ADSOFT

California Supreme Court: BILL OF PARTICULARS.

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Adsoft you state above I don't think drafting a bill of particulars takes a great deal of intellual property. I wouldn't waste my time on it. You get the same information by blasting discovery off. Sending over discovery starts the meter ticking and ultimately opens their checkbook. When you're able to costs the plaintiff hard dollars they quickly assess the appropriateness of litigating against you versus the folks that let em take a default. Fire off rogs, doc request and admission followed by meet and confer letters an a case mgt statement that specifically talks about who you will depose and when it lets the other side know they should think about writing you a check. Of course the writing you a check only applies if you followed the process.

Where some posters will tell you "oh you have to ask for a bill of particulars" folks that actually try cases will tell you, use the form from CaLawyer for meet and confer asking the trial counsel for the plaintiff to ask their client to stipulation to a cross action. Their egos will lead them down the cherry path each and every time. The response they send back gives rise to a second cause of action after the initial case is resolved. Hell their response to the stip meet and confer is better than anything that will happen in the original debt collection case because it gives rise to an automatic case most of these debt collection law firms friggin can't win. Even if they tried cases ever single day they couldn't win because in 99% of the cases they just won't have admissible evidence.

So the meet and confer after the answer is like 2 troy ounces of that funny yeller stuff. Actually with the price of gold on Friday, that would be 4.5 ounces of that funny yeller stuff.

The problem is I don't have time for all that. It requires alot of research and there are so many opinions that you only end up confusing your self. I asked for opinions on the BOP and I just ended up using up all my time.

If you could point posters to a sample discovery motion that would be more helpful.

At this point (trial is 3 weeks away, too late for discovery) I should request BOP and maybe ask the board how to shoot down their evidence. I could maybe as for an extention, but I don't think that the judge/court would grant so close to trial.

It sounds like you know what evidence to ask for so as to make it unadmissable or defend yourself from it. Can you post a sample, first step, discovery letter/motion? It would give members, at least those in California, an idea how to defend themselves from what seems to be weak evidence on the part of Junk Debt Buyers.

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Here a letter that I found which states what to do if they don't answer BOP

Letter Requesting Response to Demand for Bill of Particulars and Warning of Intent to Ask the Court to Exclude Evidence

Date: ____________________________

To: ____________________________

(Name of Plainitff or Attorney for Plaintiff)

_______________________________________

(Address of Plaintiff or Attorney for Plaintiff)

_______________________________________

Re: Failure to Respond to Demand for Bill of Particulars

On __________________________________ a Demand for Bill of

(Date the Bill of Particulars was given or mailed)

Particulars was served on you in accordance with Code of Civil Procedure section 454. I have not received a response to the demand.

This letter gives you formal notice that I intend to ask the court to exclude at the time of trial any evidence that I owe you money on the alleged account, contract, or other basis for which you are suing me. My request will be based on your failure to provide a proper response to my Demand for Bill of Particulars as provided in Code of Civil Procedure section 454.

Sincerely,

___________________________________

(Sign Your Name Here)

___________________________________

(Print Your Name Here)

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Usually you can fire one off via mail or serve it to them, you don't have to use a process server; you can use a person over eighteen who is not a party to the lawsuit to serve it by mail just so that you have a proof of service on the letter. You file a copy with proof of service with the courts so that when they still don't answer your BoP request you have lots of ammo for some motions down the line...

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Thanks, I will keep you posted. I need to file a Case Management Statement by Monday. ... at least thats what I was told by my Process Server.

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It is vital to do so, by the CA Rules of Court although some courts don't specifically enforce this, others will sanction parties $25 a day (Stanislaus County) for every day the CMC statement is late:)

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It is vital to do so, by the CA Rules of Court although some courts don't specifically enforce this, others will sanction parties $25 a day (Stanislaus County) for every day the CMC statement is late:)

Thanks.

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what to do if they don't answer BOP

Now I understand BoP's , ...

Thank you ADSOFT en all.

"Virtual non-response to motion for bill of particulars leads to"

New York State Supreme Court Judge, Kenneth Fisher in the People v. Robert H. Williams.

http://findarticles.com/p/articles/mi_qn4180/is_20030904/ai_n10068882/

Edited by FL4answer58

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Now I understand BoP's , ...

Thank you ADSOFT en all.

"Virtual non-response to motion for bill of particulars leads to"

New York State Supreme Court Judge, Kenneth Fisher in the People v. Robert H. Williams.

http://findarticles.com/p/articles/mi_qn4180/is_20030904/ai_n10068882/

That's criminal, it would be great if you could find a civil example.

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Even though the code authorizes a demand for a bill of particulars in an action “on an account,” it is not available in an action on an account stated. Distefano v. Hall, (1963) 218 Cal. App. 2d 657, 677.

An account stated is a new agreement by the parties which supersedes the original contract and account. Jones v. Wilton, (1938) 10 Cal. 2d 493, 498 .

Any action on it is therefore based on only the final balance agreed on by the parties and not on the original individual items of account. Hallford v. Baird, (1938) 27 Cal. App. 2d 384, 398. Therefore, itemization of the account is not possible.

So, if the plaintiff sues for more than one common count including "account stated", a BOP is a waste of time?

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You might want to read through posts by rikkivs in California. They provide a wealth of information about 'account stated' claims as well as bills of particular (when they can be used and when not, etc.)

Just search the members directory for that name and view all the posts. They're very informed and informative.

RL

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You might want to read through posts by rikkivs in California. They provide a wealth of information about 'account stated' claims as well as bills of particular (when they can be used and when not, etc.)

Just search the members directory for that name and view all the posts. They're very informed and informative.

RL

I did just that and found my answer:

"Bear in mind that if you are only being sued under account stated cause of action, you cannot use a BoP request by precedent, but if you are being sued for multiple causes of action including account stated, then a BoP request is usually proper" via rikkivs.

Thank you RebelLady!

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Nope - not even close!!

A BOP must show all the credits and debits over the life of the account.

Send a meet and confer letter stating the response is not sufficient and you will give him 10 more days to comply. If he can't/won't, then you file a motion to preclude.

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Hi there,

I tried to message Jewel, but I don't think she is accessing this board anymore. I am looking for a Bill of Particulars form, if you have one. Thanks!!!

I downloaded her PDF. I was hoping for a sample template with the items neccessary for a CC case :oops:

Or do you just let them send what they want and you limit them to those documents?

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Look through Calawyers recent threads and he has the whole process well detailed.

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Hi there,

I tried to message Jewel, but I don't think she is accessing this board anymore. I am looking for a Bill of Particulars form, if you have one. Thanks!!!

This link has everything you ever wanted to know about a BOP in California: http://www.creditinfocenter.com/forums/there-lawyer-house/310833-anyone-california-know-what-pos-use-when-serving-answer-complaint.html#post1135453

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