The object of a Bill of Particulars, per California Collection Law, is to give the party demanding it reasonable notice of the items constituting the claim sued on so that he or she may prepare for trial.
Because the creditor need not set forth in a complaint on common counts or the particular items of an alleged claim, the complaint does not usually provide the debtor with adequate notice.
Within ten (10) days after service of a written demand, the plaintiff must deliver to the defendant a copy of the account “or be precluded from giving evidence there “. See California Code of Civil ProcedureSection 454. Delivery has then effect of limiting the plaintiff’s evidence to the items specified but does not constitute competent and admissible evidence of them.
When a Bill of Particulars shows that the amount of the claim is less than that prayed for in the complaint, the bill limits recovery to the lesser amount.
About the Author
Attorney Steven Peck has been practicing law since 1981. A former successful business owner, Mr. Peck initially focused his legal career on business law. Within the first three years, after some colleagues and friend’s parents endured nursing home neglect and elder abuse, he continued his education to begin practicing elder law and nursing home abuse law.