Being Sued by a Debt Collector? In Arbitration?

Being Sued by a Debt Collector? In Arbitration? 7017 Realm Drive San Jose, CA 95119 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE JPMORGAN CHASE BANK, N.A. Plaintiff, vs. JANE DOE, Defendant DEFENDANT'S FIRST DEMAND FOR INSPECTION, COPYING, TESTING, AND SAMPLING OF DOCUMENTS Case No. TO PLAINTIFF JPMORGAN CHASE BANK, N.A., AND ITS ATTORNEYS OF RECORD: Pursuant to California Code of Civil Procedure sections 2031.010 through 2031.320, Defendant demands that Plaintiff produce the following documents for inspection and copying within the time prescribed by law. DEFINITIONS "Document" includes every writing, electronically stored information, photograph, recording, account record, statement, agreement, correspondence, computer record, or other tangible thing within Plaintiff's possession, custody, or control. "Account" means the credit card account that is the subject of this lawsuit. DOCUMENT REQUESTS Request No. 1 Produce the complete credit card agreement governing the Account on the date the Account was opened. DEFENDANT'S FIRST DEMAND FOR INSPECTION, COPYING, TESTING, AND SAMPLING OF DOCUMENTS - 1 Request No. 2 Produce every amendment, change in terms, or revised cardmember agreement applicable to the Account. Request No. 3 Produce all monthly billing statements issued for the Account from the date it was opened through charge-off or closure. Request No. 4 Produce the complete payment history for the Account. Request No. 5 Produce all records showing how the balance alleged in the Complaint was calculated. Request No. 6 Produce all documents identifying every payment, credit, refund, adjustment, chargeback, or reversal applied to the Account. Request No. 7 Produce every document evidencing the alleged default. DEFENDANT'S FIRST DEMAND FOR INSPECTION, COPYING, TESTING, AND SAMPLING OF DOCUMENTS - 2 Request No. 8 Produce every document reflecting any acceleration of the Account balance. Request No. 9 Produce every document supporting Plaintiff's allegation that Defendant owes $512,678.29. Request No. 10 Produce all correspondence sent to Defendant concerning the alleged default. Request No. 11 Produce every notice of default, demand for payment, or notice of acceleration. Request No. 12 Produce all documents identifying every interest rate applied to the Account. Request No. 13 Produce all records showing each interest calculation. Request No. 14 Produce all records showing every fee charged to the Account. DEFENDANT'S FIRST DEMAND FOR INSPECTION, COPYING, TESTING, AND SAMPLING OF DOCUMENTS - 3 Request No. 15 Produce every record supporting each fee assessed. Request No. 16 Produce all account notes maintained by Plaintiff concerning Defendant. Request No. 17 Produce all internal collection notes. Request No. 18 Produce all telephone logs relating to Defendant. Request No. 19 Produce recordings of any telephone calls between Plaintiff and Defendant. Request No. 20 Produce all correspondence received from Defendant. Request No. 21 Produce every document Plaintiff intends to introduce at trial. Request No. 22 Produce every document reviewed by any witness Plaintiff expects to call at trial. Request No. 23 Produce every affidavit or declaration Plaintiff intends to rely upon. Request No. 24 Produce every business record supporting the allegations contained in the Complaint. Request No. 25 Produce every record identifying the custodian of records for the documents Plaintiff intends to introduce. Request No. 26 Produce every document supporting Plaintiff's allegation that all contractual conditions precedent were satisfied. DEFENDANT'S FIRST DEMAND FOR INSPECTION, COPYING, TESTING, AND SAMPLING OF DOCUMENTS - 4 Request No. 27 Produce every document showing Defendant's acceptance of the credit card agreement. Request No. 28 Produce every document identifying the date the Account was opened. Request No. 29 Produce every document identifying the date of the alleged last payment. Request No. 30 Produce every document identifying the charge-off date. Request No. 31 Produce every document showing the principal balance remaining immediately before charge-off. Request No. 32 Produce every document identifying all interest and fees added after default. DEFENDANT'S FIRST DEMAND FOR INSPECTION, COPYING, TESTING, AND SAMPLING OF DOCUMENTS - 5 Request No. 33 Produce every electronically stored record concerning the Account. Request No. 34 Produce every document supporting Plaintiff's claim for court costs. Request No. 35 Produce all documents reflecting any arbitration provision applicable to the Account, including any arbitration opt-out records maintained by Plaintiff. DEMAND FOR ELECTRONICALLY STORED INFORMATION To the extent responsive documents exist in electronic format, Defendant requests production in native electronic format or another reasonably usable format that preserves metadata where applicable. CONTINUING DUTY This request is continuing in nature. If additional responsive documents are discovered after production, Plaintiff is requested to supplement its responses as required by law. Respectfully submitted, DATED: Jane Doe Defendant, In Pro Per PROOF OF SERVICE I am over the age of eighteen years and not a party to this action. On I served the foregoing Defendant's First Demand for Inspection, Copying, Testing, and Sampling of Documents by first-class mail, postage prepaid, addressed to: Hunt & Henriques, LLP 7017 Realm Drive San Jose, CA 95119 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on If they can't prove it... YOU CAN WIN. DEFENDANT'S FIRST DEMAND FOR INSPECTION, COPYING, TESTING, AND SAMPLING OF DOCUMENTS - 8