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My Meet and Confer with Defendant (financial institution: foreclosure fraud case) is next week; how do I proceed with discovery?

San Francisco, CA |

Defendant is being sued for fraud, negligence, and misrepresentation during loan modification process. My home was foreclosed after several modification attempts; I made all payments, and discovered by accident that bank purposely *never considered me for a mod*, even though they put me through several mods!

My question: I want to make 1) eDiscovery Requests for Production of all voice recordings; 2) names of customer service personnel; 3) customer service screen shots; 4) all relevant documents and emails; 4) possible depositions; 5) Interrogatories; and, 6) Requests for Admission that are relevant to my allegations.

How much detail do I need to provide during the Meet and Confer? How much detail is necessary in follow up CMC form? Are motions necessary if Defendant agrees to discover

Attorney Answers 2


  1. Best answer

    For starters, this is advanced litigation so you should really have a lawyer helping.

    As far as the discovery requests, you can submit fairly basic requests to the defendant requesting all of these items. I'm not sure what you mean by meet & confer meeting. The court would set a case management conference and you're supposed to have a brief conversation with the other side prior to filing your CMC statement but you do not need to provide much detail. Just state to them that you intend on propounding discovery and that you would like dates of availability to depose the person most knowledgeable from the defendant (PMK) as to these issues. Once you get those dates, send a deposition subpoena.

    If the defendant does not respond to you discovery requests, you can set a motion to compel their responses and seek sanctions. Again though, this is complex litigation steps so you should seek counsel to assist.


  2. Your question mixes two different processes. The discovery process, and the Case Management Conference process.

    As to the CMC process, you are to meet and confer with opposing counsel before submitting a CMC statement.

    California Rule of Court 3.724 lays out all of the issues you are supposed to discuss in this meet and confer. Find it here: http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_724

    After your meet and confer you fill out the judicial form CM-110, Case Management Statement. This is one: http://www.courts.ca.gov/documents/cm110.pdf

    Do not forget that you will waive your right to a jury trial if you fail to deposit jury fees before the CMC.

    As to the discovery you want, you have several methods of discovery available to you. It would take way too long to give you a primer on them. I suggest you get to a public law library and look at the Rutter Group's Civil Procedure Before Trial book. It provides a great outline of how to engage the various devices with good practice tips.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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