Legal Question in Civil Litigation in California
What do I owe you for?
Is a demand for a bill of particulars still an accepted form of discovery in California. I am being sued for nonpayment by a contractor and need to know what they
think I have not paid for and they refuse to send me a itemized bill.
Thanks!
4 Answers from Attorneys
Re: What do I owe you for?
You would require this information through one or more discovery tools, e.g. interrogatories, requests for production of documents, etc. You will find the issue of civil discovery addressed in the Code of Civil Procedure. You can also find numerous discovery practice guides at any law library. Ask the librarian for assistance.
Of course, you may want to bring an attorney into this. If the goal is simply finding out what you legitimately owe and taking care of it in one way or another, an attorney can probably handle this for your very cheaply and efficiently.
Of course, if there are serious factual disputes about what you owe, and the money is significant, not having competent represtation may cost more than it saves.
Good luck. Let me know if we can be of any assistance.
Re: What do I owe you for?
Yes, a bill of particulars is still acceptable. The problem usually is getting a real answer. If an insufficient answer is provided, a motion would have to be made, which is in the discretion of the Court to grant or deny. As the prior response indicated, other discovery tools may force an appropriate response under oath rather than the bill of particulars. You may still make such a demand under CCP sec. 454, which states:
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 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.
Re: What do I owe you for?
Yes it is. However, if it is to general you may need to make a motion for further answers.
Re: What do I owe you for?
demand for a bill of particulars is a proper discovery. Please contact me for free consultation if you have any further questions.