Legal Question in Credit and Debt Law in California

I am being sued by a junk debt buyer (Limited Civil less than 25k) over a credit card that was fraudulently opened in my name. I have filed and served my answer, and completed discovery. I looked on the courts website and saw that they have filed a Declaration in Lieu of Testimony. I served them with a CCP 96 Request for Statement of Witnesses and Evidence.

I received their response back today and the Declaration in Lieu of Testimony is not listed, nor is that person listed as a witness. I had planned on serving that individual with a Subpoena for Personal Appearance but now wonder if I should do this. Since that person is not listed as a witness nor is his Declaration in Lieu listed as evidence, should I just object when they try to enter it into the record?

Trial is in 24 days. Thanks in advance for your assistance.


Asked on 9/17/14, 7:14 pm

1 Answer from Attorneys
R. Grace Rodriguez Law Offices of R. Grace Rodriguez

Yes and file a Motion in Limine to exclude evidence not produced pursuant to the CCP 96 Request. ANd if they don't produce their witness who has the business records and account for them, then they could have a problem proving their case.

Good luck!

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Answered on 11/15/14, 7:49 am


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