When determining whether to bring a motion to strike a line item you need to review the line item as to whether or not the line item (1) was contemporaneously created and (2) is reflected in any invoice, business records or ledgers. Rather, each entry is considered a separate claim, Plaintiffs may move to strike each entry on the ground that it is deficient and not supported by ledger, book account, invoice or any other business record.īecause the Bill of Particulars is a pleading, each line item is a separate claim for purposes of a motion to strike. The Bill of Particulars is not a single pleading.
Thus, since the information supporting the account is presumptively in plaintiff’s possession, and it is Defendant’s opportunity afforded by law to obtain detail of this claim from the information that was kept in Plaintiffs books and records. Santa Barbara National Bank (1966) 247 Cal.
Guide: Civil Procedure Before Trial (TRG 2019) ♨:1781 citing Burton v. However, Defendant’s failure to bring such a motion is a waiver of their objection to the sufficiency of the information furnished describing the account. Guide: Civil Procedure Before Trial (TRG 2019) ♨:1780.
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More importantly, if the court finds that any of the line items are deficient it can strike the entry and preclude plaintiff/cross-complainant from proving the debt is owed.Īccording to Code of Civil Procedure §454, if the information in the Bill of Particulars is too general or incomplete, the defendant may make a noticed motion for a further bill. Unlike interrogatories and deposition testimonies, a Bill of Particulars is conclusive as to the items and amounts claimed and no other evidence is admissible at trial. As stated in the blog “ It’s Not a Discovery Device, But…”, a Demand for Bill of Particulars is NOT a discovery device, but an extension of the complaint or a cross-complaint.
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