Civil procedure with regards to CMS, CMC
ca. san bernadino
To give you a little history of this case...This is a law suit filed against me by amex for a 12,000 dollar credit card dept that does not belong to me. I asnwered the summons and appeared in court for the CMC on 7/18. The plntffs atty never sent me a copy of the CMS.which i was suppose to receive 15 days prior to the CMC. The plaintiff asked and was granted a cont. till the 18th of sept. stating the reason i never received my copy of CMS was due to a wrong address issue and that the CMS was actually returned undeliverable. On the 18th of sept the plaintiff was a NO SHOW for the CMC. Court ordered OSC for DISMISSAL on the 25th of oct.
In the meantime..on the advice of an attorney i have prepared a Demand for Bill of Particulars which i have not sent. Today I receive via proof of service by mail 4 items. 1. A copy of a declaration from the plaintiff to the court requesting a discharge of the OSC without sanction because of a "calendaring error". 2. The plaintiffs CMS which states the the next CMC is on the 25th of Oct which is the same day,time and place of the OSC. 3. Plaintiffs Request for Admissions. 4.Form Interrogatories. -: MY QUESTIONS ARE 1. With regards to my responce to the plaintiffs declaration... I know for a fact that the plaintiffs knew about the sept 18th CMC because I saw them getting out of the elevator rapidly heading to the court room from which I was exiting..and I have a witness to that was with me who saw them as well... and in the declaration the atty states that the plaintiff was "currently filing our CMS"..If the plaintiff is just now filing the CMS(THE DOCUMENT I RECEIVED TODAY) ...then what was the document returned to the attys office "undeliverable" back in the early part of july..before the 1st CMC on 7/18...that they claim was the CMS. Also, the CMS states that the next CMC is sched. for oct 25th the same day of the OSC hearing. Does this mean that the courtb has already granted the palintiffs declaration requesting a discharge of the OSC?
ca. san bernadino
To give you a little history of this case...This is a law suit filed against me by amex for a 12,000 dollar credit card dept that does not belong to me. I asnwered the summons and appeared in court for the CMC on 7/18. The plntffs atty never sent me a copy of the CMS.which i was suppose to receive 15 days prior to the CMC. The plaintiff asked and was granted a cont. till the 18th of sept. stating the reason i never received my copy of CMS was due to a wrong address issue and that the CMS was actually returned undeliverable. On the 18th of sept the plaintiff was a NO SHOW for the CMC. Court ordered OSC for DISMISSAL on the 25th of oct.
In the meantime..on the advice of an attorney i have prepared a Demand for Bill of Particulars which i have not sent. Today I receive via proof of service by mail 4 items. 1. A copy of a declaration from the plaintiff to the court requesting a discharge of the OSC without sanction because of a "calendaring error". 2. The plaintiffs CMS which states the the next CMC is on the 25th of Oct which is the same day,time and place of the OSC. 3. Plaintiffs Request for Admissions. 4.Form Interrogatories. -: MY QUESTIONS ARE 1. With regards to my responce to the plaintiffs declaration... I know for a fact that the plaintiffs knew about the sept 18th CMC because I saw them getting out of the elevator rapidly heading to the court room from which I was exiting..and I have a witness to that was with me who saw them as well... and in the declaration the atty states that the plaintiff was "currently filing our CMS"..If the plaintiff is just now filing the CMS(THE DOCUMENT I RECEIVED TODAY) ...then what was the document returned to the attys office "undeliverable" back in the early part of july..before the 1st CMC on 7/18...that they claim was the CMS. Also, the CMS states that the next CMC is sched. for oct 25th the same day of the OSC hearing. Does this mean that the courtb has already granted the palintiffs declaration requesting a discharge of the OSC?
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