CA San Mateo Need Help with Summons Response Thanks.

[osuperdukeSM]

Hello all,

I am desperate, depressed and under pressure because I have never been summoned/sued before. I am freaking out and reading like a manic trying to understand as much as possible to make an informed and proper response because I cannot afford a lawyer. I am sharing what I have received and hope to get some helpful feedback. Thanks in advance for this great forum, I found you on Google search and thanks goes out to all that have shared in many posts that I have found very helpful so far but I now have more questions. I will continue to read what is already posted but if anyone has any direct comments don’t hesitate to post (thanks).

I received a Summons (SUM-100), cover sheet (CM-010) and pleading letter on March 09, 2011 (Should it have included particulars too?). I found the summons on the floor in front of my dwelling. It states that I am being sued by CACH, LLC a company from Colorado by a Law group that is in southern California which is representing the Plaintiff. I have thirty days to respond (I have not been served correctly but believe I will receive the same material in the mail because of what I’ve read on how it is done in California). I have verified that the Summons and attachments are legitimate by calling the County Clerk’s office in San Mateo. The amount being demanded is $24,348.87 which makes it a limited civil case. CACH, LLC is complaining about Breach of Contract and Common Counts.

Facts Common to all Causes of Action: There are 14 paragraphs. CACH, LLC does allege they are the assignee of original creditor. There is a date in one of these paragraphs that states “As of May 12, 2010, Defendants owe $xx,xxx.xx” and I guess this is to cover the SOL in California. They mention the written contract was done over phone or Internet (What about signatures?).

Causes of Action: 1. Breach of Written Contract, 2. Money Lent, 3. Money Had and Received, 4. Account Stated, 5. Open Book Account

I have read some threads on how to answer and have some ideas but would like some suggestions. I can respond with a PLD-C-010 form and select general denial because I don’t think that these papers are verified (I don’t see it notarized on the last page of the pleading forms, it is signed by the law group that is representing CACH, LLC but not by CACH, LLC or a notary. Am I right about this?). Should I also check off box four Affirmative Defenses to attack the Causes of Action and common facts to all causes of action? Should I add a Bill of Particulars statement to box five?

Again, thanks in advance for any help and thanks for all the info in other threads and I’m totally confused but working through it.

SuperDuke

[admin]

I would do search on this site for numerous examples of answers to a summons. Take a stab at writing one yourself, then ask questions if you get stuck. You will get much better responses to your post this way.

[osuperdukeSM]

I am searching "answers to a summons", thank you. I will post a response to the summons I received to get feedback.

Thanks

[calawyer]

I can respond with a PLD-C-010 form and select general denial because I don’t think that these papers are verified (I don’t see it notarized on the last page of the pleading forms, it is signed by the law group that is representing CACH, LLC but not by CACH, LLC or a notary. Am I right about this?). Should I also check off box four Affirmative Defenses to attack the Causes of Action and common facts to all causes of action? Should I add a Bill of Particulars statement to box five?

Again, thanks in advance for any help and thanks for all the info in other threads and I’m totally confused but working through it.

SuperDuke

Don't look for a notary's seal but rather some language preceeding a signature saying something like this: http://www.courtinfo.ca.gov/courts/supreme/documents/Verification.pdf

Also, note that an attoney can verify on a client's behalf if the client is absent from the county where the attorney has his or her office. http://law.onecle.com/california/civil-procedure/446.html

As far as the Bill of Particulars is concerned, I would do it as a separate document. Most plaintiffs will not pay enough attention to your answer to see that it contains a BOP.

Good luck.

[osuperdukeSM]

Don't look for a notary's seal but rather some language preceeding a signature saying something like this: "U R L removed I am too new"]

Also, note that an attoney can verify on a client's behalf if the client is absent from the county where the attorney has his or her office. "U R L removed from quote" As far as the Bill of Particulars is concerned, I would do it as a separate document. Most plaintiffs will not pay enough attention to your answer to see that it contains a BOP.

Good luck.

Thanks for your reply.

The summons, civil case cover sheet and the summary of pleading do not state anywhere or include a form with the wording "Verification of Pleading". Also, I do not see the statement of " I declare (or certify) under penalty of perjury that the foregoing is true and correct." anywhere on any of the forms.

In the summary of pleading under the heading "FACTS COMMON TO ALL CAUSES OF ACTION" many of the statments start with "Plantiff believes" but the Plaintiff is not the original creditor. I was never notified by the Plaintiff (CACH, LLC) that I was even going to be sued. Also, I have been checking the online site for the court in San Mateo County and it presently states:

Number: 1

Complaint Type: COMPLAINT

Filing Date: xx/xx/2011

Complaint Status: ACTIVE

Party Number Party Type Party Name Attorney Party Status

1 PLAINTIFF CACH, LLC XXXXXXXX X XXXXX First Paper Fee Paid

2 DEFENDANT XXX X XXXXX Unrepresented Serve Required (WaitS)

Viewed Date Action Text Disposition

xx/xx/2011 (L) COMPLAINT FILED - PRAYER AMOUNT OVER $10,000.00

xx/xx/2011 CIVIL CASE COVERSHEET RECEIVED -

xx/xx/2011 30 DAY SUMMONS, ISSUED AND FILED. -

I am now assuming and maybe someone can clarify, will an entry appear that states the action has been served? When I respond the attorney portion will state "Pro Se" and the "Serve Required (WaitS)" will change too?

I am thinking that I will respond as soon as that changes, am I right or should I go ahead and respond?

Thanks everyone

[osuperdukeSM]

This entry is to show what I have completed so far on California PLD-C-010 form"

Attorney or Party without attorney (Name and Address): Telephone

Name here

Address here

City and Zip Code here

Insert name of court, judicial district or branch court, if any, and post office and street address:

Superior court of California, County of San Mateo

Southern Branch: Hall of Justice and Records - Limited Jurisdiction

400 County Center, Room A

Redwood City, CA 94063

Plaintiff:

CACH, LLC

Defandant:

My Name

Answer - Contract

I checked off the box "To Complaint of (name): Not sure if I should place the name of attorney (I have seen some samples on threads here and they vary and it has confused me, I am thinking that it should just be the name of the Plaintiff, doh!) of Plaintiff, Plaintiff's name or Plaintiff v. my name.

1. This pleading, including attachments and exhibits, consisting of the following number of pages: xx

2. Defendant (name): me

3. Check ONLY ONE of the next two boxes:

a. I checked this one and it states: Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if the verified complaint or cross-complaint demands more than $1,000.) {This confused me like crazy but thanks to the threads I began to understand about verified vs. non verified and hope I am right.}

b. I did not check this one and it states: Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT:

(1) Defendant claims the following statements are false (use paragraph numbers or explain): {I read through an interesting thread where someone checked this option but denied pretty much everthing here. I am trying to understand that strategy, the approach also included a statment of Bill of Particulars too somewhere under number 3.}

(2) Defendant has no information or belief that the following sttements are true, so defendant denies them (use paragraph numbers or explain.): {This looks like a good place for denying specific paragraph numbers on the summary of pleading if option 3b was selected.}

4. Affirmative Defenses Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything: {I will place affirmative defenses against in this section to each cause of action I believe needs one (i.e. unclean hands, ect...)

5. Other: {I have seen some person make a request for a Bill of Particulars here but my previous reply suggested I do this seperately. I am thinking that if the Plaintiff's attorney misses this entry, it could be an advantage but not sure, I will attempt to better understand this.}

6. Defendant Prays

a. that Plaintiff take nothing

b. I entered a check mark here: for costs of suit.

c. I entered a check mark here: other (specify): I wrote "for court fees"

That is the end of the form.

Questions: If and when need be, when do I submit a sworn denial to force a witness if it goes to trial? Is this witness going to be the Lawyer representing the Plaintiff? Should I wait to be served properly or for when the court makes an official entry that I have been served? Can I state that the summons, summary of pleading and cover sheet was the first notice I received that Plaintiff was suing and therefore able to request debt verification or will this be replaced by a bill of particulars?

Thanks so much.

Super

[osuperdukeSM]

Oh boy, now I found some info on another form PLD-050 General Denial. I thought that the other form PLD-C-010 was the general denial, anyone? I am seaching also. By the way, if there is anyone viewing this thread that is new too, I found a great web site through one of the threads here but I am new and can't post it so here it is in a different way and you'll figure it out

( h t t p : / / w w w . c o u r t s . c a . g o v / x b c r / p a r t n e r s / c i v - c o n t r a c t a c t i o n . p d f )

[skippy1960]

Super,

I use PLD-C-010 when answering the complaint, I check box 3(, then list the counts that I deny. Reason being generally the first 4 or 5 points of the complaint have to do with my name, the correct venue. So using 3(a) says they have it all wrong.

Then I type this into the form for each allegation based on the numbers they checked on the pleading form they sent you.

Don't forget to add affirmative defenses...

1. Defendant denies plaintiff's allegation number 8 and demands strict proof thereof and authenticated proof thereof.

2. Defendant denies plaintiff's allegation number 9 and demands strict proof thereof and authenticated proof thereof.

3. Defendant denies plaintiff's allegation number 10(a) and demands strict proof thereof and authenticated proof thereof.

4. Defendant denies plaintiff's allegation number 10((2) and demands strict proof thereof and authenticated proof thereof.

Good Luck

[osuperdukeSM]

Super,

I use PLD-C-010 when answering the complaint, I check box 3(, then list the counts that I deny. Reason being generally the first 4 or 5 points of the complaint have to do with my name, the correct venue. So using 3(a) says they have it all wrong.

Then I type this into the form for each allegation based on the numbers they checked on the pleading form they sent you.

Don't forget to add affirmative defenses...

1. Defendant denies plaintiff's allegation number 8 and demands strict proof thereof and authenticated proof thereof.

2. Defendant denies plaintiff's allegation number 9 and demands strict proof thereof and authenticated proof thereof.

3. Defendant denies plaintiff's allegation number 10(a) and demands strict proof thereof and authenticated proof thereof.

4. Defendant denies plaintiff's allegation number 10((2) and demands strict proof thereof and authenticated proof thereof.

Good Luck

This was one of my concerns, they do have my name and venue right so I guess it is best to answer true but for exceptions. Your statements were helpful.

Thanks and I need I the luck I can get.

[osuperdukeSM]

Seems like I am just one of many being sued assembly line style by CACH, LLC. Curosity has compelled me to take advantage of San Mateo's online MIDX access. I have searched under the Plaintiff search with CACH, LLC entered in the text box and oh boy, this is a legal assembly line.

All the cases I have been looking at (San Mateo County Court, California online access MIDX CLJ503590 - CLJ50359, CLJ503582 - CLJ503589, CLJ503431 - CLJ503432, CLJ503418... I got tired of looking but this is seventeen cases and there are many more) are worded exactly as mine and they all have the same thing in common, bank of america is the original creditor and CACH, LLC is the assignee. Also, all these cases are unverified (no statement under perjury by Lawyer or Plaintiff) and allege that the applicant applied over the phone/internet.

Is a contract done over the phone/internet an oral or written contract? (see any of the cases above at paragraph number 5 in the summary of pleading) Yes, all of these cases are exact copies and same 'common facts'/'cause of action' for the exception of the terms that are interchanged like "consumer loan" or "credit card", amounts owed and personal names. In that same paragraph (#5) they allege that "Pursuant to the terms of the application and the written terms and conditions", so is it a written contract? If not, I can say it is barred because oral contracts have a sol of 2 years. None of the complaints mentioned above have attachments of the original contracts. What do you think?

Thanks

super

[skippy1960]

Super,

Welcome to credit card/loan collections via the court system. First you are one of the 5 give or take in 100 that answer the complaint and don't recieve default judgement. The reason there is the bare minimum in the complaints is because most folks don't bother to fight or the sign a stipulated judgement or settlement of some sort.

So CA's and JDB even OC's don't include any more than the minimum paper work when they file suit, it is cost effective for them. This doesn't mean they don't have access to the neccessary evidence, they just don't know who is going to fight, so why request a bunch of information you may not need.

You have filed a answer and have bought some time, to continue to learn about options of defending your case. I don't think you will get very far on the oral contract arguement/ 2 year SOL, but shows you are thinking already which is good....

Keep researching and asking quesitons. Just noticed the amount I will send you PM

[Make Life Good]

I have a friend in CA who has helped me with language in my answers and legal filings. You may send me a private message, and I will be glad to share his information with you.

[calawyer]

Here is a post about the use of the two forms:

http://www.creditinfocenter.com/forums/showthread.php?t=305160&highlight=general+denial

Let us know if this does not answer your question.

[EKU]

Hello Superduke,

"Should I add a Bill of Particulars statement to box five?"

I have the same situation and I just loved your idea of Bill of particulars! Good job!

I was wondering how did you get around it

- did you put in on your Answer as #5 and just put Rule 26 without the whole rule's description

or

- you used a separate form (if yes, which one) to state each part of the Rule26 in detail?

I appreciate any help... ny head is spinning!

EKU

[osuperdukeSM]

All,

Thanks for all the help and threads that have left a treasure of ideas for defense.

On the response form PLD-C-010, this is how I will respond:

Selected 3a "Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if the verified compalint or cross-complaint demands more than $1,000.)

Checked off box 4 and I entered the following:

California Affirmative Defenses:

SOL (CCP Sec. 337, Subd. 1; Subd. 2; Subd. 3; CCP Sec. 339, Subd. 1)

SOF (Civil Code Sec. 1810)

Fraud, Mistake, and Duress

Excused Performance

Void or Voidable

Accord and Satisfaction

Waiver

Estoppel

Payment and Release

Cancellation

Rescission

Checked off 6b for cost of suit.

Please, don't hesitate to give feedback.

Thanks,

Super

[EKU]

Superduke, you didn't mention your intention to use Demand for Bill of Particulars...

More I read about it more I want to use it, I just don't know If should I just attach it to my Answer or file it some other way?

Also I came accross some info that " a copy of the bill of particulars shell be delivered to the judge, shell not be filed with the clerk of the court..."

who is going to serve it on my Plaintiff???

Thank you!

[osuperdukeSM]

I have decided to do discovery (Bill of Particulars) separately altogether along with interrogatories. When I am finished with interrogatories and the discovery request, I will post for feedback.

Again, thanks everyone.

Super

[EKU]

Good luck!

So, you will include your bill with your Answer?

the thing is I have to file my answer in afew days, that's why I am asking soo many questions...

But thank you for the reply!

[calawyer]

I have decided to do discovery (Bill of Particulars) separately altogether along with interrogatories.

Super

Good plan.

You can serve them all at the same time and just use one proof of service listing each separate document. In other words:

On__ I served the following documents:

Answer to complaint;

Defendant ___'s first set of interrogatories to plaintiff;

Defendant ___'s demand for bill of particulars.

A form with the full text and instructions can be found here: http://www.courtinfo.ca.gov/forms/fillable/pos030.pdf

[EKU]

Calawyer, do you have some info what form should bill of particulars be submitted? If my Plaintiff expects an Answer from me, can I instead file demand for bill or they should go together?

I am new to this site, please bare with me...

Thanks a lot!

eku

[ADSOFT]

General Denial should be more than enough. All you want to do is ANSWER so you don't get a default judgement.

Once your answer is entered the ball is in the plaintiff's hands and has to make the first move.

It sounds like a JDB is comming after you, most don't have enough EVIDENCE to procecute.

Get your answer in, you won't have to worry about a trial or judgement for 6-18mos, at that point most here will help you and you will see you don't have much to worry about.

step one is: Get your GENERAL DENIAL in ASAP. Chiquita(a member) filed the best General Denial I have ever seen.

My next question to you is:

1) Are you going to pay the filing fee or are you going to ask for a waiver?

[osuperdukeSM]

I have filled out California form Interrogatories-Limited Civil Cases DISC-004 and have marked the following boxes:

Sec. 4. Definitions box (a) (1) Inident includes the circumstances and events surrounding the alleged breach of contact giving rise to this action or processing.

101.0 box 101.1

103.0 box 103.1

150.0 box 1,2,3,4,5,6 and 7

On my summary of pleading letter, I am demanding (Demands 1 through 9 being made upon plaintiff CACH, LLC) production of documents pursuant to CCP 2031.010, that the plaintiff produce and permit inspection and copying of the documents described below. The place of inspcetion shall be place of residence of Defendant, whose address is listed above. The time for such inspection shall be at xx:xx am, on Xxx xx, xxxx, and shall continue so long as reasonably required. Legible copies of the documents served by mail along with your verified document demand responses identiying the documents will be acceptable to Defendant in lieu of actual document production at Defendant's residence. The following is the designation of the documents to be produced:

Document Demand #1: All documents forming part of the consumer loan application for credit which Defendant executed or delivered to "Original Creditor Name here", your assignor, as you allege at paragraph 5 of your complaint in this action.

#2: All documents forming part of the application for creit over the telephone or internet which Defendant made to "Original Creditor Name here", your assignor, as you allege at paragraph 5 of your complaint in this action.

#3: All documents forming part of the application for credit over the telephone or Internet which Defendant made to "Original Creditor Name here", your assignor, as you allege at paragraph 5 of your complaint in this action.

#4: All documents forming part of the consumer loan, with charge privileges granted, bearing account number XXXXXXXXXXXXXXXX (the "Account"), which "Original Creditor name here", your assignor, provided to Defendant as you allege at paragraph 5 of your complaint in this action.

#5: All documents forming part of the Account as it was delivered by "Name of Original Creditor here", your assigno, to you, the assignee, as you allege at paragraph 6 of your complaint in this action.

#6: All documents forming part of Defendant's agreements to comply with the written terms and conditions governing use of the credit card, as it was amended from time to time, including repaying the "Original Creditor name here" for any charges on the Account including, but not limited to, charges for purchases of goods and services and/or cash advances and balance tranfers along with interest, late charges, over limit charges related thereto, as you allege at paragraph 7 of your complaint in this action.

#7: All documents evidencing all of the credit card purchases, and/or the taking of cash advances, and/or the making of balance transfers, by which Defendant used the consumer loan issued on the Account, as you allege at paragraph 8 of your complaint in this action.

#8: All documents forming part of the monthly statements which "Original Creditor Name here" sent to Defendant which itemized all payments made and charges due on the Account, as you allege in paragraph 9 of your complaint in this action.

#9: All documents evidencing that within the last four years, Defendant failed to make payments as agreed on the Account, as you allege at paragraph 10 of your complaint in this action.

#10: All documents which evidence the calculations used to come up with your allegation that Defendant owes the sum of $xx,xxx.xx with interest thereon, as set forth at paragraph 11 of your complaint in this action.

#11: All documents forming part of all the demand(s) for payment on the Account which have been made upon Defendant, with no payment having been made by Defendant, as you allege at paragraph 12 of your complaint in this action.

Thanks to everyone that helped and pm'ed me wonderfule help. Let me know what you all think and offer pleaase offer suggestions, I will be eternally grateful.

Super

[osuperdukeSM]

To EKU:

This kinda helped me. (I have begun to understand that depending on the causes of action the plaintiff places in the summary of pleading, you will choose to seek discovery by demanding documents (and whatever else is relevant to your case) or demand a Bill of Particulars, see below for guidance)

Demand for Bill of Particulars: This is also a procedure outside the Discovery Act, but it serves a discovery purpose: It enables defendants who have been sued generally on an account (certain actions in contract or quasi-contract) to force plaintiff to itemize the account on which the complaint is based. [Ca Civ Pro Sec. 454]

This procedure dates back to early common law. When plaintiff sued on a common count, the pleadings gave no specifics as to the nature of the claim--i.e., whether contract, quasi-contract, etc. Therefore, courts allowed a "demand for bill of particulars" to enable defendant to discover what was being claimed and to prepare for trial. Although interrogatories and depositions can now be used for the same purpose, the bill of particulars remains an alternative procedure . . . and it has certain advantages, as well (below).

* * * * * * * * * * * * * * * * * * * * * * * * *

STRATEGIES AND TACTICS RE BILL OF PARTICULARS

Advantages: The bill of particulars has some distinct advantages over Discovery Act procedures:

· Inexpensive: It is far easier and less costly to send out a simple demand for bill of particulars than it is to draft interrogatories or to prepare for and take depositions.

· Conclusive: Answers to interrogatories or deposition questions can be used as evidence against the answering party at trial; but they are not conclusive (contradictory evidence is also admissible). On the other hand, a bill of particulars is conclusive as to the items and amounts claimed; i.e., no other evidence is admissible at trial, unless the court grants leave to amend the bill of particulars.

· Does not count against "Rule of 35": Since it is not an interrogatory, the demand does not count against the numerical limits on specially prepared interrogatories under the Discovery Act.

Disadvantages: The big disadvantage is that a bill of particulars is only available in actions on "an account" (see below). Therefore, it is not an alternative to depositions and interrogatories in most cases.

a. Actions in which available: A demand for bill of particulars may be served on the plaintiff only in an action on "an account." As stated in the Code: "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 after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof . . ." [Ca Civ Pro Sec. 454]

(1) "On account": This basically means any action in contract or quasi-contract consisting of one or more items and pleaded in general terms. The most frequent case is where the complaint contains one or more of the common counts:

· Open book accounts;

· For labor and materials furnished under a contract;

· For monies loaned;

· For "money had and received."

(2) Not available where complaint for account stated: But a bill of particulars is not appropriate in an action on an account stated, because an account stated is deemed to merge the various items on which the earlier accounts were based: i.e., there is nothing left to itemize. [Ahlbin v. Crescent Commercial Corp. (1950) 100 Cal.App.2d 646, 648, 224 P.2d 131, 133--plaintiff may ignore defendant's demand]

b. Procedure

(1) Defendant's demand: In the above kinds of actions, defendant is entitled to demand a bill of particulars as a matter of right; no court order or permission is required.

(a) Timing: No time is prescribed by statute. Presumably, therefore, the demand could be made as late as the time of trial.

( Form of demand: The demand must be in writing. But no special form is required. It does not even have to be signed (typed name of party or attorney sufficient). [see Ca Civ Pro Sec. 454]

© Custody of original: Defendant retains the original, along with plaintiff's response thereto. (They are not filed with the court.) [see Ca Rules of Court Rule 201.5(]

(2) Plaintiff's response: The "bill of particulars," itemizing the specifics of the account, must be delivered to the defendant within 10 days after service of the demand. [Ca Civ Pro Sec. 454]

(a) Verification: If the original complaint was verified, the bill of particulars must also be verified. [Ca Civ Pro Sec. 454]

( Amendments: If, after furnishing the itemization, plaintiff finds that it was incomplete or incorrect, plaintiff must seek leave of court (by noticed motion) to amend the bill of particulars . . . just as he or she would to amend a pleading. [Ca Civ Pro Sec. 454]

© Information furnished limits claim: The bill of particulars furnished by the plaintiff is treated as an "amplification" of the pleadings. As such, it has the effect of a pleading. Consequently, at trial, plaintiff is limited to the items and amounts specified in his or her bill of particulars. No additional items can be shown. [see Baroni v. Musick (1934) 3 Cal.App.2d 419, 421, 39 P.2d 435, 436]

(d) Amendment of bill: The court, however, does have authority under Ca Civ Pro § 473(a)(1) to permit plaintiff to amend the bill of particulars under the same terms as amendment of the pleadings generally. (See "Amendment to Pleadings." Such an amendment might even be permitted at the time of trial, if no prejudice to the opposing party is shown.

(e) Enforcement of demand

(1) Defective or incomplete bill furnished: If the information furnished is deemed too general or incomplete, the defendant may make a noticed motion for a further bill. [Ca Civ Pro Sec. 454]

(a) May be waived: If defendant fails to do so before trial, he or she waives any objection as to the sufficiency of the information furnished. [burton v. Santa Barbara Nat'l Bank (1966) 247 Cal.App.2d 427, 433, 55 Cal.Rptr. 529, 534]

(2) Late: Technically, furnishing the bill late (i.e., after 10 days following the demand) is a breach of the statutory duty, and hence could justify exclusion of evidence. But as a practical matter, unless defendant can show some prejudice resulting from the delay, it is unlikely that any sanction will be imposed. [McCarthy v. Mt. Tecarte Land & Water Co. (1896) 110 Cal. 687, 692-693, 43 P 391, 392]

(3) Failure to furnish any bill: If plaintiff delivers no bill of particulars, the court may bar plaintiff from introducing evidence at trial in support of the account claimed. [Ca Civ Pro Sec. 454]

(a) Discretionary: Ca Civ Pro Sec. 454 seems to make the granting of such order automatic ("[the party] must deliver the account . . . or be precluded from giving evidence thereof"). But courts have interpreted this as merely giving the judge discretion to exclude plaintiff's evidence for failing to furnish a bill of particulars. [McCarthy v. Mt. Tecarte Land & Water Co., supra, 110 Cal. at 692, 43 P at 392]

( Procedure: The court has power to make such an order at trial or any time beforehand. [burton v. Santa Barbara Nat'l Bank, supra]

Hope that helps.

Super

[calawyer]

Calawyer, do you have some info what form should bill of particulars be submitted? If my Plaintiff expects an Answer from me, can I instead file demand for bill or they should go together?

I am new to this site, please bare with me...

Thanks a lot!

eku

You must file an answer to the complaint or the plaintiff can take your default and get a judgment.

You may serve a demand for BOP with your answer or later. It is up to you.

[EKU]

Hi,

"You must file an answer to the complaint or the plaintiff can take your default and get a judgment"

They already got a Default judgment (I've never seen my papers...)

but I was able to set it aside, now plaintiff wants an Answer but i intend to file General Denial and BOP instead. Will it work?

Thanks!