![]() ![]() If plaintiff fails to provide a further bill of particulars after being ordered by the court to do so, the court may bar plaintiff from introducing evidence at trial in support of the account claimed if the defendant makes a motion to preclude the introduction of evidence at the trial. ![]() If no further response is received then a motion can be filed. If a defective response to a demand for bill of particulars is received, the defendant should first send a letter to plaintiff requesting a more detailed response. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular."Ī California Court of Appeal ruled in a published case that if the information provided in the bill of particulars is too general or is incomplete that the defendant can file a motion to request a further bill of particulars. This type of response is clearly defective and the defendant should file a motion for a further bill of particulars on the grounds that a more specific bill of particulars is needed in order for them to prepare a defense.Ĭode of Civil Procedure § 454 states in pertinent part that, "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. Many assignees of credit card companies will respond by simply providing a statement showing the total amount alleged to be due without providing the details of each charge such as the date of purchase of the items set forth or the type of goods purchased. Often the response of a plaintiff to a demand for a bill of particulars is too general or is incomplete. Requesting a further bill of particulars in California is the topic of this blog post.
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