__[Attorney name]__
__[Address]__
__[Telephone number]__
Attorney for __[e.g., Defendant]__, __[name]___
_ _ _ _ _ Court, County of _ _ _ _ _ _
__[_ _ _ _ _ _ District]__
_ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _
Plaintiff(s))
vs. )NOTICE OF MOTION TO PRECLUDE
)INTRODUCTION OF EVIDENCE AT
_ _ _ _ _ _ _ _ _ _ _ _ _ ) TRIAL; POINTS AND AUTHORITIES;
Defendant(s))__[DECLARATION(S);]__
_________________________ ) __[PROPOSED ORDER]__
Hearing: __[date; time]__
Department: _ _ _ _ _ _
__[Estimated length:_ _]__
Trial Date: __[if set]__
PLEASE TAKE NOTICE that __[e.g., defendant]__, __[name]__,
moves the Court under Code of Civil Procedure section 454 for an
order precluding the introduction of evidence at trial supporting
the account(s) alleged in the __[e.g., complaint,
cross-complaint, first cause of action of the complaint]__ in
this action. The grounds for issuance of this order are that
[Option 1: If no bill was delivered]
__[e.g., plaintiff]__, __[name]__, failed to deliver a bill of
particulars in response to __[e.g., defendant's]__ written
demand, attached as Exhibit _ _ to the declaration of __[name]__.
[Option 2: If further bill was not delivered]
the original bill delivered by __[e.g., plaintiff]__ was ruled to
be __[incomplete/defective]__ by the Court and __[e.g.,
plaintiff]__ failed to deliver a further bill of particulars as
ordered. The Court's order, dated __[specify]__, is attached as
Exhibit _ _ to the declaration of __[name]__.
[Continue]
The Court is located at __[address]__.
This motion is based on the attached documents and exhibits
including __[specify by title (or nature) and date, e.g., the
declaration of __[name]__, dated _ _ _ _]__, __[and]__ on all
papers filed and records in this action __[, and on any evidence
received at the hearing]__.
Date: _ _ _ _ _ _ [Signature]
________________________
__[Typed name]__
Attorney for _ _ _ _ _ _
_ _ _
POINTS AND AUTHORITIES
FACTS: __[Succinctly state facts underlying motion]__.
I. PARTY SERVED WITH WRITTEN DEMAND MUST DELIVER COPY OF
ACCOUNT.
A party who has been served with a written demand for a bill
of particulars must deliver a copy of the account to the
demanding party within ten days after the demand "or be precluded
from giving evidence thereof." Code of Civil Procedure section
454.
II. COURT MAY PRECLUDE INTRODUCTION OF EVIDENCE OF ACCOUNT.
When a demand for a bill of particulars of an alleged
account has been refused or ignored (see facts in accompanying
declaration of __[name]__), an order precluding introduction of
evidence of the account is appropriate. Burton v Santa Barbara
Nat'l Bank (1966) 247 CA2d 427, 55 CR 529; McManus v Larson
(1932) 122 CA 716, 10 P2d 523.
Date: _ _ _ _ _ _ Respectfully submitted,
__________________________
[Signature]
__[Typed name]__
Attorney for _ _ _ _ _ _ _ _ _ _
Return to Table of Contents for
Legal Forms : Set Two