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California JDB trial coming up - Received odd CCP96 response...how to proceed?


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Hello! So glad to have found this site...Here are a few details of my case Suit filed on behalf of Cavalry SPV I LLC , sub service 7/18; Acct stated and Money Lent. 1 Citibank billing statement (7/2017) attached to complaint.

 General Denial filed, responded to discovery requests(admissions, rogs, special rogs ) w/ objections, only statements attached as exhibits (2016-2017) I did not send discovery request, sent CCP96,  response was insufficient (and slightly odd).   "Plaintiff hereby respectfully submits its Trial Witnesses as follows:

  • 1. "Person Most Knowledgeable" for Cavalry SPV I LLC (no name/address provided)
  • 2. "Plaintiff intends on calling the named Defendants for testimony." However,  plaintiff and defendant listed on the document are incorrect; it appears they are parties to a completely different case. Plaintiff listed as Midland Funding LLC and Defendant listed an unrelated female) Case number listed on the document is correct

 Their Trial Evidence: 

1. Billing statements dated September 28, 2016-September 28, 2017"; same statements as before .   

  • POS dated 6/17/21 but mailing post-marked 6/21(Four days later) not sure this is important,  the Legal Secretary checked off the (BY MAIL) box which states: "I am readily familiar with the firm's practice for collection and processing of correspondence for mailing with the USPS.   Said correspondence will be deposited with the USPS on this same day in the ordinary course of business.  I am aware that upon motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after that for mailing as declared herein."
  • No CCP 98 received or filed as of today;
  • No CMC/Trial Readiness etc appear scheduled. Regularly check Case Access via the court website; unless I'm looking in the wrong place, P has not filed anything since last year; no direct communication between parties
  •  M&C letter addressing deficient CCP96 response will be faxed and mailed to P in the morning. Objections/motion to exclude evidence and Trial Brief will be filed with the court and served tomorrow (5 court days prior to hearing) 

I'm hoping I've done everything correctly up to this point and am extremely appreciative of the information everyone has shared, this forum has helped me stay sane throughout this process.  In preparation for the upcoming hearing, any feedback, suggestions or advice would be greatly appreciated...Thank You!!

 

Edited by Socalhelp
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  • Socalhelp changed the title to JDB trial coming up - Received odd CCP96 response...how to proceed?
  • Socalhelp changed the title to California JDB trial coming up - Received odd CCP96 response...how to proceed?
  • 2 weeks later...

@Socalhelp now that the la law library is back open i suggest you head down and look for the the book 'collections lawsuit' by the NCLC organization. 

You can preview/read some of it here:

https://library.nclc.org/ca

It should give you some ammo and confidence you may need to attack the evidence they present.

Also, i believe the LA law library also offers a free service to scan up to 25 pages from a book. You could use the book toc and have them send just those pages to you so as to save you the trip. https://library.nclc.org/sites/default/files/Collection-2020-5ed-00-toc.pdf

 

The book has an excellent footnotes with cases to back up just about any point you want to make on your arguements. 

ALSO, anything by CEB is excellent. You can get FULL access to their library (everything. its awesome) for 14 days for FREE.

https://research.ceb.com/register/

This will give you more than enough to know what directions to research. 

When you get out of the rabbit hole, there will be one phrase on your mind

SHOW ME THE MONEY EVIDENCE! 

 

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On 7/6/2021 at 9:03 PM, Socalhelp said:

Hello! So glad to have found this site...Here are a few details of my case Suit filed on behalf of Cavalry SPV I LLC , sub service 7/18; Acct stated and Money Lent. 1 Citibank billing statement (7/2017) attached to complaint.

 General Denial filed, responded to discovery requests(admissions, rogs, special rogs ) w/ objections, only statements attached as exhibits (2016-2017) I did not send discovery request, sent CCP96,  response was insufficient (and slightly odd).   "Plaintiff hereby respectfully submits its Trial Witnesses as follows:

  • 1. "Person Most Knowledgeable" for Cavalry SPV I LLC (no name/address provided)
  • 2. "Plaintiff intends on calling the named Defendants for testimony." However,  plaintiff and defendant listed on the document are incorrect; it appears they are parties to a completely different case. Plaintiff listed as Midland Funding LLC and Defendant listed an unrelated female) Case number listed on the document is correct

 Their Trial Evidence: 

1. Billing statements dated September 28, 2016-September 28, 2017"; same statements as before .   

  • POS dated 6/17/21 but mailing post-marked 6/21(Four days later) not sure this is important,  the Legal Secretary checked off the (BY MAIL) box which states: "I am readily familiar with the firm's practice for collection and processing of correspondence for mailing with the USPS.   Said correspondence will be deposited with the USPS on this same day in the ordinary course of business.  I am aware that upon motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after that for mailing as declared herein."
  • No CCP 98 received or filed as of today;
  • No CMC/Trial Readiness etc appear scheduled. Regularly check Case Access via the court website; unless I'm looking in the wrong place, P has not filed anything since last year; no direct communication between parties
  •  M&C letter addressing deficient CCP96 response will be faxed and mailed to P in the morning. Objections/motion to exclude evidence and Trial Brief will be filed with the court and served tomorrow (5 court days prior to hearing) 

I'm hoping I've done everything correctly up to this point and am extremely appreciative of the information everyone has shared, this forum has helped me stay sane throughout this process.  In preparation for the upcoming hearing, any feedback, suggestions or advice would be greatly appreciated...Thank You!!

 

Check out this thread.

https://www.creditinfocenter.com/community/topic/329953-person-most-knowledgable-response-to-ccp-96-in-ca/

Here’s one of the responses:

Dear_[JDB]__

 

Defendant have received Plaintiff's response to the request to identify witnesses and evidence pursuant to CCP section 96.  In response, Plaintiff has stated that it intends to call "The Person Most Knowledgeable for [JDB]".  This response is insufficient under the Code.

As CCP 96 specifically states, a responding party must give " the names and addresses of witnesses (OTHER THAN A PARTY WHO IS AN INDIVIDUAL) you intend to call at trial".  Plaintiff's response does not identify any witness by name much less give an address.  Please be advised that Defendant intends to object to any witness that Plaintiff attempts to call at trial.

Here’s another thread:

https://www.creditinfocenter.com/community/topic/325123-out-of-time-in-california-too-late-to-win-my-case-ccp-96-ccp-98-need-help-immediately-please/page/2/

 

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Another resource for you @Socalhelp is 'litigation by numbers'. https://www.litigationbythenumbers.com/

It deals exclusively with the procedural nuts and bolts of civil litigation in california courts.  

You can find this resource for free at the LA law library as well. (and you can ask them to scan 25  pages from it for free / per day

It is excellent as it summarizes each rule, statute that you need to know along the process. From summons, to answer, to discovery, to trial.

I have read and studied hard all the materials i have posted, and i am WAY WAY more confident and informed. It has leveled the playing field.

Add to this the free appellant  cases you can find online, and you will have an endless fountain of info for every aspect of your defense.

(If only i had a computer brain to memorize it all...)

Lastly, one thing I have noticed is that the so called 'top dog' lawyers all read this same info (CEB) other cases. and copy/paste/modify the boilerplate forms. So following the same pattern and you can 'stand on the shoulders of giants'. I want to know WHY a certain MOTION should be done and HOW and BY WHEN. This is far superior to spending hours and hours googling things (this site or others) as was my original approach. Thats how we all start ... as best we know how right?

With expert knowledge you will quickly learn the rules of the game and the typical offensive and defensive strategies of the battlefield. It just requires hard work, time, and confidence

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