..Another Win for the Team....
Thanks to you all for your assistance on this board. Appreciated the constant feedback and suggestion.
Motion to compel BOP scored today in court and the Plaintiff admits he only has the last two statements. Can someone suggest the next move....should it be motion to dismiss or do we still have to go to trial?
HERE is a Copy of the Motion Ruling!
Case Number: Hearing Date: July 12, 2011 Dept: 77
CACH LLC V. XXXXXXXDís
Motion to Compel a Further CCP 454 Bill Of Particulars on a Credit Card Balance is GRANTED in part and DENIED in part. .P
is to serve a further bill of particulars within 30 days that itemizes each unpaid purchase made by D on the credit card. Dís
request for the credit card contract and assignment of account to P is denied; neither are ďcopies of the accountĒ required under CCP 454. Pís
response consisting only of the 4/08 and 5/08 statements of account showing merely the balance due and not the itemized purchases do not satisfy CCP 454. P
must provide an itemization of the date of purchase, the item or service purchased and the price.