credit2011

Just received Summons and Complaint but no proof of service.

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I cant seem to find a template here for the MTC BOP. Any links are appreciated- I did some searches here but cant seem to find one.

I can't post from my computer anymore and can only use my phone; so I can't do much anymore. I think String or Helpme may have one.

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Thanks for your response- it means a lot to me when people take the time out of their day.

 

I am not sure to write a final letter to the lawyer unless it is sending them a conformed copy of a  Motion for BOP. Not sure what this is  (what is the cost? Cheaper than MTC?)-

 

I already sent a BOP and  they did not respond. Is their an example somewhere of the Motion for  BOP  and does it have to have all those statements that go along with a MTC? I would rather let them get things filed with the court from now on so they know I mean business and its on the record.  If they ignored my BOP and M&C I feel they are not going to do anything unless they get a conformed item from me that is filed with the court.

 

 

I don't want them to come up with something they think they can use in court and it  gets accepted by some idiot judge who rules in favor of these attorneys by communicating to the lawyer. - Please correct me if I am wrong.

Hey credit,

 

This is a final meet & confer. You will basically timeline what you  have done to resolve this issue then you will state that they have ignored your requests and have not responded to any of your m&c letters. This way when you finally file your mtc bop you can add this as one of your exhibits.

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Credit,

Here is a list/title of all the documents that should be filed for a "Noticed" Motion based on my experience. Clearly, we are all filing Pro Se and learning so let me assure you I didn't know this early on either. So really just passing along what I have learned.

For the most professional filing you can do, here is the list- Personally each of these should be a seperate document.

1. NOTICE OF MOTION AND MOTION TO COMPEL REPSONSE TO BILL OF PARTICULARS, MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION IN SUPPORT OF DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER OF PRECLUSION.

This document gives Notice to the otherside, which is required by CCP and Court rules in most instances. It tells what you are asking for and the documents that will be included.

2. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS AND MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER FOR PRECLUSION.

This document outlines the facts and circumstances to bring the court up to date on the filings and timeline, then discusses any law, procedure case citations to support what you are asking the court to do.

3. DECLARETION IN SUPPORT OF DEFENDANTS MOTION TO COMPEL BILL OF PARTICULARS AND OR PRECULDE EVIDENCE

This document is key, because an affidavit or declaration is considered testimony, as if given live, assuming you are a party to the law suit. It supports by testitmoney that the things you plead in your pleadings, have happened actually have. I sent X to plaintiff on such and such date and they never resposnded.

4. NOTICE OF LODGMENT OF EXHIBITS IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER FOR PRECLUSION.

This document gives the court all the exhibits you have mentioned in your pleading and offers them into evidence formally for the court to consider. While technical in nature, to show the court that you aren't the normal Pro Se filer, it is a nice touch.

5. [PROPOSED] ORDER GRANTING DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER FOR PRECLUSION.

This tells the court what you propose the order should be. It also makes clear to the otherside the possible outcomes that could be ordered. So when they are writing their opposition to the Motion they can address any possible order request.

6. ORDER GRANTING DEFENDANTS MOTION TO COMPEL BILL OF PARTICULARS AND/OR PRECULDE EVIDENCE

This is a final order the court can just sign if the court agrees with you completely.

7. Proof of Service.

As you can see producing and filing a Motion can be alot of work, to do it at a high level. I can assure you that the court/judge or judges clerk like when you go the extra mile. May not affect the final ruling, but they take notice of good, strong and well formatted filngs.

Final once you have your final documents prepared remember in many jursidictions you need to call and get a hearing date prior to filing. There are rules to the amount of time you need prior to filing and sending your motion. In my jursidiciton a Motion to Compel regarding discovery you need at least 16 days + 5 for mailing time prior to the hearing being set.

Best of Luck

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Credit,

Here is a list/title of all the documents that should be filed for a "Noticed" Motion based on my experience. Clearly, we are all filing Pro Se and learning so let me assure you I didn't know this early on either. So really just passing along what I have learned.

For the most professional filing you can do, here is the list- Personally each of these should be a seperate document.

1. NOTICE OF MOTION AND MOTION TO COMPEL REPSONSE TO BILL OF PARTICULARS, MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION IN SUPPORT OF DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER OF PRECLUSION.

This document gives Notice to the otherside, which is required by CCP and Court rules in most instances. It tells what you are asking for and the documents that will be included.

2. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS AND MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER FOR PRECLUSION.

This document outlines the facts and circumstances to bring the court up to date on the filings and timeline, then discusses any law, procedure case citations to support what you are asking the court to do.

3. DECLARETION IN SUPPORT OF DEFENDANTS MOTION TO COMPEL BILL OF PARTICULARS AND OR PRECULDE EVIDENCE

This document is key, because an affidavit or declaration is considered testimony, as if given live, assuming you are a party to the law suit. It supports by testitmoney that the things you plead in your pleadings, have happened actually have. I sent X to plaintiff on such and such date and they never resposnded.

4. NOTICE OF LODGMENT OF EXHIBITS IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER FOR PRECLUSION.

This document gives the court all the exhibits you have mentioned in your pleading and offers them into evidence formally for the court to consider. While technical in nature, to show the court that you aren't the normal Pro Se filer, it is a nice touch.

5. [PROPOSED] ORDER GRANTING DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER FOR PRECLUSION.

This tells the court what you propose the order should be. It also makes clear to the otherside the possible outcomes that could be ordered. So when they are writing their opposition to the Motion they can address any possible order request.

6. ORDER GRANTING DEFENDANTS MOTION TO COMPEL BILL OF PARTICULARS AND/OR PRECULDE EVIDENCE

This is a final order the court can just sign if the court agrees with you completely.

7. Proof of Service.

As you can see producing and filing a Motion can be alot of work, to do it at a high level. I can assure you that the court/judge or judges clerk like when you go the extra mile. May not affect the final ruling, but they take notice of good, strong and well formatted filngs.

Final once you have your final documents prepared remember in many jursidictions you need to call and get a hearing date prior to filing. There are rules to the amount of time you need prior to filing and sending your motion. In my jursidiciton a Motion to Compel regarding discovery you need at least 16 days + 5 for mailing time prior to the hearing being set.

Best of Luck

Thanks for this- its a good review. I feel I can beat them at their own game with all the help I am getting here - Trial is next year-but I want to have all this on record now and timely to show how weak they are.

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Credit,

Here is a list/title of all the documents that should be filed for a "Noticed" Motion based on my experience. Clearly, we are all filing Pro Se and learning so let me assure you I didn't know this early on either. So really just passing along what I have learned.

For the most professional filing you can do, here is the list- Personally each of these should be a seperate document.

1. NOTICE OF MOTION AND MOTION TO COMPEL REPSONSE TO BILL OF PARTICULARS, MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION IN SUPPORT OF DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER OF PRECLUSION.

This document gives Notice to the otherside, which is required by CCP and Court rules in most instances. It tells what you are asking for and the documents that will be included.

2. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS AND MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER FOR PRECLUSION.

This document outlines the facts and circumstances to bring the court up to date on the filings and timeline, then discusses any law, procedure case citations to support what you are asking the court to do.

3. DECLARETION IN SUPPORT OF DEFENDANTS MOTION TO COMPEL BILL OF PARTICULARS AND OR PRECULDE EVIDENCE

This document is key, because an affidavit or declaration is considered testimony, as if given live, assuming you are a party to the law suit. It supports by testitmoney that the things you plead in your pleadings, have happened actually have. I sent X to plaintiff on such and such date and they never resposnded.

4. NOTICE OF LODGMENT OF EXHIBITS IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER FOR PRECLUSION.

This document gives the court all the exhibits you have mentioned in your pleading and offers them into evidence formally for the court to consider. While technical in nature, to show the court that you aren't the normal Pro Se filer, it is a nice touch.

5. [PROPOSED] ORDER GRANTING DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER FOR PRECLUSION.

This tells the court what you propose the order should be. It also makes clear to the otherside the possible outcomes that could be ordered. So when they are writing their opposition to the Motion they can address any possible order request.

6. ORDER GRANTING DEFENDANTS MOTION TO COMPEL BILL OF PARTICULARS AND/OR PRECULDE EVIDENCE

This is a final order the court can just sign if the court agrees with you completely.

7. Proof of Service.

As you can see producing and filing a Motion can be alot of work, to do it at a high level. I can assure you that the court/judge or judges clerk like when you go the extra mile. May not affect the final ruling, but they take notice of good, strong and well formatted filngs.

Final once you have your final documents prepared remember in many jursidictions you need to call and get a hearing date prior to filing. There are rules to the amount of time you need prior to filing and sending your motion. In my jursidiciton a Motion to Compel regarding discovery you need at least 16 days + 5 for mailing time prior to the hearing being set.

Best of Luck

On 4-5 and 6 I dont think I used those with my MTC for another case I have- They seem like all separate documents.  I also believe no one else here gave me examples of those to use in my MTC - where can those be found?

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Here are examples-

 

 

PROPOSEDOrder Defendant Motion to Compel Bill of Particulars Redacted.doc

 

Order Defendant Motion to Compel Bill of Particulars Redacted.docHere are the examples you requested.

 

For the Proof of Service on this filing I use POS-040 and POS-040(D), this California form allows you to list each document seperately that you have served regarding your motion.  Again, maybe not be completely necessay, but there is no wiggle room to argue what was filed and sent to the otherside......You can find this on the California Civil Forms site, look under Proof of Service.

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Credit,

You may already know this but here are some tips I learned the first couple of filings. These may seem simple, but doing this work the first or second time as Pro Se, we don't always think of everything. This alot of work because we are learning as we go, trying to get formatting to work on numbered line paper on the computer. Bouncing back and forth to posts and the internet for different information. Eye are tired many times it is late at night with work in the morning and trying to get the clerks office early so we don't have to wait 2 hours to file. And of course FEAR, that we haven't done something correctly.

1. You will need 3 copies of all documents you will file, for the court to time/date stamp. So when printing your final documents only print 1 copy, because you will need to sign the document. If you print 3 copies prior to signing you will be disappointed when you have to toss 2 of the copies because you realize they aren't signed....Print 1 copy, sign that copy, then make 2 copies of the signed documents.

2. Use Blue ink to sign the original, if allowed by your court. This makes it easy to determine which copy is the orignal. The court clerk needs the orignal signed copy for the file. This will make it very easy to determine for you and the clerk. they will like this.

3. Always treat the court clerks nicely, they are the gate keepers to getting your filing done. Treat them well and if you have a problem they may help, if you are an a$$, they will say something is not correct. Will not tell you what it is, and send you to the back of line. While they are public employees and paid by your tax dollars, don't try to flex your "I pay your salary" musceles with these folks.

Best of Luck

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Here are examples-

 

 

attachicon.gifPROPOSEDOrder Defendant Motion to Compel Bill of Particulars Redacted.doc

 

attachicon.gifOrder Defendant Motion to Compel Bill of Particulars Redacted.docHere are the examples you requested.

 

For the Proof of Service on this filing I use POS-040 and POS-040(D), this California form allows you to list each document seperately that you have served regarding your motion.  Again, maybe not be completely necessay, but there is no wiggle room to argue what was filed and sent to the otherside......You can find this on the California Civil Forms site, look under Proof of Service.

Thanks for these!

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Here are examples-

 

 

attachicon.gifPROPOSEDOrder Defendant Motion to Compel Bill of Particulars Redacted.doc

 

attachicon.gifOrder Defendant Motion to Compel Bill of Particulars Redacted.docHere are the examples you requested.

 

For the Proof of Service on this filing I use POS-040 and POS-040(D), this California form allows you to list each document seperately that you have served regarding your motion.  Again, maybe not be completely necessay, but there is no wiggle room to argue what was filed and sent to the otherside......You can find this on the California Civil Forms site, look under Proof of Service

I dont see the difference between the two documents

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They should be the same exactly.

The Proposed Order is outlines the remidies you are requesting. The court may agree or not agree. If the court was to agree completely, then supplying a final order with your filing, allows the court to sign the final order, motion completed.

In many instances the court may agree with a portion of the your remedies and you will need to make adjustments to the Final Order. If this happens you will take your document make those adjustments and submit to court and otherside.

Finally, I like to defend the case as though what I am filing is what should be done. Or possibly here are the only choices. This shows confidence in the filing and arguments to the otherside and the court. Certainly I could be wrong, but if you are going to pay $40 bucks to have the court decide something, I want my resolution to be easy for them to agree with.

Here is the order it "Sign It"!

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They should be the same exactly.

The Proposed Order is outlines the remidies you are requesting. The court may agree or not agree. If the court was to agree completely, then supplying a final order with your filing, allows the court to sign the final order, motion completed.

In many instances the court may agree with a portion of the your remedies and you will need to make adjustments to the Final Order. If this happens you will take your document make those adjustments and submit to court and otherside.

Finally, I like to defend the case as though what I am filing is what should be done. Or possibly here are the only choices. This shows confidence in the filing and arguments to the otherside and the court. Certainly I could be wrong, but if you are going to pay $40 bucks to have the court decide something, I want my resolution to be easy for them to agree with.

Here is the order it "Sign It"!

What  about this one? 4. NOTICE OF LODGMENT OF EXHIBITS IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER FOR PRECLUSION.

I would be attaching my exhibits to this? Wouldn't I just attach them with the "NOTICE OF MOTION AND MOTION TO COMPEL REPSONSE TO BILL OF PARTICULARS, MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION IN SUPPORT OF DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER OF PRECLUSION" ?

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What  about this one? 4. NOTICE OF LODGMENT OF EXHIBITS IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER FOR PRECLUSION.

I would be attaching my exhibits to this? Wouldn't I just attach them with the "NOTICE OF MOTION AND MOTION TO COMPEL REPSONSE TO BILL OF PARTICULARS, MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION IN SUPPORT OF DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER OF PRECLUSION" ?

You certainly could do that, attached is the document I have used in the past. Very simply, but again, this is about perception and winning the perception battle with the court and the otherside.

The more professional and consistent your filings are, the quicker the otherside and courts view of you as Pro Se defendant changes. Point is the courts and otherside don't think alot of us who come to their playground and attempt to play the game. They would just as soon have the game to themselves. We don't help ourselves at the play ground when documents we file are sloppy and way outside the norm.

Certainly you have to have reasonable true and correct legal arguments. But why not get the otherside to begin thinking early in the case, yikes who ever is doing this filing seems to have a grasp of the process and demands of legal acumen.

Then once you get them in a box, where they have missed something, or made the mistake that kills there case, they already know that you will be hitting them and the court with professional filings that the court is likely to accept. Based on early perceptions built with your work early in the case.

Here is a copy of the Lodgement of Exhibits document if you care to use...

Notice of Lodgment of Exhibits in Support of Motion to Compel Bill of Particulars Redacted .docx

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You certainly could do that, attached is the document I have used in the past. Very simply, but again, this is about perception and winning the perception battle with the court and the otherside.

The more professional and consistent your filings are, the quicker the otherside and courts view of you as Pro Se defendant changes. Point is the courts and otherside don't think alot of us who come to their playground and attempt to play the game. They would just as soon have the game to themselves. We don't help ourselves at the play ground when documents we file are sloppy and way outside the norm.

Certainly you have to have reasonable true and correct legal arguments. But why not get the otherside to begin thinking early in the case, yikes who ever is doing this filing seems to have a grasp of the process and demands of legal acumen.

Then once you get them in a box, where they have missed something, or made the mistake that kills there case, they already know that you will be hitting them and the court with professional filings that the court is likely to accept. Based on early perceptions built with your work early in the case.

Here is a copy of the Lodgement of Exhibits document if you care to use...

attachicon.gifNotice of Lodgment of Exhibits in Support of Motion to Compel Bill of Particulars Redacted .docx

thanks for this- this one is simple. Did you see the attached doc I posted above as my MTC example of what I wrote-I think I covered all bases. It just worries me that (from one of my other posts about mailings from plaintiffs and how they dont send certified mail to defendants) that when trial comes, they will say they sent it and come up with a response to the MTC I never got. Its unfair if that were to happen.-Oh and just to clarify all these docs will be under one filing fee correct?

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thanks for this- this one is simple. Did you see the attached doc I posted above as my MTC example of what I wrote-I think I covered all bases. It just worries me that (from one of my other posts about mailings from plaintiffs and how they dont send certified mail to defendants) that when trial comes, they will say they sent it and come up with a response to the MTC I never got. Its unfair if that were to happen.-Oh and just to clarify all these docs will be under one filing fee correct?

 

All the documents will be under one filing fee, Although that is why I suggested the POS-040, because it helps the clerk understand it is all one motion.

 

They will have to supply a POS to the court for any response that they make to your motion.  I have not experienced them not sending a copy of a response.  The reason is you being the party bringing the Motion get to respond to their opposition to the motion.  You get the last word, so to speak.

 

I haven't read what you wrote, but if I remember they failed to respond at all, correct.  If this is the case your Motion is pretty straight forward, but I will try to go find and read what you included. 

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Credit,

 

 

I had a chance to read the document you posted.  The primary thing I would change is to be sure to drive home the following, which I don't see spelled out:

 

Plaintiff has alleged a cause of action CC-1(a)(1) for “Open Book Account” and CC-1(B)(3) “goods, wares and merchandise sold and delivered to defendant for which defendant promised to pay plaintiff”.

 

Remember I can't see the complaint, but usually along with "Account Stated" in the last 4 years, they also have the Common Counts listed above.  You will need to check you complint to make sure the items reference above are on your complaint.

 

What this means is the Plaintiff is pleading (3) casuses of action for the damages. You want to hammer this point home, because the otherside is going to say we are pleading Account Stated and BOP is not required, just as they did in their answer to the BOP, when they sent you a single statement with the final balance that matched what they are suing your for.

 

So you need your motion to be clear that the BOP is required an answer based on the other Common Counts they are pleading.  This is key to your motion having a chance..... 

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Credit,

 

 

I had a chance to read the document you posted.  The primary thing I would change is to be sure to drive home the following, which I don't see spelled out:

 

Plaintiff has alleged a cause of action CC-1(a)(1) for “Open Book Account” and CC-1( B)(3) “goods, wares and merchandise sold and delivered to defendant for which defendant promised to pay plaintiff”.

 

Remember I can't see the complaint, but usually along with "Account Stated" in the last 4 years, they also have the Common Counts listed above.  You will need to check you complint to make sure the items reference above are on your complaint.

 

What this means is the Plaintiff is pleading (3) casuses of action for the damages. You want to hammer this point home, because the otherside is going to say we are pleading Account Stated and BOP is not required, just as they did in their answer to the BOP, when they sent you a single statement with the final balance that matched what they are suing your for.

 

So you need your motion to be clear that the BOP is required an answer based on the other Common Counts they are pleading.  This is key to your motion having a chance..... 

Thanks for noticing this. They are suing for account stated, money lent paid or expended- so how would I word that addition to the MTC? 

 

They do mention in account stated that the original creditor assigned or otherwise transferred all of its right tile and interest to plaintiff and all the other standard stuff.

 

 

So- I would add this- 

Plaintiff has alleged a cause of action CC-1(a)(1) for “Open Book Account” and CC-1( [B)] (3) “goods, wares and merchandise sold and delivered to defendant for which defendant promised to pay plaintiff”.The BOP is required based on the common counts that plaintiff is alleging. A copy of the original assignment from the original creditor HSBC bank that that  makes an exact reference this account was sold to Cach, LLC. Proof of last payment made on the account so show alleged balance owing, Original letter from HSBC as to when the account was closed. All records of payments and credits onthe account from the original creditor.

 

(please note they sent me in the BOP an affidavit of sale - one page that has the last 4 of my account numbers  on it and my name and amount owed and the name Cach on it it is signed ny some VP secretary of Finance, dated and notarized state of Delaware  with a 2014 date on it , and one page of what they allege is the last statement around 2012.

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If it were my motion I would simply state why the Motion should be granted based on the following that you have written:

 

Plaintiff has alleged a cause of action CC-1(a)(1) for “Open Book Account” and CC-1( [ B)] (3) “goods, wares and merchandise sold and delivered to defendant for which defendant promised to pay plaintiff”.The BOP is required based on the common counts that plaintiff is alleging.

 

 

Once you start adding all the items you believe are part of the Bill of Particulars, that veer away from the statute as written.  You leave yourself open for the arguement that the MTC is not neccessary as you can request Bill of Sale and the like in discovery....You are entitle to:

 

CCP 454.  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 a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court or judge thereof may order a further account when the onedelivered is too general, or is defective in any particular.

 

What they have send is defective because there are no charges or payments to know if the balance is accurate, in the amount they are suing for.  What goods and wares were allegedly purchase, from where was it purchased, what date were these transactions?
 

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So basically just place this in the MTC-

as entererd

 

Plaintiff has alleged a cause of action CC-1(a)(1) for “Open Book Account” and CC-1( [ ] (3) “goods, wares and merchandise sold and delivered to defendant for which defendant promised to pay plaintiff”.The BOP is required based on the common counts that plaintiff is alleging.

 

what does the CC mean? credit card?

 

what exact section of the BOP do I enter this in? Arguments?

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You certainly could do that, attached is the document I have used in the past. Very simply, but again, this is about perception and winning the perception battle with the court and the otherside.

The more professional and consistent your filings are, the quicker the otherside and courts view of you as Pro Se defendant changes. Point is the courts and otherside don't think alot of us who come to their playground and attempt to play the game. They would just as soon have the game to themselves. We don't help ourselves at the play ground when documents we file are sloppy and way outside the norm.

Certainly you have to have reasonable true and correct legal arguments. But why not get the otherside to begin thinking early in the case, yikes who ever is doing this filing seems to have a grasp of the process and demands of legal acumen.

Then once you get them in a box, where they have missed something, or made the mistake that kills there case, they already know that you will be hitting them and the court with professional filings that the court is likely to accept. Based on early perceptions built with your work early in the case.

Here is a copy of the Lodgement of Exhibits document if you care to use...

attachicon.gifNotice of Lodgment of Exhibits in Support of Motion to Compel Bill of Particulars Redacted .docx

should I add this mention in the proof of service to the plaintiff when I send this to the them

 

4. NOTICE OF LODGMENT OF EXHIBITS IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO BILL OF PARTICULARS AND/OR ORDER FOR PRECLUSION.and  THE PROPOSED ORDER GRANTING MOTION TO COMPEL BILL OF PARTICLUALRS AND/OR PRECLUDE EVIDENCE

 

. I assume all docs included on the POS should be mentioned in the POS no matter what they are? Do I need to send those copies to the plaintiff as well or just the MTC conformed copy?

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Credit,

 

If you go to this link for California Forms find POS-040 and POS 040(D).  These will allow you to enter/list all the documents for the court and the otherside.

.

 

http://www.courts.ca.gov/forms.htm?filter=POS..

 

You send copies of everything that you file with the court, even the exhibits that they provided to you....

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