Proof of Service for BOP

[Georgie]

One last question re bill of particulars.  I've read everything I can find on it here in the forum, but still have a question.  I'm serving it with a proof of service.

Do I:     1) send original pos to plaintiff or a copy of the pos to plaintiff;

                2) send original demand for bill of particulars or a copy to the plaintiff?

 

Thank you.

[calawyer]

Responding to your post as well.

 

A BOP entitles you to "a copy of the account".  I usually ask for the assignment and any contract as well.  I don't want to say this on the forum, but we are not entitled to the assignment or contract under CCP 454.  JDBs either don't know the rule or haven't read it in a long time and usually give us the assignment and contract too.  But I wouldn't ask for more than that.  If you want further documents, we can do an RFP later.

 

Send the original signed BOP to plaintiff.

The correct way to do it is to send a proof to plaintiff all filled out but unsigned (you are supposed to sign it AFTER you have sealed the envelope and mailed it).  I will tell you, however, that no one does it correctly.  THey send a copy of the signed proof instead.