the plaintiff has not send me the bill of particulars in 90 days. on his answer indicated will take 90 days to get all the information I was requesting. what should I do now.
2 Answers from Attorneys
Your remedy is set forth in Code of Civil Procedure 454. Evidence that is to be provided in the bill may be precluded if the bill is not provided.
Your remedy is to bring a motion to have the evidence precluded. It might be safe to include an alternative remedy of ordering the defendant to provide the bill. The Court likely will be more comfortable granting a motion to preclude after the other side violates the order.
Mr Perry is correct. If you need assistance or representation in your case please feel free to call my office. 818 345-0123