slamber84

Sued by Midland California

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I was sued by Midland in California back in July 2018.  We are currently in the discovery phase where I have received a response stating they do not have to comply with the demand for production because the complaint is based on an account stated cause of action.  My concern right now is that there has not been a case management conference scheduled....this seems odd to me because in a previous JDB lawsuit, case management conference was scheduled right after general denial was filed.  I think I may have filed my general denial around 33 days after service of complaint which I know is a little late.....but do they have a default judgement request up their sleeves based on a slightly late response?  Ugh.  I'm working on a meet and confer for the incomplete demand but am worried what they might be planning on the back end.  I am sure they don't have a valid chain of assignment/custody. 

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It doesn't matter if they have a valid one or not if you don't defend yourself. They will win.

Late filings you do run a risk of losing by default. Although in my experience lawyers can be late, and we can't lol.

My Advice since  you are already 6 or more months in to this is to read the thread pinned at the top of this forum by ASTMedic on How I beat Midland in Califronia.  Then do a search and find a couple of other threads, 1 by "HomelessinCA" and I think "SadinCA" won his case, plus he is still active and can help. Then come back and we can formulate a strategy.

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Welcome.

 

Are they really saying they don't have to respond to a demand for production?  There is a California case that suggests they may not have to respond to a Bill of Particulars in an action on an account.  But I have not seen that argument before with a demand for production.  Did they cite a case?

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