However it remains a powerful tool for the defendant in an action on an account. A demand for a bill of particulars is very useful in collection cases as it forces the plaintiff to itemize each and every charge on which the alleged balance is based.ĭemanding a bill of particulars in California is not used as often nowadays. If the pleading is verified the account must be verified by the affidavit of the party to the effect that he believes it to be true or if the facts are within the personal knowledge of the agent or attorney for the party, or the party is not within the county where the attorney has his office or from some cause unable to make the affidavit, by the affidavit of the agent or attorney.” Advantages of a demand for a bill of particulars in California.Ī demand for a bill of particulars enables any defendant who has been sued on an account such as common counts or certain actions in contract or quasi-contract to force plaintiff to itemize the account on which the complaint is based. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular. “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. Law authorizing a demand for a bill of particulars in California.Ĭode of Civil Procedure § 454 states that, And if the original complaint or cross-complaint was verified the bill of particulars must also be verified.

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 (ten) days if personally served, fifteen (15) days if served by mail. This procedure, known as a bill of particulars forces the plaintiff to itemize the total sum upon which the complaint is based. For this reason, courts allowed a demand for bill of particulars to enable defendant to discover what was being claimed and to prepare for trial. The demand for a bill of particulars procedure dates back to the days of early common law when plaintiffs who sued on a common count gave no specifics in their pleading as to the nature of the claim such as whether it was contract, quasi-contract, etc. California law also states that if the defendant serves a written demand on the plaintiff they are required to furnish a copy of the account on which the complaint is based or be precluded from giving evidence thereof. The law in California states that it is not necessary for a plaintiff who sues on an account to include the items of any account in their complaint. A demand for a bill of particulars in California is the topic of this blog post.

Bill of particulars california