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This is a foreclosure fraud case: The bank is asking for more "specificity" and a "protective order" before releasing documents.

Castro Valley, CA |

I send a long Production of Documents list - including a request for all telephonic recordings that relate to my loan - (this is key evidence, because the voice recordings will contradict what the bank's written documents say - I have their "loan file" docs).

The bank's attorney claims that I must request those calls with "appropriate specificity". How can I be more specific than asking for "recordings of all phone calls that relate to my loan"?

Also, what does the bank's requested "protective order" imply? The bank claims that the recordings are "confidential and private", and will be produced only if I sign a protective order. What does that mean? How carefully should I scrutinize the protective order?

Last question: My trial is in March of 2014; when is last day to enter evidence?

Attorney Answers 3

  1. A demand for production of documents must describe the documents sought with reasonable particularity so that the responding party knows what to look for and what to produce. Otherwise, you will likely get objections such as the demand is vague, ambiguous, overbroad and fails to specifically describe the items sought with reasonable particularity in violation of section 2031.030 (c)(1) of the Code of Civil Procedure.

    It is unfortunately not possible to advise you regarding your specific situation without having reviewed your actual document production demand.

    A protective order can be use to limit the scope of discovery. The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. Often times, the parties stipulate to a protective order.

    It's not possible to advise you whether or not you should sign a particular stipulated protective order without having reviewed it and without knowing the nature of the foreclosure fraud dispute being litigated.

    All discovery must be completed 30 days prior to the initial trial date. This means you typically must serve (if serving by mail) your discovery requests 65 days prior to the trial date.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  2. You might be able to clarify what you mean by "relate to." Do you mean just conversations between you and the Bank? Is there a relevant timeframe? Is there a specific loan number? Or are you looking for something broader than this as well?

    Without reading the draft protective order, it is impossible to provide any advice. Protective orders, however, are not unusual.

    Evidence is entered at trial. I'm not sure what you mean by the "last day to enter evidence."

  3. generally evidence is obtained prior to 30 days before the initial date for trial. Expert discovery depositions frequently occur w/in the 30 days before trial. Evidence is not entered, until the actual trial and the rules of evidence must be filed to get evidence introduced.

    If you have the dates of the phone calls, that should be specific enough. If you can add any other detail like names of the agents, which dept they were in, what phone number you had called, that would help.
    The burden is on them to establish the need for a protective order. depending upon their reasons, it may or may not be reasonable to enter one. Also the terms of the order must be carefully looked at. there can be tricky points to them.
    You may need to file a motion to compel, so the more detail you give them to meet their objections the more reasonable you will look and less reasonable they look to the judge.
    You may need to buy some hourl y advice from local atty who does this kind of work for help on motion and protective order review.

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