The Effect of the Demand for Bill of Particulars

Written by Adam Peck Category: Business Law January 14th, 2013 1 min read

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.

– from Steven Peck, Senior Attorney at Peck Law Group

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.