fett

Need sample template for a Bill of Particulars

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I filed my motion to compel BOP today...what information are you looking for?

Basically just the text template that I can customize to my California-specific case. I love how Calawyer puts up the actual copy and paste of stuff that can be modified. I can't seem to find a good template like that on the forums after I search

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Basically just the text template that I can customize to my California-specific case. I love how Calawyer puts up the actual copy and paste of stuff that can be modified. I can't seem to find a good template like that on the forums after I search

There is a template on page two of this thread (use the one that has the notice of motion, Memo of ps and as and declaration). Also some advice for CMCs on page 1:

http://www.creditinfocenter.com/forums/there-lawyer-house/307597-objection-bop-2.html

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Just got a response to my 2nd request for BOP/Meet & Confer letter....I used the template that Calawyer gave me in post #16 of this thread.....the letter states:

"Mr. XXXX

I am in receipt of your letter dated July 7, 2011, wherein you indicate your displeasure with our previous bill of particulars. As an initial matter I am slightly confused as to your characterization of our resonse as an "objection". Nowhere on the original resonse was any objection asserted, conversely presently available documents were provided and the response indicated that if and when additional documents wer located they would be provided to you. Enclosed with this letter please find Plaintiff's further response to your original request.

With the further response you will find that all statements from a zero balance have been provided to you. Therefore, your concern regarding our Open Book Account cause of action should be satisfied.

As to your assertion that the underlying contrract or a contract of assignment was not provided is without merit. The enclosed further response, taken in connection with our initial response, is complete and not lacking in any way regarding CCP 454.

Code of Civil Procedure 454 states:

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 demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court of judge thereof may order a further account when the one delivered is too general, or is defective in any particular.

As such, ou have been provided with a complete Bill of Particulars.

My direct line is .........."

They enclosed more statements that went back to 2006. In the letter, it states that "you will find that all statements from a zero balance have been provided to you. Therefore, your concern regarding our Open Book Account cause of action should be satisfied"; however, the oldest statement they enclosed shows a balance of over $5k in the previous balance.

What am I to do now? Are they right? Should I still do a motion to compel?

Edited by fett
more info

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They enclosed more statements that went back to 2006. In the letter, it states that "you will find that all statements from a zero balance have been provided to you. Therefore, your concern regarding our Open Book Account cause of action should be satisfied"; however, the oldest statement they enclosed shows a balance of over $5k in the previous balance.

What am I to do now? Are they right? Should I still do a motion to compel?

Only you know if they are right. You say, "They enclosed more statements that went back to 2006." Have you been provided ALL of the statements since the account opened? If so, they have complied with the BOP.

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Even though he asserts in the letter that he provided me statements from zero balance, he is wrong.....the oldest statement shows a balance of several thousand dollars, so I guess he still hasn't satisfied the demand for BOP....I am just not sure how a judge will see it.

Actually I think he didn't pay enough attention and was probably looking at the rewards balance that was associated with the account that was at zero....I am guessing that this guy is just trying to throw big words at me and hope that and his law degree will scare me into ignoring the facts.

Edited by fett

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The BOP must go from zero at the beginning of the account to the end showing the final balance you are being sued for.

I'd send another meet and confer - state the BOP is still deficient because there is still a considerable amount of information missing.

After that, maybe think about a motion to compel or motion in limine.

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Thanks, I actually asked this question before, but when I send a meet and confer letter, how do I title it?

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I've done a ton of research as well as using this forum and you don't need to title it anything. It is just a letter, the first line of which you probably want to say something like:

This letter is an attempt to meet and confer regarding (fill in the blank).

According to Nolo you put:

Attorney's Name and address

Re: (name of the case -- Plaintiff name v. Defendant name)

Case No: ________

Dear ___________:

This letter is an attempt to meet and confer...

I hope this helps! I have received temendous help and hope to pass on even a little!!

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Thanks, I actually asked this question before, but when I send a meet and confer letter, how do I title it?

It is just a letter. You address it to the opposing attorney and point out the deficiencies in plaintiff's response. You do not file the letter with the Court. The only reason you do one at all is the statute requires meeting and conferring before filing a motion to compel. See, e.g. CCP 3030.300 (B). If you have to file a motion, you will attach the letter and any response to your declaration.

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Do I still file a POS for the letter? And do I say on the POS that it was a meet and confer letter?

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The BOP must go from zero at the beginning of the account to the end showing the final balance you are being sued for.

I'd send another meet and confer - state the BOP is still deficient because there is still a considerable amount of information missing.

After that, maybe think about a motion to compel or motion in limine.

Well I looked at the statements again from Aug 06 to 2009 and noticed that in the Dec 06 statement, there is a zero balance when the account is paid off. So I guess technically he did provide me from a zero balance although it is not all the transactions from the opening of the account.

My Case Management Conference is today....wish me luck....I have no idea what I am doing

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One more thing.....I never received a copy of the Plaintiff's Case Management Statement.....was I supposed to? The online docket shows that he filed it (even though the dates are all screwed up....shows me filing my CMS 10 days before I actually did)

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Just got back from CMC. The rent-a-lawyer stated we had not reached a settlement because I didn't want to talk. The judge seemed to talk down to me and stated that I attached my debt validation letters (prior to lawsuit) to my Case Management Statement. In those letters, I instructed them to not call me at home or at work. The judge used this as the excuse as to why H&H did not call me back after I left a voicemail. I told him that I sent those letters prior to the lawsuit and left them my phone number on the voicemail; however, he still gave me an attitude that H&H was just following my instructions so it was my fault that we haven't settled or talked. A continued CMC was scheduled for mid-November and trial was set for December 1. The rent-a-lawyer met me outside the courtroom and seemed genuinely likeable, but then another attorney walked up into our conversation and they started what seemed like a "staged" conversation with me there......"Wow, Citibank really comes after them hard?" "I have never lost one of these cases.....it would really be a good idea to settle for 70 or 80%....at least they will let you make payments. If not, you will definitely lose and pay full amount plus fees, so you might as well settle at 80%." One of the guys went on to say that the trial will last 5 minutes and he will hand over a stack of statements with a declaration and I will lose and pay full amount plus fees.

It was amazing how "staged" the conversation seemed, as the other lawyer walked out of the courtroom and immediately butt into the conversation.

Edited by fett

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It was also pretty obvious that both attorneys knew each other pretty well as they were talking about personal stuff after I walked away.

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One of the guys went on to say that the trial will last 5 minutes and he will hand over a stack of statements with a declaration and I will lose and pay full amount plus fees.

Lame. He's not submitting any declaration without complying with CCP 98:

CCP section 98.

A party may, in lieu of presenting direct testimony, offer the

prepared testimony of relevant witnesses in the form of affidavits or

declarations under penalty of perjury. The prepared testimony may

include, but need not be limited to, the opinions of expert

witnesses, and testimony which authenticates documentary evidence. To

the extent the contents of the prepared testimony would have been

admissible were the witness to testify orally thereto, the prepared

testimony shall be received as evidence in the case, provided that

either of the following applies:

(a) A copy has been served on the party against whom it is offered

at least 30 days prior to the trial, together with a current address

of the affiant that is within 150 miles of the place of trial, and

the affiant is available for service of process at that place for a

reasonable period of time, during the 20 days immediately prior to

trial.

(B) The statement is in the form of all or part of a deposition in

the case, and the party against whom it is offered had an

opportunity to participate in the deposition.

The court shall determine whether the affidavit or declaration

shall be read into the record in lieu of oral testimony or admitted

as a documentary exhibit.

Do a search for CCP 98 on this bord to see how this usually plays out at trial.

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.

THIS is sweet. Michigan seems to make it incredibly easy for CA's to collect, and Defendant's to bite the bullet. In Michigan, you have to "ask" the CA if they will agree to Discovery, and they can say no lol. Then you have to file for compliance, but only after you've asked them in front of the judge. :shock:

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Quote fail.

Quote:

Originally Posted by calawyer View Post

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.

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Just an update....been taking a break from the stress of this and will attempt to call H&H this week to see about settling or to get an idea of where they are at. I saw a BK attorney last week for a free consult, not because I want to file BK, but to see what he thought of my progress on my case.....of course he tells me that I am just putting off the inevitable and that I am doomed to lose and pay the entire amount plus fees, so I should pay him $3500 to file BK because in his professional opinion that is my best alternative! Thank goodness it was a free consult through my employer's legal plan and I didn't pay for that.....F'n attorneys.....

Will update soon

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When I was sued by Citi which was represented by H&H all I did was ask for a BoP and they never gave me one till like 1 week before trial. They called me the day before the trial to attempt to settle for like 50%. I just told him no and any counter-offer from me was a waste of time cause they would never accept it.

On date of the trial I showed up and they had some rent a lawyer dismiss the case without prejudice.

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When I was sued by Citi which was represented by H&H all I did was ask for a BoP and they never gave me one till like 1 week before trial. They called me the day before the trial to attempt to settle for like 50%. I just told him no and any counter-offer from me was a waste of time cause they would never accept it.

On date of the trial I showed up and they had some rent a lawyer dismiss the case without prejudice.

What county was it in? Was there BOP just a bunch of statements? I'd like to know more detail of how you dealt with them.

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