Meet and Confer Letter

[What2do?]

On March 13, 2012, Defendant sent to Plaintiff a request for a Bill of Particulars pursuant to CCP 454. On March 20, 2012, Plaintiff responded to Defendant’s demand for Bill of Particulars by contending that a Bill of particulars is inapplicable to plaintiff’s causes of action.

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 breach of contract. A Bill of Particulars is appropriate under this legal theory as plaintiff concedes in ultimately responding. See, Distefano v. Hall (1963) 218 Cal. App. 2d 657, 677 (“Section 454 has received a fairly broad interpretation and has been construed to cover almost any kind of contract action for a money claim made up of more than one item.”).

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.]

As the Distefano court noted, “The penalty for failure to furnish a bill of particulars, when one has been demanded, is that no evidence will be allowed in support of the cause of action pleaded.” Please provide a complete response within 10 days or 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.

Thank you Calawyer for your help w/ this Meet and Confer Letter!! You rock!!!! And to answer you question per our PM Calawyer... yes, the plaintiff has only provided me with statements that demonstrate only the amount owed... it doesn't show any charges, or payments made. So, Calawyer do you believe this Meet and Confer Letter should be sufficient enough?! Now do I start working on my 'Motion to Compel'?! Any advice from anyone, to this thread would be greatly appreciated!!

[1stStep]

That meet and confer should work... I'd fax it and send it CMRRR.

[What2do?]

Okay so I sent my 'Meet and Confer Letter' Certified RRR and by Fax. Now, I start working on the Motion to Compel, Correct?!

Thanks in advance for your response(s)!!

[1stStep]

Make it a motion to compel/preclude...in other words, in your prayer for relief, you give the judge the option of compelling a response, or precluding their "evidence" from being introduced at trial.