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Trial in California- @Homelessincalifornia "War Plan" Meet and Confer


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HI- I have my trial coming up soon and researching through all the great info on this forum.

I have a question about the "War Plan"  @HomelessInCalifornia states for  2) to send a meet and confer after I request BOP.

I sent out my BOP twice, and they did send print out of statements of monthly amount due- but not including original purchase or why charges are due. (Do they need to show original transaction in California?)

They sent a Bill of sale that does not specify my specific account info, the notary has no stamp and another letter from a lawyer authenticating the notary.

They sent a generic credit card terms.

Question- since they sent that out to me- Do I still send out the Meet and Confer?  I have trial in early April.

(From @HomelessInCalifornia thread  2) Meet & Confer Letter - After they fail on the BOP, send a M&C granting extension of time to respond.  The court wants to see this attempt prior to any Motion to Compel.  Plaintiff will respond with a form letter that is unresponsive.

3) Plaintiff will fail to produce the forwarding agreement (the document from the OC to the JDB which tells the JDB that they don't guarantee the accuracy of anything).  I do not think I requested this- should I still request the Frowarding Agreement?  If so, do I call it that?

My first BOP

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant ------, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for money lent or paid of Plaintiff’s Complaint is based to include:

 

  1. Agreement and/or contract of the relevant account.
  2. Proof the Plaintiff owns the account.
  3. List of items for which payment is being sought.
  4. List of dates associated with each item, transaction or service.
  5. List of charges per item, transaction or service.
  6. All payments or credits that have been made to the account
  7. Means by which the plaintiff determined amount owed and for what.
  8. And the contract assigning the account to the Plaintiff and Plaintiff’s attorney.

 

You are further required to provide any agreement between Defendant and the Creditor that has created any account concerning which your lawsuit is based.

 

I didn't know about @ASTMedic RFP at the time I did mine-

DEMAND FOR PRODUCTION OF DOCUMENTS

 

 

  1. Please provide the document(s) that proves Synchrony Bank sent the Defendant a notification of assignment of the account or assignment of rights.
  2. Please attach any and all notices sent to Defendant by Plaintiff in regards to this account demanding payment.
  3. Please attach a complete and accurate history of the interest charged on this alleged account with Plaintiff.  Show the exact dates those interest rates changed and list the various rates that were charged during this debt and the exact method of amortization.
  4. Please attach any and all notices sent to Defendant by Plaintiff announcing changes of interest, fees or penalties and/or the terms of this alleged debt.
  5. Identify each Credit Reporting Agency (credit bureau) to which the Plaintiff reported Defendant’s alleged debt and the dates of each such report.
  6. Please provide the original dunning letter that was sent to the Defendant.
  7. Please attach any and all notices sent to Defendant by Plaintiff in regards to the alleged account announcing transfer and/or assignment of credit card account from Plaintiff to any collection agency or collection attorney

 

 

Do I file a Meet and Confer, and then  a MTC even though they gave me generic documents?  

I wasn't sure I wanted them to know there Bill of Sale wasn't sufficient.  

Any help or thoughts are greatly appreciated.  @Seadragon, @calawyer, @ASTMedic

 

 

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