fett

Need sample template for a Bill of Particulars

Recommended Posts

I saw that Jewel is maybe not available anymore.

I am being sued by Hunt and Henriques supposedly representing OC Citibank. I live in California. It is approximately $21K they are suing me for a credit card account. I have asked previous to being sued two times for debt validation and the first response took about 10 months and it was just a printout of 4 monthly statements. I sent another DV letter and did not get a response. Instead, my wife was served my summons. I have filed my answer and I am currently waiting for a Case Management Conference that is set for Juy 20. I am filling out the CM110 but from what I gather from reading other posts is that I should shoot out a BOP asap.

I have scoured the internet for a good template for a BOP that fits my circumstance. Anyone have a sample template of a BOP that was helpful or successful for them?

Also, a quick BOP for Dummies tutorial would be nice. I know that I don't need to file the BOP with the court but do need to file POS. I would like to see a step-by-step course of action on the BOP.

I am still overwhelmed by all the info I am getting on the forum and am still learning the basics of the process, so I am a little stressed and jumbled in my head.

Any help is appreciated.

Thanks in advance.

Share this post


Link to post
Share on other sites

Try this..(remove $ from w w w...I can't post a web link until I get to 20 posts)

$w$w$w.scribd.com/doc/25560416/Sample-Demand-for-Bill-of-Particulars-for-California]Sample Demand for Bill of Particulars for California

Share this post


Link to post
Share on other sites
If the complaint has a cause of action "money had and received", “money lent or paid”, “goods sold and delivered”, or “quantum meruit” you can also ask for a BOP.

Try this for a form:

To PLAINTIFF________ and [its/their] attorneys of record herein:

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant ________, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit] of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account. [add anything else relevant i.e. contract assigning the account to plaintiff]

Dated: _________ _____________________

DEFENDANT

Good luck.

.

Share this post


Link to post
Share on other sites

Also, a quick BOP for Dummies tutorial would be nice. I know that I don't need to file the BOP with the court but do need to file POS. I would like to see a step-by-step course of action on the BOP.

I am still overwhelmed by all the info I am getting on the forum and am still learning the basics of the process, so I am a little stressed and jumbled in my head.

Any help is appreciated.

Thanks in advance.

Use the form posted below. Edit the bracked language as necessary per the complaint filed against you. Put the BOP on pleading paper and send to plaintiff's attorney. Have someone mail it for you and sign a proof of service. You don't need to file any of it with the court.

Then, just sit back and wait for the plaintiff not to answer :) Also, search for my posts and BOP and you will find sample meet and confer letters (if you don't get a response or the response is insufficient and also a sample motion to compel.

Good luck.

Share this post


Link to post
Share on other sites
Use the form posted below. Edit the bracked language as necessary per the complaint filed against you. Put the BOP on pleading paper and send to plaintiff's attorney. Have someone mail it for you and sign a proof of service. You don't need to file any of it with the court.

Then, just sit back and wait for the plaintiff not to answer :) Also, search for my posts and BOP and you will find sample meet and confer letters (if you don't get a response or the response is insufficient and also a sample motion to compel.

Good luck.

Hate to be the "Dummy" on this post, but.......

What form below? That you have referred to. (Guess that should be "That to which you have referred.")8-)

Share this post


Link to post
Share on other sites

Sorry CAL, my bad. Guess it was the "post above", unless it is another form 'to which you refer'.

Maybe not a Dummy. Just I just have to check logic and eyesight!!!

Share this post


Link to post
Share on other sites

how does this sound:

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant XXXXX, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for money lent or paid of plaintiff’s complaint is based to include: an agreement and/or contract of said account, date of each transaction on the said account, the price or charge made for each item, all payments or credits that have been made to the account, a detailed account of how plaintiff calculated the amount owed, and the contract assigning the account to the plaintiff and plaintiff’s attorney.

Please give me feedback. Want to mail out tomorrow

Edited by fett

Share this post


Link to post
Share on other sites
how does this sound:

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for money lent or paid of plaintiff’s complaint is based to include: an agreement and/or contract of said account, date of each transaction on the said account, the price or charge made for each item, all payments or credits that have been made to the account, a detailed account of how plaintiff calculated the amount owed, and the contract assigning the account to the plaintiff and plaintiff’s attorney.

Please give me feedback. Want to mail out tomorrow

Sorry 'bout that. I meant "above". One small sugestion in last sentence:

and any agreement assigning the account at issue to the plaintiff.

Edited by calawyer

Share this post


Link to post
Share on other sites

Thanks so much for the help.

Some more questions now that I got the ball rolling. I am a little confused about the strategy of timing when to file motions and what is more advantagous for my case. As I said earlier, my Case Mgt Conference is set for July 20. I have my CM110 pretty much done, but I do have a question on some of my answers:

When is the best time strategically to file it (if there even is a best time to do so)?

On the part asking about Discovery on my CMC110, it asks when it will be completed by.....what date should I put?

Also, when should I begin Discovery? Should I wait till after I receive (or don't receive) a response to my BOP? Or should I start it immediately?

I attempted to call the plaintiff's attorney on 6/3 to set up a meet and confer and left a message. In my CMC, I wrote into the Meet and Confer - "if not explain" section that I attempted to call them and left a voicemail with my name, case #, and contact information and have yet to get a reply at the time of this filing. I have not heard anything back yet....what should I do next?

Here is another wrench to throw in, my father has the same name as me (minus the middle name) and has used my address as his mailing address for years. He is retired and travels all over and technically doesn't have a home address. I keep his mail stacked up and every few months either he comes to visit or sends me an address to send a package full of his mail to. I know it is kinda petty, but can't one of my defenses be that plaintiff hasn't ruled out that the other "fett" who uses my address is not the owner of the alleged debt? How would I go about showing this? When is the opportune time to do this? I have stacks of his mail that obviously don't belong to me since I am too young (AARP, mail for retired persons, etc).

Thanks so much for all your help, this forum is great.

Share this post


Link to post
Share on other sites

When is the best time strategically to file it (if there even is a best time to do so)?

There is no "best time" in my opinion. Some prefer to wait until trial and file a motion in limine to prevent the use of any evidence at trial. The problem with this option is that the Judge might let them produce the documents days before trial and you won't get to do any other discovery. Others bring the motion right away and hope the Judge orders the plaintiff to do something it can't do (produce all documents). Problem with this approach is that it might cause the plaintiff to actually get the docs from the OC. It really depends on the JDB and the OC.

On the part asking about Discovery on my CMC110, it asks when it will be completed by.....what date should I put?

"Unknown". Defendant has requested basic documents [such as the agreement referred to in the complaint] [all account statements relating to the account sued upon] and plaintiff has refused to provide them It appears a motion to compel will be necessary to obtain these documents that plaintiff should have had before filing the complaint."

Also, when should I begin Discovery? Should I wait till after I receive (or don't receive) a response to my BOP? Or should I start it immediately?

I would wait unless there is something else you really need in discovery.

I attempted to call the plaintiff's attorney on 6/3 to set up a meet and confer and left a message. In my CMC, I wrote into the Meet and Confer - "if not explain" section that I attempted to call them and left a voicemail with my name, case #, and contact information and have yet to get a reply at the time of this filing. I have not heard anything back yet....what should I do next?

Nothing. You just want to be able to say in the CMC that you tried and they didn't comply. You also want to be able to complain in the CMC that the plaintiff initiated this lawsuit but won't respond to discovery and won't meet and confer for the CMC. What gives, Judge?

Here is another wrench to throw in, my father has the same name as me (minus the middle name) and has used my address as his mailing address for years. He is retired and travels all over and technically doesn't have a home address. I keep his mail stacked up and every few months either he comes to visit or sends me an address to send a package full of his mail to. I know it is kinda petty, but can't one of my defenses be that plaintiff hasn't ruled out that the other "fett" who uses my address is not the owner of the alleged debt? How would I go about showing this? When is the opportune time to do this? I have stacks of his mail that obviously don't belong to me since I am too young (AARP, mail for retired persons, etc).

Seems petty unless your Dad really is the debtor. That has a lot of complications as well.

Share this post


Link to post
Share on other sites

OK, so I sent Demand for BOP on 6/13 and have received absolutely nothing from H&H. Now I am going to send a meet and confer letter, right? I got this template from another thread; however, need advice on how to modify for NO response that will sound good and cover all my bases:

On ____, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below, plaintiffs’ response is entirely deficient.

As a preliminary matter, plaintiff’s objection to Defendant’s Bill of Particulars is not well taken. Plaintiff has alleged a cause of action for Open Book Account and for Quantum Meruit. A Bill of Particulars is appropriate under each of these legal theories as plaintiff concedes in ultimately responding.

The response served, however is not sufficient. Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Nor has it provided any contract of assignment of the claim at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit. Indeed, the only account statements plaintiff has provided demonstrate full payment of the amounts requested.

Please serve a full response on or before [insert date 10 days from date of letter]. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial.

LMK what to add or exclude....

  • Like 1

Share this post


Link to post
Share on other sites

also, do I attach/enclose a copy of the original BOP request....how do I write that into the letter? and what do I title the document ("meet and confer request", "second demand for bill of particulars", etc)?

Edited by fett

Share this post


Link to post
Share on other sites
OK, so I sent Demand for BOP on 6/13 and have received absolutely nothing from H&H. Now I am going to send a meet and confer letter, right? I got this template from another thread; however, need advice on how to modify for NO response that will sound good and cover all my bases:

LMK what to add or exclude....

On ____, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff's response was due on ______. As of the date of this letter, no such response has been received. Under CCP section 454, if a party fails to provide a response in 10 day, it will "be precluded from giving evidence thereof."

Please serve a full response on or before [insert date 10 days from date of letter]. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial.

Share this post


Link to post
Share on other sites

Nevermind....got my response today. It was basically 5 months of statements which is exactly the same thing they sent when I asked for debt validation prior to lawsuit. Here is what their response was:

In compliance with defendant's demand for a bill of particulars, plaintiff responds by attaching presently available billing statements on the account on which the complaint in this action is based. Additional statemens, if and when located, will be sent in a Supplemental Bill of Particulars. Plaintiff reserves the right to amend this bill of particulars at such time as any other statements showing transactions are located.

So do I now use the original template to send back? Also, what do I call this next correspondence?

Share this post


Link to post
Share on other sites
Nevermind....got my response today. It was basically 5 months of statements which is exactly the same thing they sent when I asked for debt validation prior to lawsuit. Here is what their response was:

In compliance with defendant's demand for a bill of particulars, plaintiff responds by attaching presently available billing statements on the account on which the complaint in this action is based. Additional statemens, if and when located, will be sent in a Supplemental Bill of Particulars. Plaintiff reserves the right to amend this bill of particulars at such time as any other statements showing transactions are located.

So do I now use the original template to send back? Also, what do I call this next correspondence?

Im dealing with H&H in my current case. a couple months ago they responded to my BOP, pretty much how they responded to you except it was only one statement. I responded to them with a meet and confer letter, they didn't really respond to that yet, the last thing i received from them was a Case Management Statement.

Share this post


Link to post
Share on other sites
Sorry 'bout that. I meant "above". One small sugestion in last sentence:

and any agreement assigning the account at issue to the plaintiff.

Thanks !

Share this post


Link to post
Share on other sites

OK so I sent my meet and confer letter....however, I titled it and filed a POS as "Demand for Bill of Particulars (2nd request)"....not sure if that is bad or not. I got the "meet and confer" thing mixed up and thought that was a short letter saying I wanted to "meet and confer". My CMC is on 7/20/11. So I sent my MAC/BOP 2nd request on 7/8. What should I be preparing for now?

Can I ask for a motion to compel at the CMC? Or should I begin preparing for it?

I quite honestly don't know what to expect at the CMC....do I actually have the CMC in court or do I meet with the plaintiff off to the side? Do I stay quiet or can I bring up my BOP and the insufficient response?

Should I begin preparing the motion to compel? Prepare Discovery?

Share this post


Link to post
Share on other sites
OK so I sent my meet and confer letter....however, I titled it and filed a POS as "Demand for Bill of Particulars (2nd request)"....not sure if that is bad or not. I got the "meet and confer" thing mixed up and thought that was a short letter saying I wanted to "meet and confer". My CMC is on 7/20/11. So I sent my MAC/BOP 2nd request on 7/8. What should I be preparing for now?

Can I ask for a motion to compel at the CMC? Or should I begin preparing for it?

I quite honestly don't know what to expect at the CMC....do I actually have the CMC in court or do I meet with the plaintiff off to the side? Do I stay quiet or can I bring up my BOP and the insufficient response?

Should I begin preparing the motion to compel? Prepare Discovery?

Not sure why you sent a second BOP. You should send the letter I drafted for you on 6/30. Delete any reference to objections if they did not object. Keep it if they did. Work on a motion to compel in the meantime.

Good luck.

Share this post


Link to post
Share on other sites

going to court prior to the 20th and observing some cases to see what to do. I've seen that recommendation on here A LOT. Also get some books from the library, there is one called something like Representing Yourself in Court by Nolo that will give you a good idea what will occur. I think seeing it in action will probably be more beneficial. I hope that helps a little.

Share this post


Link to post
Share on other sites
Not sure why you sent a second BOP. You should send the letter I drafted for you on 6/30. Delete any reference to objections if they did not object. Keep it if they did. Work on a motion to compel in the meantime.

Good luck.

Actually I did use the letter, but I entitled it "BOP request (2nd)"....instead of "meet and confer".

Share this post


Link to post
Share on other sites
going to court prior to the 20th and observing some cases to see what to do. I've seen that recommendation on here A LOT. Also get some books from the library, there is one called something like Representing Yourself in Court by Nolo that will give you a good idea what will occur. I think seeing it in action will probably be more beneficial. I hope that helps a little.

Unfortunately, I didn't find a day of CMC's that I could go to and they won't have anymore until the day of mine. I did get the Complete Idiot's Guide to Lawsuits and have been reviewing it.

Is there anything that I should request or do on the day of the CMC? Should I bring any documentation of my attempts to "meet and confer"...phone calls, BOP, etc....or is the CMC not the appropriate time to do anything.

I have checked the docket history for Hunt and Henriques in my county and noticed that a rent-a-lawyer almost always shows up.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.