quagga

Help with Discovery Answers in California

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Hello Adsoft

Also your second letter is just a letter or is done on pleading paper? I assume I'll need proof of service as well?

I don't know if this would be a problem but when I sent out my Original BOP it was not in the same language as yours. I actually listed account stated in the request. I'm gonna send the followup just wanted to ask the question though.

DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procudure 454 to furnish to defendant, within ten days hereafter, a bill of particullars setting forth the items and details of the account on which the cause of action for ACCOUNT STATED for which 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 such item or transaction; and all payments or credits that have been made to the account starting from a zero balance. Please also provide a copy of the original contract between plaintiff and defendant and a copy of any agreement assigning to plaintiff the account at issue in this litigation.

Edited by quagga

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Nope you can't have ACCOUNT STATED in there, If you did have that on your original BOP you have to resend it. That would violate your original BOP. Post your original BOP.

Also go find my second letter and post it.

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Here you go could you help me with the wording. Their Causes of Actions are Breach of Contract and Account Stated.

Nope you can't have ACCOUNT STATED in there, If you did have that on your original BOP you have to resend it. That would violate your original BOP. Post your original BOP.

Plantiff

Defendant

DEMAND FOR BILL OF PARTICULARS PROPOUNDED BY DEFENDANT TO PLAINTIFF

1. TO PLAINTIFF, PORTFOLIO RECOVERY ASSOCIATES, LLC, AND THEIR ATTORNEY OF RECORD.

DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procudure 454 to furnish to defendant, within ten days hereafter, a bill of particullars setting forth the items and details of the account on which the cause of action for ACCOUNT STATED for which 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 such item or transaction; and all payments or credits that have been made to the account starting from a zero balance. Please also provide a copy of the original contract between plaintiff and defendant and a copy of any agreement assigning to plaintiff the account at issue in this litigation.

DATE

SIGNATURE OF DEFENDANT

Also go find my second letter and post it

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


Date: xx/xx/xxxx

To: Attorneys Name
Address & Tel
Attorney for Plaintiff::
JDB Assholes Inc.


Re: Failure to Respond to Demand for Bill of Particulars:
Case xxxxxxxxx

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 items demanded .

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,_____defendent___

Edited by quagga

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This a pretty good 1st bop in my opinion

TO PLAINTIFF, LVNV FUNDING, LLC, AND THEIR ATTORNEY OF RECORD HUNT & HENRIQUES:

DEMAND IS HEREBY MADE UPON YOU PURSUANT TO Code of Civil Procedure ยง 454 to furnish this Defendant, me, within ten days hereafter, a Bill of Particulars setting forth all items and details of the account on which the cause of action for goods and services sold and delivered of plantiff's complaint is based including the date of each item or transaction, a description of the services, materials or goods supplied or other considerations rendered, and the price or charge made for each item or transation, all payments or credits that have been made to the account and any agreement assigning the account at issue to the Plaintiff.

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