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SoStressed

I'm stuck on how to do Interrogatories on this form!

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Slow down. You've got several different threads going with different questions and none seem to have a summary of your case. If you stick to one thread, it'll be easier for us to follow/help you out.

What has happened in your case so far?

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Hope I didn't scare you off SoStressed. please let us know what has happened in your case so far so we can help.

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 No I'm here... I needed to step away for a minute or two...

Trying to figure out how to join my threads..

So far in my case- 

Being sued my JDB for account stated and open book account.

I responded with a generial denial and affirmative responses.

I've requested BOP twice now- both times lawyer stated not appropriate in account stated.  - I'm unclear if account stated supercedes their open book account claim.  

They gave me a copy of assignment that does not link the alleged account i'm being sued on with the assignment, it was notarized in an unclear manner with an attorney affidaviet affirming the notaries signature not the assignment.  12 months worth of credit card statements from closing of account forward- nothing from beginning of the  opening of the account that shows what purchases or charges were made and to whom.  A generic Contract with no signature and no info linking it to the alleged accounts they are sueing on.  

I'm getting ready to send out discovery and send out a meet and confer for the second incomplete BOP.  I'm wondering if I can Motion to Dismiss case or something since the assignment doesnt show valid assignment to account i'm being sued on..

Case Management Confrence coming up soon within a few weeks.- Not sure what to expect..

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BOPs aren't appropriate for Account Stated cases. But there's no rule that you can't ask, and it makes them work. So that's fine, you don't need to meet & confer over it :)

Pretty standard documents that they sent you. You'll have a chance to attack those items later, closer to trial.

What do you intend to ask for in discovery? You can if you want, but most people don't - the thought being: why ask them to look for evidence that is only useful in helping them with their case? Your aim is simply to disqualify what they intend to use as evidence, via the CA evidence rules. The less they come up with, the less you need to address.

Case management conferences (CMC) are pretty simple.; usually they last 5 minutes or so. Judge just wants to make sure things are going okay (no discovery problems, etc), then potentially set a trial date if both parties intend to go all the way to trial. Judge may ask you if that's what you want. Know what dates over the next 6 months or year that you cannot attend trial, so that the judge doesn't schedule on those days.

Case management conferences are NOT the time to argue your case, only to discuss the issues above.

There is a case management statement (here: CM-110) that you need to fill out, file & serve to plaintiff ahead of the CMC. It's not a big deal and I think most judges don't even read them, but good to complete anyway.

Dress professionally to the CMC - that always impresses the judges.

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