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Did I just sink myself?

navy joy

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Hi all,

Calvary SPV I via Winn Law is suing me for $1400. After a year and a half, they requested the court to set a trial date of October 4, 2019 in California. Today is September 8, 2019 and I haven't sent my CCP 96. Have I just ruined my chances?  Please help! Is there any recourse that I can take? Thank you!

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With no CCP 96 filed, does that mean I can't submit a MIL? Do they not, then, have to send a CCP 98? I'm researching these two things and can't find answers. Must the Plaintiff send a CCP 98 regardless or is it triggered when a CCP 96 is sent? 

Do I have no standing in filing MIL or objections since  I don't know what they plan to use at trial?

Lastly, my trial brief will be limited, I'm assuming, because of lack of CCP 96 filing? Any thoughts on what my objections would then be? I know I can still go with standing, as in the plaintiff doesn't have standing as I didn't enter an agreement with them and they haven't sufficiently proven that I have. 

I would be grateful for any input someone could provide! 


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Hi @navy joy -- before I mention something ... just letting you know that I replied to you on the CCP 98 thread.  Here is the link:

Now ... did you send a demand for Bill of Particulars and receive an answer?  Did you send out formal discovery requests and receive answers?

You can base your MIL on the answers/documents you received from these.

On 9/9/2019 at 11:17 AM, navy joy said:

Must the Plaintiff send a CCP 98 regardless or is it triggered when a CCP 96 is sent? 

If I am not mistaken, the CCP 98 "affidavit in lieu of live testimony" is not "triggered" by a CCP 96 request.  They have to serve you this affidavit 30 days before trial regardless.

Other more experienced Cali folks can chime in on this.  @RyanEX?

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You're not sunk. CCP 96 requests are an important weapon & not taking advantage of it makes your job harder, but you can still employ all the other tools (trial brief, MIL/Objection, subpoena the CCP 98 witness, etc). Another member made the same mistake recently & won their case (via dismissal prior to trial): https://www.creditinfocenter.com/community/topic/330259-calvary-spv-i-in-california-help/page/2/#comments. Try PMing @jcman and see how they handled it.

Not utilizing CCP 96 means that you won't have a specific evidence and witness list ahead of time, which would have made writing up your trial brief and MIL/objection much easier. Now you'll have to be a bit more general when you write those up. The good thing is that all these JDBs tend to use the same documents (bills of sale, account statements, affidavits, etc) so you will have some idea of what to address. Start with any items they have sent you.

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