Filing a motion for a further bill of particulars in California

A motion for a further bill of particulars in California is the topic of this blog post. 

Often the response of a plaintiff to a demand for a bill of particulars is too general or is incomplete. 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. 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.

Code 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. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular."

If the information furnished is deemed too general or incomplete, the defendant may make a noticed motion for a further bill of particulars. Burton v. Santa Barbara Nat'l Bank (1966) 247 Cal.App. 2d 427, 433.

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. If no further response is received then a motion can be filed.

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.

Attorneys or parties in the State of California who wish to view a portion of a sample motion for further bill of particulars sold by the author including a full memorandum of points and authorities and sample declaration can click below.

http://www.scribd.com/doc/62289322/Sample-Motion-for-Further-Bill-of-Particulars

The author of this article, Stan Burman, is a freelance paralegal with over 15 years of experience in California civil litigation. Visit his website at http://www.legaldocspro.com

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