I have not received the bill of particulars from the plaintiff. on the answer the sent me indicated they will provide me all the information within 90 t 120 days. 120 days has passed. can I file for motion to dismiss due to lack of tangible evidence.
2 Answers from Attorneys
Without reviewing your file, it is impossible to give you any specific advice.
It is typical to write a follow-up or "meet and confer" letter asking for compliance before going to court, although this may not strictly be necessary.
If you believe that no triable issue of fact exists because the plaintiff has evidence, then the appropriate motion is likely one for summary judgment.
Based upon my understanding should file a motion to exclude evidence. You also should never have given them that much time to respond. If you are looking for someone to represent you feel free to call my office at 818 345-0123