SET NUMBER: 1
PROPOUNDING PARTY:CHRISTINE BAKER
RESPONDING PARTY: CBSK FINANCIAL GROUP, INC.
PLAINTIFF’S FIRST SET OF REQUESTS FOR ADMISSIONS TO DEFENDANT
Plaintiffhereby requests that Defendant CBSK FINANCIAL GROUP, INC. (“CBSK”), answer the following First Set of Requests for Admissions in accordance with the Definitions and Instructions attached hereto as Exhibit “A”, which are by reference fully incorporated and restated herein separately and fully within each interrogatory, within forty (40) days pursuant to the Arizona Rules of Civil Procedure.
1)Admit that each of the faxes that are subject to this lawsuit,attached to Plaintiff’s Initial Disclosures as Exhibits1 – 4,contain material advertising the commercial availability of property, goods, or services.
RESPONSE:
2)Admit that CBSK, directly or indirectly through any contractor, employee, or other agent, has sent or caused to be sent, facsimile transmissions of the documents attached to Plaintiff’s Initial Disclosures as Exhibits1 – 4 on or about:
(a)10/12/04 -- “100% Financing”
(b)10/22/04 -- “100% Financing”
(c)11/1/04 -- “No Payments Until Next Year”
(d)11/4/04 -- “Lower Your Monthly Payment”
RESPONSE:
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3)Admit that CBSK has no evidence or documents to rebut the allegation of the Complaint that it sent or caused to be sent the unsolicited faxes subject to this lawsuit.
RESPONSE:
4)Admit that CBSK did not have prior express invitation or permission from Plaintiff to send or cause to be sent by facsimile any material advertising the commercial availability or quality of any property, goods, or services.
RESPONSE:
5)Admit that CBSK did not have an established business relationship with Plaintiff at the time the faxes subject to this lawsuit were sent.
RESPONSE:
6)Admit that the faxes at issue were not sent as a result of any accident or mistaken act.
RESPONSE:
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7)Admit that CBSK knew of the existence of the Telephone Consumer Protection Act (“TCPA”) (47 U.S.C. §227) when it sent or caused to be sent the faxes subject to this lawsuit.
RESPONSE:
8)Admit that CBSK has profited from the origination of mortgages as a direct result of sending or causing to be sent the faxes that are subject to this lawsuit.
RESPONSE:
9)Admit that CBSK has settled TCPA violations in the last three years.
RESPONSE:
10)Admit that CBSK has not taken legal action to recover the cost of TCPA settlements from any fax broadcaster, lead generator or any other party not employed by CBSK and involved with the unsolicited faxing on behalf of CBSKin the last three years.
RESPONSE:
11)Admit that CBSK has not held liable its loan agents identified asthe persons responsible for sending or causing to be sent the unsolicited faxes in the previous three years.
RESPONSE:
12)Admit that CBSK has taken no action to hold liable its employee(s) responsible for sending or causing to be sent the faxes that are subject to this lawsuit.
RESPONSE:
13)Admit that CBSK has not reported itslicensed loan agents for sending or causing to be sent the faxesin the previous three years to the California Department of Real Estate or other regulatory entities for disciplinary action.
RESPONSE:
14)Admit that CBSK has no interest in pursuing the persons and companies engaging in illegal marketing and lead generation because it is not profitable.
RESPONSE:
15)Admit that CBSK is licensed to do business in Arizona and has originated mortgages in Arizona in 2004.
RESPONSE:
16)Admit that CBSK is subject to the personal jurisdiction of the Arizona Courts.
RESPONSE:
Respectfully submitted on June 3, 2005,
______
Christine Baker
[address deleted for web]
Plaintiff Pro Se
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APPENDIX “A”
INSTRUCTIONS
The person responding to a request should have knowledge to answer said questions. If another person has superior knowledge on certain questions, that other person should respond to that request and be so designated. If such person is unavailable, that person should be fully identified and the nature and scope of their knowledge and the reasons that such person’s knowledge is or is believed to be superior, explained fully.
In responding to these requests, furnish all information, however obtained, including hearsay which is available to you and any information known by you, in your possession, or appearing in your records.
These are intended as continuing requests having within them a duty to timely supplement the responses until and during the course of trial.
Information sought by these requests that you obtain after you serve your responses must be disclosed to the Plaintiff by supplementary responses.
It is intended by this set of requests to elicit information not merely within your knowledge, but obtainable by you or on your behalf.
You may not claim lack of information or knowledge as grounds for failing to respond to any request or as grounds for giving an incomplete or partial response to any request without exercising due diligence to secure the full information needed to do so. Where you rely or respond based on information provided to you from any other person, fully identify that person and how you obtained the information from them. Where you rely on information in any document, specifically identify the document and identify the person who has custody of that document.
If you can not respond to a request in full after exercising due diligence to secure the full information needed to do so, so state and respond to the extent possible, specifying your inability to respond to the remainder, stating whatever information or knowledge you have concerning the unresponded portion and detailing what you did in attempting to secure the unknown information.
If any request is objected to on the basis of an assertion of a privilege, identify the privilege claimed and state the specific factual grounds for the applicability of the privilege to the responsive information.
If any request is objected to on the basis that the time period covered by the request is irrelevant, burdensome, irrelevant, or otherwise inappropriate, state what time period you consider proper for that request and answer the request for that time period, preserving your objection to the remainder of the time period.
If you choose to provided in electronic media or machinereadable form (such as computer disk, cartridge, tape, punch cards, or other nonprinted media) any answers, documents, or other materials in your answers, you must provide all information and things necessary for the Plaintiff or his agent to fully access, read, and decode into plain English text all data and files so provided.
DEFINITIONS
As used herein, the term “PERSON” includes any natural or artificial person, public entity, firm, association, organization, subsidiary, partnership, business, trust corporation, government office or agency, political subdivision, or any other organization, regardless of whether such is dissolved, altered, disbanded, defunct, or otherwise not in its original form.
As used herein, “YOU” or “YOUR” or “CBSK” mean and refer to Defendant, CBSK Financial Group, Inc., its corporate or business predecessors, if any, its affiliates, aliases d/b/a, subsidiaries, employees, contractors, attorneys, investigators, agents, officers, or any other PERSON under its control or direction, or acting or purporting to act on YOUR behalf.
As used herein, the “ACT” or “TCPA” means and refers both individually and collectively to 47 U.S.C. §227, 47 C.F.R. §64.1200, Report and Order (“R&O”) adopted by the Federal Communication Commission September 17, 1992 and Memorandum Opinion and Order (“MO&O”) adopted by the Federal Communication Commission July 26, 1995, and other such promulgations of the Federal Communication Commission addressing interpretation and implementation of same.
As used herein, “CORRESPONDENCE” means all written and unwritten but recorded whether in total or in summary, communications, including nonduplicate drafts, versions not sent, and copies that differ only in margin notes or annotations, including memos, letters, analog or digital recordings, voice mail, Email, computer files, computer disks, or other correspondence or things sent or received by YOU to or from any entity, including correspondence or files maintained or exchanged internally within YOUR business or with YOUR employees.
As used herein, “DOCUMENTS” means all documents and records regardless of media or storage mechanism, including nonduplicate drafts, versions not sent, and copies that differ only in margin notes or annotations, of memos, letters, analog or digital recordings, Email, tapes, cassettes, logs, books, papers, contracts, computer disks, and computer files. This includes all such DOCUMENTS not only in YOUR possession, but those under YOUR control and those YOU can obtain from other parties, computer tapes, backup media, archives, or other storage vehicles.
As used herein, the terms “last three years”, “prior three year period” or “previous three years” and similar terms means and refers to the period of time from January 1, 2002 to the current date, inclusive.
“And” as well as “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of these admissions any information which might otherwise be construed to be outside its scope.
“Any” and “all” shall be construed to include “each” and “each and every.”
All other terms shall be construed as necessary to bring within the scope of these admissions any information which might otherwise be construed to be outside its scope.
Where a request addresses acts or omissions of any entity, it shall be construed and interpreted to apply to the acts or omissions of that entity and the acts or omissions of that entity’s employees, assigns, contractors, and any other agent of that entity.
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