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PostPosted: Fri Aug 01, 2014 9:14 am
by perla
We are scheduled for a lien conference, I received a letter from defense requesting the following :

All fictitious business name statements proving that are company was legally licensed business entity as of the dates of service reference in our lien or bills.

all documents identifying the nature and basis of such services, describing the specific services provided, identifying the person who provided incurred such mileage fees were computed.

all documents evidencing any shipping charges incurred by our company including shipping labels,postage front and back of checks for payment of shipping charges.

among other documents that are common to be requested. This is the first time we are asked to produce such records, of course our company has all the documents requested but i was a bit puzzled on why they need such records other than the usual for a copy service bill.


PostPosted: Sat Aug 02, 2014 5:56 am
Defense counsel is deliberately trying to burden you with discovery requests. I suspect I know which law firm is involved.

Defense counsel knows that a corporation doing business under its corporate name needs no fictitious business name statement (see B&P Sect. 17900(a)(3)). Further, if a corporation was doing business under a name other than the one listed on the Articles of Incorporation, defendant could quickly look up the FBNS online (through a county clerk's office) if it really wanted to know.

Your itemized billing likely describes the nature of the specific services provided.

I would write a polite objection letter to defense counsel and produce nothing further. You can then listen to defendant's arguments at the lien conference in support of an Order Compelling Production of Documents; pay particular attention to any claims of relevance.