![]() ![]() If the information furnished is deemed too general or incomplete, the defendant may make a noticed motion for a further bill of particularsÄiscover what was being claimed and to prepare for trial. Many as signee s of finan ce or cr edit card companie s will r espond b y simpl y providi ng the l ast statement, a response which is clearly deficient. If, after furnishing the itemization, plaintiff finds that it was incomplete or incorrect, plaintiff must seek leave of court (by noticed motion) to amend the bill of particulars just as he or she would to amend a pleading. And if the original complaint or cross-complaint was verified the bill of particu lars mu st als o be veri fied. The demand for a bill of particulars must be in writing, and the bill of particulars must be delivered to the requesting party within 10 days. With the repeated sale and transfer of delinquent accounts, failing to utilize the demand for the bill o f particu lars is a criti cal err or. I have personally seen at least two instances where creditors dismissed cases when they could not respond to the bill of particulars. 3d 1220, 1225, (reciting fact that the demand was made and complied with.) Perhaps a reason for its declining use is that attorneys simply fail to recognize that, in the appropriate cases, a demand for a bill of particulars can be very useful in forcing plaintiff to provide all of the documentation supporting their claim This is particularly true when plaintiff is a n assignee of a finance or credit card company and thus may not have all of the documentation. Yet it remains a very useful tool for the defendant in an action on an account. Demanding a bill of particulars is a little used procedure today. A demand for a bill of particulars is a procedure outside the Discovery Act, but it does serve a discovery purpose : It enab les defe ndants w ho have be en sued ge nerally on an account (cert ain action s in cont ract or quasi-contract) to force plaintiff to itemize the account on which the complaint is based. This procedure, known as a bill of particulars, thus forces the plaintiff to itemize the total sum upon which the complaint is based. ![]() However, on written demand by the defendant, the plaintiff is required to furnish a copy of the account on which the complaint is based or be precluded from giving evidence thereof. Therefore, it is not appropriate for the defendant to demur to the complaint on the ground of uncertainty. A plaintiff who sues on an account is not required to set forth in the complaint the items of account. 1The topic of this issue of the newsletter is preparing and serving a demand for a bill of particulars in California civil litigation. ![]()
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