__[Attorney name]__
__[Address]__
__[Telephone number]__

Attorney for __[e.g., Defendant]__, __[name]___


             _ _ _ _ _ Court, County of _ _ _ _ _ _
                   __[_ _ _ _ _ _ District]__

_ _ _ _ _ _ _ _ _ _ _ _ _  )   No. _ _ _ _ _ _
                               Plaintiff(s))
vs.                                                        )DECLARATION OF __[NAME]__
                                                                          )SUPPORTING __[NAME]__'S MOTION TO
_ _ _ _ _ _ _ _ _ _ _ _ _  )   PRECLUDE INTRODUCTION OF
                               Defendant(s)) EVIDENCE AT TRIAL
_________________________  )
                                                                                                         Hearing: __[date; time]__
                                                                                                                                            Department: _ _ _ _ _ _
                                                                                                         Trial Date: __[if set]__

     __[Name]__ declares:
     1.   I am an attorney in the firm of __[name]__, attorneys
of record for __[name]__, __[e.g., defendant]__ in this action.
     2.   On __[date]__, I served on __[e.g., plaintiff]__,
__[name]__, a written demand for a bill of particulars, a copy of
which is attached as Exhibit _ _ to this declaration.
              [Option 1: If no bill was delivered]
     3.   To date, __[e.g., plaintiff]__ has failed to deliver a
bill of particulars as required by law.
         [Option 2: If defective or incomplete bill was
     delivered, and party failed to comply with court order
                  for further bill; see 37.24]
     3.   On __[date]__, the Court found the bill of particulars,
attached as Exhibit _ _, that __[e.g., plaintiff]__ delivered in
response to the written demand to have been
__[defective/incomplete]__ and ordered __[e.g., plaintiff]__ to
furnish a further bill. That Court order is attached as Exhibit _
_.
    [Add if letter was sent to opposing counsel on expiration
                   of time period; see 37.23]
     4.   After the expiration of ten days after service of the
demand for a __[bill/further bill]__ of particulars, I sent
written notification to __[name of attorney for __[e.g.,
plaintiff]__]__ of the failure to respond to my demand for a
bill, a copy of which is attached as Exhibit _ _. I have received
no response to this exhibit.
                           [Continue]
     [5.] __[Continue declarant's statements]__.
     I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.

Date: _ _ _ _ _ _                                       [Signature]
                                                                                                                                            _______________________
                                                                                                                                                                                    __[Typed name]__
                                                                                                                                            __[Title if relevant]__
      

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Legal Forms : Set Two