Pleading With Particularity In Montgomery
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In civil cases, a bill of particulars is a pleading, which "amplifies" the complaint, but can also act as a discovery device or tool.
Pleadings include the formal allegations and claims made by the parties in a lawsuit, such as the complaint, answer, counterclaims, crossclaims, etc. Discovery is the pre-trial process where the parties exchange information and evidence related to the case.
FRAUD OR MISTAKE; CONDITIONS OF MIND. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.
PLEADING FRAUD / MISREPRESENTATION IN A COMPLAINT: In California, fraud must be pled in the complaint specifically. General and conclusionary allegations are not sufficient. ( Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 74; Nagy v.
Interrogatories are a series of specific questions sometimes used in lieu of a deposition. A Bill of particulars is given in most cased and generally lays out the claim as well as some of the damages and background information.
There are several types of pleadings in civil litigation. These include complaints, which serve as the basis of the legal action, and answers, which are the responses to the complaints. There may also be counterclaims, crossclaims, and third-party claims, which are also types of pleadings.
In civil cases, a bill of particulars is a pleading, which "amplifies" the complaint, but can also act as a discovery device or tool.
The Code of Civil Procedure also makes it clear that a Bill of Particulars is not a discovery device and is outside the Discovery Act. It is considered as an “amplification” of the complaint, and it has the effect of a pleading. It also limits plaintiff to the items and amounts specified in the Bill of Particulars.
(b) Fraud, Mistake, Condition of the Mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
