July 01, 2015

Demand Letters: The Lingua Franca of Attorneys

David J. Cook
From Collection, Demand, and Commercial Letters for the General Practitioner, Chapter 1

The Importance of Demand Letters

A demand letter that includes a collection demand presages a lawsuit. A prima facie element of a cause of action might constitute a pre-suit demand. “The filing of a claim is a condition precedent to the maintenance of any cause of action against the public entity and is therefore an element that a plaintiff is required to prove in order to prevail.” DiCampli-Mintz v. Cnty. of Santa Clara, 55 Cal. 4th 983, 990, 289 P.3d 884, 888 (2012). “Notice [of the warranty claim] must not only be pleaded; it must also be proved.” Metowski v. Traid Corp., 28 Cal. App. 3d 332, 339, 104 Cal. Rptr. 599, 602 (Ct. App. 1972).

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