Bill of Particulars

[SoStressed]

Hi..I need help clarifying my next step.

I'm being sued on account stated and open book account.

I sent the Plaintiff a BOP, and the lawyer returned it stating it was not appropriate because of account stated.

They are also stating "open book account" as a cause of action against me.

Legally, arent they needing to fill out the BOP for the open book account claim?

What she did include  "in the spirit of Discovery" was Affidavit of sale of account by original creditor (not specific to my alleged account), credit card agreement (generic, no dates or account numbers), and  account statements from closing date onward.

From what I've read BOP does not count toward Discovery questions.

Since I can only have 35 questions total in discovery for my Interrogatories, Request for Documents and Admissions- How do I get this info from them so It doesnt count towards Discovery? And 

How does what she did send me factor in?  Do I assume what she sent me is the only copy or version of what they have?  Meaning, should I assume they dont have a Bill of Sale that is tied to my alleged account to prove legal standing?  Or does that not matter in So. California?

 

thank you!

[SoStressed]

In addition... Can I file a Motion to Dismiss since I see by what the lawyer sent me in BOP that the Bill of Sale is not conected to my account in any way?  Or might they have some other proof?

 

Thanks..

[BV80]

1 hour ago, SoStressed said:

In addition... Can I file a Motion to Dismiss since I see by what the lawyer sent me in BOP that the Bill of Sale is not conected to my account in any way?  Or might they have some other proof?

 

Thanks..

You could, but considering discovery has not been conducted, you cannot say for a fact that the plaintiff cannot prove its case.  Read all the posts by @RyanEX and calawyer.