In the complaint, plaintiff claims certain amount of damage of overhead loss due to my breach of contract, is BOP an appropriate document to request? Can I request it at the depo or I have to request it separately?
Lawsuit / Dispute Attorney
No it is not
And, it is not for a deposition
You may ask questions on cross examination at a deposition
You might consider hiring counsel to be your advocate. These questions reveal a lack of understanding.
Employment / Labor Attorney
A Bill of Particulars can only be requested under certain circumstances. You can demand a BOP only if there is at least one of the following causes of action asserted against you in the plaintiff's complaint: Open book account, For labor and materials furnished under a contract, For monies loaned, and For "money had and received." These are known as Common Counts. A Demand for Bill of Particulars needs to be served on the other side.
For further information on a BOP, please see California Code of Civil Procedure section 454.
Because a BOP is not a document already in the possession of the plaintiff, but is a compilation created upon the demand being made, you cannot simply demand its production in a deposition or by way of a Request for Production of Documents. In those two devices you can only ask for documents that exist at the time of the service of those devices.
Good luck to you.
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