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HELP! Quick question about Discovery


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How many of you know how often a judge might grant a motion in limine due to insufficient bill of particulars?

In California CCP 454 says that if the bill of particulars doesn't come back within ten days then one can move to exclude evidence within it. So that we did not appear to be obstructionists, we havent' filed the motion yet to give plaintiff time.

They sent us a bill of particulars unverified 13 days after the request. Then yesterday we got a faxed so called verification from an employee of plaintiff. The problem is that the verification wasn't attached to anything at all and the statements are vague. BTW yesterday marked the third week since our request was made and they received it.

Can anyone help me here? They filed suit in Feb and we filed our answer. At this point, they haven't sent us any discovery requests.

The law firm seems to be really sloppy but my fear is that since I am not a lawyer they may get us on some technicality.

Any thoughts would be greatly appreciated. Thanks.

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NASCAR thanks so much for responding. AT this point, I am unsure. The case management conference is in Mid May. There has not been a trial date set to my knowledge. I understand that we must fill out a case management form within the next two weeks or so.

What are your feelings about the insufficiency of the bill of particulars and verification? Am I making too big a deal out of their sloppiness or are these legitimate concerns?

I see that you don't live in CA, but have also noticed your expertise on many threads. Any suggestions are appreciated. Thanks.

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A bill of particulars is only meant to put some meat on the bones, but nothing more. You have to make more discovery. A motion in limine is premature. You wait until later to make one of those.

If you don't like the answers, you could write the lawyer and tell them so, just so you have it on the record. But move forward with discovery. I am never anything but disappointed with most collection firm answers. You shouldn't expect much, either.

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Thx for your input CALawyer. I suspected that their sending copies wasn't quite right. So should I notify the court to compel them to amend the bill of particulars to include originals and original verification OR do I just contact the attorneys?

They are dragging their feet and being sloppy with this!

In fact, I haven't requested other discovery because the bill of particulars is so wanting that it is difficult for me to see how they are justifying this debt.

BTW: What is your experience with trying to exclude evidence based on CCP 454? Are such motions successful at this stage? This has been going on for a couple of months now, and as I said before we don't want the courts to view us as obstructionists, but we are getting tired!

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I would say that if there is still no wayto figure out what they have filed for that you need to contact them via mail and ask them to respond to your request and if they still do not properly answer, file a motion to compel.

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Write the plaintiff and demand the originals. In the letter also point out the deficiencies in the response. Tell them you will move to exclude any evidence not provided by ____(insert a date two weeks from your letter). Then either do so or file a motion for summary judgment saying they don't have evidence to support their claims as evidenced by the lame response to the B of P.

Good luck.

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Write the plaintiff and demand the originals. In the letter also point out the deficiencies in the response. Tell them you will move to exclude any evidence not provided by ____(insert a date two weeks from your letter). Then either do so or file a motion for summary judgment saying they don't have evidence to support their claims as evidenced by the lame response to the B of P.

Good luck.

Thanks for your response CALawyer. Yesterday they sent us an original copy of the supposed verification from a collections agent at the OC. The problem is that it wasn't attached to anything at all and it was a standard form letter. It doesn't state that she is the custodian of records nor that she has knowledge of how the records are prepared. It was just a form response saying she believes everything in the bill of particulars is correct. Do I still request original docs from the plaintiff here? That response seems suspicious to me, especially since she filled out the form on one day wayyy after the date of the bill of particulars and the bill wasn't attached to her verification. In any event, I don't think they've verified anything really but am unsure how to proceed.

Thanks.

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