the court to ask them if I could appear in person, explaining the previous problem I had with their remote services. No dice. Everything must be done remotely because of COVID. 

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On 2/15/2019 at 9:00 PM, SoCal Somewhere said:

Alrighty-

Next up for me is Cavalry SPV via Winn Law Group: Alleged amount $2000-ish • Case age 420 days • Summons answered back in Feb 2018.

In January, this year, I received a canned and highly convoluted set: Request for Admissions, Form Interrogatories and Special Interrogatories. I found a very helpful thread up here from a year or two ago that used the EXACT same content. So, I borrowed from that thread and sent along my responses. My plan is next to send them my own Discovery/ Request for Documents.

Stay tuned.

 

Sounds good. These JDBs (specific to each firm) use the same discovery requests over and over and over. Cut/pasting from previous threads (filling in your own details) is sufficient. Well done. Has your trial date been set?

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Trial date soon. I know I'm woefully underprepared. I just sent my discovery out back in early December. Received their answers back today. Standard stuff- canned denials. Their "exhibits" don't show anything different than what was included in their original complaint. Just account summaries. Pretty much what I expected.

Trial is scheduled to be tele conferenced. I'm also weary of that because I was left out of a CMC because nobody thought to come and bring me into the meeting. Waited on the line for over an hour. I'd hate for that to happen for my trial and be mistaken as a "no show". I've called the court clerk to make sure they know that I will in fact be there for my trial.

Thanks for checking in on my thread!

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On 1/20/2021 at 10:29 PM, SoCal Somewhere said:

No, unfortunately, I have not. Whaddya think? Time is the issue for me here. Is there such a thing as asking for a continuance this late in the game? On one day’s notice? To buy more time? 😕

Thanks!

I don't know re: a continuance, not an issue I've seen brought up for one of us, though JDBs have done so. Did they send you a CCP 98 declaration/affidavit? You can subpoena that person right up until trial IIRC, that would be key.

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I ended up going the settlement route. Decent/workable terms. Also, because all this stuff is being done remotely,  cannot risk a default judgement due to technology mishaps. (Bandwidth, wrong platforms, wrong numbers, etc. It happened to me prior, on a hearing.)

Thanks for your input. Everyone up here has been nothing but helpful.

Best of luck to everyone.

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