Girl0101

Approaching trial in California

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Hi everyone,

My trial in approaching in 2 months and I would really appreciate your help to get through this process. A debt buyer bought my debt from Citibank balance of about $7,XXX . I sent a Request for Documents before but I did not send a Motion to Compel. They provided the last 6 months of statements( not from the beginning), an printed Agreement with no signature, an affidavit of a Citibank employee, 2 bill of sale without my account number but they attached my account number on a separate sheet of paper, also provided 2 names with same address that said to have knowledge of the books, records and files. I’m not sure where to go from here. I believe the next step is to prepare my trial brief and send out the CCP96 soon? I’m in California so the Supreme Court recently said that subpoenas need to be serve at the witness address, not the attorney office. So is it advisable to file CCP98 and Subpoena the witness? Then I think I need to work on my Objection for the affidavit? Or do some people just go to trial and defend themselves in court without subpoenas? If there is any example of trial briefs or objection that I can use as a guide it would be very helpful. Please guide me through this time. Thank you

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25 minutes ago, Girl0101 said:

They provided the last 6 months of statements( not from the beginning)

The last 6 months are sufficient.  You only have 6 months to identify a charge as fraudulent and dispute the amount.  Once that lapses the amount/charges are valid and permanent.  The last 6 months of statements would be more than enough to show usage of the account and payments made indicating financial responsibility for the account.

27 minutes ago, Girl0101 said:

an printed Agreement with no signature,

The court is not expecting a signed card agreement.  They all know that no one is asked to sign this.  Accepting/using the card and making payments re-affirms the contract monthly and that you consent to that agreement.

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4 hours ago, Clydesmom said:

The last 6 months are sufficient.  You only have 6 months to identify a charge as fraudulent and dispute the amount.  Once that lapses the amount/charges are valid and permanent.  The last 6 months of statements would be more than enough to show usage of the account and payments made indicating financial responsibility for the account.

The court is not expecting a signed card agreement.  They all know that no one is asked to sign this.  Accepting/using the card and making payments re-affirms the contract monthly and that you consent to that agreement.

Thank you for your explanation. The statements includes very little usage and payments, mostly just interest charges and some charges I don't recognize or recall. So there is no way for me be sure that the amount is correct. So how would you go about defending yourself in court. Given what they have, the most important thing is to make them prove that they own the debt and witness? 

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Afternoon @Girl0101,

Wondering how your case is going and if you were able to send out your DISC-015 (CCP 96) request on time.  I know it's crunch time and you must be feeling it.  Just wanted to offer some support.

Also, what are the Causes of Action in your complaint?

Here is a thread from @calawyer (one of our most trusted members) with the latest CCP 98 ruling from the Supreme Court of California.  I also wrote down a small breakdown of the ruling for anyone to better understand/follow.  Perhaps it will help.  Here is he link:

Wishing you the best on your upcoming trial (and WIN!)

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8 hours ago, LoveIsPower said:

Also, what are the Causes of Action in your complaint?

@LoveIsPower

Hi thank you for asking. The Causes of Action are Breach of Contract, Open Book and Money lent. 

In the complaint, they mentioned “account stated “ in Open Book and Money Lent. Should I also include the account stated argument in my trial brief as well?

I’m going to send out ccp96 in a couple days. 35 days before trial. Should I overnight it to Plaintiff? Or CMRRR?

Thanks for letting me know about the ccp 98 Decision. I think it would help a lot. Thank you :)

 

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14 hours ago, Girl0101 said:

In the complaint, they mentioned “account stated “ in Open Book and Money Lent. Should I also include the account stated argument in my trial brief as well?

You should definitely address ALL Causes of Action in your trial brief.  No stone unturned.

14 hours ago, Girl0101 said:

I’m going to send out ccp96 in a couple days. 35 days before trial. Should I overnight it to Plaintiff? Or CMRRR?

Perfect!  As far as the method ... of primary importance is that you're not late with your request.

The rest is strategy.  Remember, when you "serve by mail" you have to add 5 extra days to the 20 days they have to return the docs (if the address is in California.  If it's outside California, you add 10 days).  The more time they have to send it to you, the less time you have to prepare you MIL, trial brief, etc.  (**Although you should be doing as much as you possibly can about that right now -- before you get the docs/witness list.**)

If you send it overnight, then you only add 2 days to the 20 they have to return the docs.  And it's more expensive.

But, again, strategy.  Some like to wait 'til the end of the deadline and then mail the request -- pushing the plaintiff to scramble (while you pre-prepare everything before the docs get to you).  Some don't like that -- they prefer to have plenty of time to get the docs, prep their documents, file, etc, etc.

Up to you.

Again, the important thing is to really count the days and make sure YOU are not late.

 

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UPDATE: Plaintiff Dismissed the case the day after they received my mail. I sent them a Meet& Confer letter and attached an objection to witness called in violation of CCP96.

They did not name any witness. Instead they put ‘ person most knowledgable’ which violated ccp96

Without any witness, they cannot authenticate any documents.

Thank you for all of your help!! Im truly grateful!

 

 

 

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7 hours ago, Girl0101 said:

UPDATE: Plaintiff Dismissed the case the day after they received my mail. I sent them a Meet& Confer letter and attached an objection to witness called in violation of CCP96.

They did not name any witness. Instead they put ‘ person most knowledgable’ which violated ccp96

Without any witness, they cannot authenticate any documents.

Thank you for all of your help!! Im truly grateful!

 

 

 

Again, CONGRATULATIONS, @Girl0101!!!!!! 🥳

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