Requesting a further bill of particulars in California is the topic of this blog post.
Often the response of a plaintiff to a demand for a bill of particulars is too general or is incomplete. Many assignees of credit card companies will respond by simply providing a statement showing the total amount alleged to be due without providing the details of each charge such as the date of purchase of the items set forth or the type of goods purchased. This type of response is clearly defective and the defendant should file a motion for a further bill of particulars on the grounds that a more specific bill of particulars is needed in order for them to prepare a defense.
Code of Civil Procedure § 454 states in pertinent part that, "It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular."
A California Court of Appeal ruled in a published case that if the information provided in the bill of particulars is too general or is incomplete that the defendant can file a motion to request a further bill of particulars.
If a defective response to a demand for bill of particulars is received, the defendant should first send a letter to plaintiff requesting a more detailed response. If no further response is received then a motion can be filed.
If plaintiff fails to provide a further bill of particulars after being ordered by the court to do so, the court may bar plaintiff from introducing evidence at trial in support of the account claimed if the defendant makes a motion to preclude the introduction of evidence at the trial.
Sample motion for a further bill of particulars in California for sale.
Attorneys or parties in the State of California who wish to view a portion of a sample motion for a further bill of particulars sold by the author including a full memorandum of points and authorities and sample declaration can see below.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.