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Sample demand for bill of particulars for California

This is a sample demand for a bill of particulars for California under Code of Civil Procedure section 454. It is used by the defendant to demand that plaintiff itemize all of the charges on the account for which they are suing the defendant. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided

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Any Defendant
Any Street
Any Town, CA 55555
714-555-5555
Defendant, In Pro Per
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
DEMAND FOR BILL OF PARTICULARS
PROPOUNDED BY DEFENDANT
____________TO PLAINTIFF _______________
To subscribe to my FREE California weekly legal newsletter visit
http://www.legaldocspro.net/newsletter.htm and enter your e-mail
address.
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DEMAND FOR BILL OF PARTICULARS
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1 TO PLAINTIFF, _______________________ AND THEIR ATTORNEY OF RECORD:
DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procedure § 454
to furnish to defendant _________________, within ten days hereafter, a bill of particulars
setting forth the items and details of the account on which the cause of action for goods sold
and delivered of plaintiff's complaint is based, including the date of each item or transaction; a
description of the services, materials or goods supplied or other considerations rendered; and
the price or charge made for each such item or transaction.
Dated________________ _______________________________________________
ANY DEFENDANT
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DEMAND FOR BILL OF PARTICULARS
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PROOF OF SERVICE
I am over the age of 18 and not a party to this action.
I am a resident of or employed in the county where the mailing occurred; my
business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
On ____________________ I served the foregoing document(s) described as: DEMAND
FOR BILL OF PARTICULARS PROPOUNDED BY DEFENDANT ______________ TO
PLAINTIFF _________________ to the following parties:
NAME AND ADDRESS OF ATTORNEY OR PLAINTIFF WITHOUT AN ATTORNEY
[X] (By U.S. Mail) I deposited such envelope in the mail at ______________,
California with postage thereon fully prepaid. I am aware that on motion of the
party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
DATED: ______________
_______________________________________
NAME OF PERSON SERVING PAPERS
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DEMAND FOR BILL OF PARTICULARS

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Sample demand for bill of particulars for California

  • 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Defendant Any Street Any Town, CA 55555 714-555-5555 Defendant, In Pro Per Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. DEMAND FOR BILL OF PARTICULARS PROPOUNDED BY DEFENDANT ____________TO PLAINTIFF _______________ To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. To view details of sample document packages created and sold by LegalDocsPro visit this website: http://www.legaldocspro.com/downloads.aspx Be sure to remove these notices before using this document. - 1 - DEMAND FOR BILL OF PARTICULARS
  • 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 TO PLAINTIFF, _______________________ AND THEIR ATTORNEY OF RECORD: DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procedure § 454 to furnish to defendant _________________, within ten days hereafter, a bill of particulars setting forth the items and details of the account on which the cause of action for goods sold and delivered of plaintiff's complaint is based, including the date of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge made for each such item or transaction. Dated________________ _______________________________________________ ANY DEFENDANT - 2 - DEMAND FOR BILL OF PARTICULARS
  • 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I am over the age of 18 and not a party to this action. I am a resident of or employed in the county where the mailing occurred; my business/residence address is: ADDRESS OF PERSON SERVING PAPERS. On ____________________ I served the foregoing document(s) described as: DEMAND FOR BILL OF PARTICULARS PROPOUNDED BY DEFENDANT ______________ TO PLAINTIFF _________________ to the following parties: NAME AND ADDRESS OF ATTORNEY OR PLAINTIFF WITHOUT AN ATTORNEY [X] (By U.S. Mail) I deposited such envelope in the mail at ______________, California with postage thereon fully prepaid. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: ______________ _______________________________________ NAME OF PERSON SERVING PAPERS - 3 - DEMAND FOR BILL OF PARTICULARS