What is an account stated?

“An account stated is an agreement, based on the prior transactions between the parties, that the items of the account are true and that the balance struck is due and owing from one party to another. When the account is assented to, ‘“it becomes a new contract. An action on it is not founded upon the original items, but upon the balance agreed to by the parties....” Inquiry may not be had into those matters at all. It is upon the new contract by and under which the parties have adjusted their differences and reached an agreement.’” (Gleason v. Klamer (1980) 103 Cal.App.3d 782, 786–787 (citations omitted).)

“An account stated need not cover all the dealings or claims between the parties. There may be a partial settlement and account stated as to some of the transactions.” (Gleason, supra, 103 Cal.App.3d at p. 790, (citation omitted).)

“The essential elements of an account stated are:

  1. previous transactions between the parties establishing the relationship of debtor and creditor;
  2. an agreement between the parties, express or implied, on the amount due from the debtor to the creditor;
  3. a promise by the debtor, express or implied, to pay the amount due.”

(Zinn v. Fred R. Bright Co. (1969) 271 Cal.App.2d 597, 600.)

How to Structure the Motion

“The agreement of the parties necessary to establish an account stated need not be express and frequently is implied from the circumstances. In the usual situation, it comes about by the creditor rendering a statement of the account to the debtor.” (Zinn v. Fred R. Bright Co. (1969) 271 Cal.App.2d 597, 600.)

“If the debtor fails to object to the statement within a reasonable time, the law implies his agreement that the account is correct as rendered.” (Fred R. Bright Co. (1969) 271 Cal.App.2d 597, 600.)

Response

“The account stated may be attacked only by proof of ‘fraud, duress, mistake, or other grounds cognizable in equity for the avoidance of an instrument.’ The defendant ‘will not be heard to answer when action is brought upon the account stated that the claim or demand was unjust, or invalid.’” (Gleason v. Klamer (1980) 103 Cal.App.3d 782, 786–787.)

Useful Rulings on Account Stated

Recent Rulings on Account Stated

WEST COVINA CAR STOP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS ROUND TABLE REMARKETING D.R.S., INC., A CALIFORNIA CORPORATION, ET AL.

On January 14, 2020, Plaintiff filed a complaint, asserting causes of action against Round Table, Ward and Does 1-50 for: Breach of Contract Account Stated Alter Ego Conversion On March 6, 2020, Round Table’s and Ward’s defaults were entered. A Case Management Conference is set for June 8, 2020. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice. The following defects are noted: It is unclear how Ward would be personally liable.

  • Hearing

    Sep 23, 2020

  • Type

    Contract

  • Sub Type

    Breach

PERSOLVE LEGAL GROUP LLP VS DUONG HANG, AN INDIVIDUAL

On July 10, 2019, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-100 for: Breach of Written Contract Money Lent Account Stated On December 17, 2019, Plaintiff filed a conditional “Notice of Settlement of Entire Case.”

  • Hearing

    Jul 15, 2020

(NO CASE NAME AVAILABLE)

procedural history Plaintiff filed the Complaint on June 14, 2017, alleging three causes of action: Open Book Account Account Stated Reasonable Value The parties stipulated to entry of conditional judgment and settlement on July 25, 2018, and filed a Notice of Settlement on July 26, 2018. On August 27, 2018, Plaintiff filed a Request for Dismissal without prejudice as to all parties and causes of action, with Court to retain jurisdiction to enforce settlement.

  • Hearing

    Jul 10, 2020

632 N PALM DRIVE, LLC VS ADAN PENA, ET AL.

The Cross-Complaint alleges 12 causes of action for: breach of contract; breach of the implied covenant of good faith and fair dealing; intentional misrepresentation in the alternative, negligent misrepresentation; common count: account stated, open book account, services rendered foreclosure of mechanics’ lien; negligence; defamation per se; comparative equitable indemnity; contribution; total implied indemnity and; declaratory relief.

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

U. S. FOODS, A CORPORATION VS CHUCKWAGON SMOKIE'S LLC, A LIMITED LIABILITY COMPANY, ET AL.

Plaintiff’s operative Complaint alleges the following causes of action: (1) breach of contract, (2) open book account, (3) account stated, (4) reasonable value, and (5) breach of guaranty against defendants, Hannel Jarnagin and Revis W. Jarnagin. Service of Summons: Plaintiff filed a proof of service on December 6, 2019 as to Revis Jarnagin. The proof of service shows that Revis Jarnagin was personally served on November 13, 2019 at 445 Highland Avenue, Barstow, California 92311.

  • Hearing

    Jul 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

RA WOOD, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS WEST WOOD PRODUCTS, INC., A CALIFORNIA CORPORATION

The operative First Amended Complaint (“FAC”) alleges the following causes of action: Breach of Contract; Open Book Account; Account Stated; and Reasonable Value of Goods Received WWP now demurs to the FAC and moves to strike portions thereof. RAW opposes. For the reasons set forth below, the Court overrules the demurrer and grants the motion to strike in part. Standard Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v.

  • Hearing

    Jul 09, 2020

  • Type

    Contract

  • Sub Type

    Breach

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

DISCOVER BANK V. DENNIS BAUTISTA

Plaintiff’s Motion for Summary Judgment TENTATIVE RULING Plaintiff DISCOVER BANK moves for summary judgment on its complaint against Defendant DENNIS BAUTISTA alleging one cause of action for common counts and one cause of action for an account stated. Request for Judicial Notice. Judicially noticeable facts may support a motion for summary judgment. (Code Civ. Proc. § 437c, subd. (b)(1).)

  • Hearing

    Jul 09, 2020

GEORGE STEPHAN, ET AL. VS LISA ANN BARKETT, ET AL.

stated; (10) open book account; and (11) action to set aside fraudulent or voidable transfers.

  • Hearing

    Jul 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

CALIFORNIA WATERS DEVELOPMENT INC ET AL VS DOMINGUEZ INVESTM

The operative First Amended Complaint (“FAC”) alleges four causes of action for: 1) breach of written contract; 2) quantum meruit; 3) account stated; and 4) open book account. On April 3, 2019, Cross-Complainant filed a cross-complaint against Cross-Defendant, alleging seven causes of action for: 1) breach of contract; 2) negligence; 3) nuisance; 4) express indemnity; 5) implied indemnity; 6) equitable indemnity; and 7) declaratory relief.

  • Hearing

    Jul 07, 2020

WHITE HORSE RESEARCH & DEV. VS. NATIONWIDE UNIFORM GROUP,INC

The Complaint alleges the following causes of action: Account Stated; Open Book Account; Goods Sold and/or Services Rendered Defendant’s attorney was relieved as counsel of record for defendant Nationwide Uniform Group, Inc. on September 5, 2019. Defendant has not secured replacement counsel. Plaintiff now moves to strike Defendant’s answer and for entry of judgment.

  • Hearing

    Jul 07, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

BRAND PRODUCE, INC. VS ENCINO GLATT MARKET, INC.

Therefore, Brand has proven the probable validity of its account stated claim. The requisite elements of quantum meruit are: (1) the plaintiff acted pursuant to “an explicit or implicit request for the services” by the defendant; and (2) the services conferred a benefit on the defendant. (Day v. Alta Bates Medical Center (2002) 98 Cal.App.4th 243, 249.)

  • Hearing

    Jul 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

LOGIX FEDERAL CREDIT UNION VS AVNER OHANA

Plaintiff filed its Complaint on August 09, 2018, and a First Amended Complaint (“FAC”) on October 26, 2018, alleging causes of action sounding in (1) Breach of Contract; (2) Common Count – Open Book Account; (3) Common Count – Account Stated; (4) Common Count – Money Lent; (5) Breach of Contract; (6) Common Count – Open Book Account; (7) Common Count – Account Stated; and (8) Common Count – Money Lent.

  • Hearing

    Jul 06, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

NATIONAL COMMERCIAL RECOVERY, INC., A CALIFORNIA CORPORATION VS S & J APPAREL, INC., A CALIFORNIA CORPORATION , ET AL.

., SKJ Enterprises, and Kyk Sales, Inc, alleging, (1) common counts—open book account; (2) common counts—goods sold and delivered; (3) account stated; and (4) money due on dishonored checks. From May 17, 2019 to August 27, 2019, Defendants purchased wholesale textiles from the Standard Fabrics International, Inc., on an open book account, and became indebted in the amount of $25,728.12 for the unpaid portion of the wholesale textiles received.

  • Hearing

    Jul 06, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

SHAHROKH MOKHTARZADEH, A PROFESSIONAL LAW CORPORATION VS ELNAZ HOUSHMAND NAGHASHAN

an account stated is based upon an account of one item, the time shall begin to run from the date of the item, and if an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item.”

  • Hearing

    Jul 06, 2020

COLOREDGE, INC., A DELAWARE CORPORATION, VS EDIE GELARDI, AN INDIVIDUAL,, ET AL.

Final Film filed an Answer and Cross-Complaint (“FFXC”) on March 15, 2019, where Final Film Cross-Complained against Plaintiff in three causes of action sounding in certain 2018 transactions, alleging (1) Breach of Contract; (2) Common Account: Open Book Account; and (3) Common Count: Account Stated. Gelardi filed a Cross-Complaint on June 19, 2019, alleging eleven causes of action sounding in (1) Failure to Pay Equal Pay; (2) Violation of Lab. Code §1197.5; (3) Breach of Contract; (4) Violation of Lab.

  • Hearing

    Jul 02, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

CITY OF LOS ANGELES VS RDB LA GROUP, INC.

The Complaint asserts causes of action for: Open Book Account; Account Stated; Reasonable Value; Money Lent; Breach of Written Contract (against Johnel’s A Cut Above); and Breach of Written Guarantee (against Hall). On May 27, 2020, default was entered as to Defendants. On June 1, 2020, Does 1 through 100 were dismissed without prejudice.

  • Hearing

    Jul 02, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

DISCOVER BANK VS RANDALL STEVENS

SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: Filed on June 22, 2020 [ ] Late [ ] None REPLY: None filed as of July 1, 2020 [ ] Late [X] None ANALYSIS: Background On June 17, 2020, Plaintiff Discovery Bank (“Plaintiff”) filed an action for open book account and account stated against Defendant Randall Stevens (“Defendant”). On August 7, 2019, Defendant filed an Answer.

  • Hearing

    Jul 02, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

The Complaint asserts causes of action for breach of written contract, breach of oral contract, reasonable value of services, and account stated. On June 15, 2016, Avanessian was injured in an automobile accident. She obtained treatment for her injuries from Interventional Care. (Compl., ¶ 6.) Her medical bills with Interventional Care totaled $30,500. (Compl., ¶ 7.) She requested that Interventional Care wait for payment until she received funds from the responsible party in the automobile accident.

  • Hearing

    Jul 02, 2020

DANIEL OSUNA ET AL VS BRIAN BRAGER ET AL

(“NTS”)— a California Corporation, American Contractors Indemnity Company—a California Corporation, and Does 1-20, for the following eleven causes of action: Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Common Count—Services Rendered, Common Count—Money Had and Received, Account Stated, Open Book Account, Action Against Surety on Contractor’s License Bond, Defamation, Intentional Interference with Prospective Economic Advantage, Wage Claim, and Accounting.

  • Hearing

    Jul 01, 2020

COMERICA BANK VS. CENTRALBANC MORTGAGE

Causes of Action Three, Four and Five The Court will consider the merits of the summary adjudication motion as to causes of action three (money lent), four (account stated) and five (unjust enrichment). These claims have slightly different elements. (See, First Interstate Bank v. Cal. (1987) 197 Cal.App.3d 627, 635 [elements of money had and received]; Block v. D. W. Nicholson Corp. (1947) 77 Cal.App.2d 739, 746 [elements of an account stated]; Elder v.

  • Hearing

    Jul 01, 2020

QUICK BRIDGE FUNDING, LLC V US CONVOY.

The second cause of action is for account stated and it is basically an alternative theory for the first cause of action (and could be dismissed after this motion is granted). Under subdivision (p)(1) of Code Civ. Proc. § 437c, a plaintiff meets his or her burden of showing that there is no defense to a cause of action if he or she “has proved each element of the cause of action entitling the party to judgment on the cause of action.”

  • Hearing

    Jul 01, 2020

DISCOVER BANK VS EDWARD LEDBETTER

Therefore, Plaintiff has failed to make a prima facie showing for its account stated claim against Defendant. Hence, summary adjudication of this cause of action is denied. Defendant shall prepare and serve an order following the hearing on this matter, if any, in accordance with Cal. Rules of Court, rule 3.1312. The case management conference scheduled for July 7, 2020 at 9:00 a.m. in Department 11B will remain.

  • Hearing

    Jul 01, 2020

PREFERRED BANK VS PREVENTION, LLC

The fourth cause of action is for the common count of account stated. "The essential elements of an account stated are: (1) previous transactions between the parties establishing the relationship of debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; and (3) a promise by the debtor, express or implied, to pay the amount due." (Zinn v. Fred R. Bright Co. (1969) 271 Cal.App.2d 597, 600.)

  • Hearing

    Jul 01, 2020

  • Type

    Contract

  • Sub Type

    Breach

U.S. BANK NATIONAL ASSOCIATION VS AURELIO ESTRELLA

Account Stated. “An account stated is ‘an agreement, based on prior transactions between the parties, that the items of an account are true and that the balance struck is due and owing.’ ” (Lauron, supra, 8 Cal. App. 5th at p. 968, 214 Cal. Rptr.3d 419.) “When an account stated is ‘ “assented to, either expressly or impliedly, it becomes a new contract.” ’. . .

  • Hearing

    Jul 01, 2020

KULS LLC , A CALIFORNIA LIMITED LIABILITY COMPANY VS ALTON FURNITURE GROUP, A CALIFORNIA CORPORATION

On February 4, 2020, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against Defendant and Does 1-10 for: Breach of Oral Contract, In/Outbound Handling Services Common Counts—Account Stated, In/Outbound Handling Services Common Counts—Quantum Meruit, In/Outbound Handling Services Breach of Written Contract, Furniture Storage Common Counts—Account Stated, Furniture Storage Common Counts—Quantum Meruit, In/Outbound Handling Services A Case Management Conference is set for

  • Hearing

    Jun 30, 2020

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