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 Resources for Account Stated

Recent Rulings on Account Stated

51-75 of 2078 results

MUNI HE VS JEFFREY KANG

On August 5, 2020, Plaintiffs Nong He, Tao Jiang, Muni He filed a first amended complaint (“FAC”) for (1) breach of oral contract; (2) breach of oral contract; (3) breach of oral contract; (4) fraud; (5) fraud; (6) conversion; (7) conversion; (8) account stated; (9) account stated; (10) treble damages pursuant to Penal Code section 496(c); and (11) treble damages pursuant to Penal Code section 496(c).

  • Hearing

    Jan 04, 2021

MUNI HE VS JEFFREY KANG

On August 5, 2020, Plaintiffs Nong He, Tao Jiang, Muni He filed a first amended complaint (“FAC”) for (1) breach of oral contract; (2) breach of oral contract; (3) breach of oral contract; (4) fraud; (5) fraud; (6) conversion; (7) conversion; (8) account stated; (9) account stated; (10) treble damages pursuant to Penal Code section 496(c); and (11) treble damages pursuant to Penal Code section 496(c).

  • Hearing

    Jan 04, 2021

BTP, INC. VS. GARDEN PARK TOWNHOMES ASSOCIATION

Plaintiff claims that Defendant has not paid for the work performed and asserts the following six causes of action: (1) Breach of Contract; (2) Breach of Promissory Note; (3) Breach of Implied Covenant of Good Faith and Fair Dealing; (4) Common Count – Reasonable Value of Services; (5) Common Count – Open Book Account; and (6) Common Count – Account Stated.

  • Hearing

    Jan 01, 2021

R & R CONSTRUCTION, INC. VS REON ROSKI

Plaintiff filed a Complaint on December 26, 2014, alleging five (5) causes of action sounding in: (1) Breach of Written Contract; (2) Goods, Wares, and Merchandise Sold and Delivered; (3) Open Book Account; (4) Account Stated; and (5) Recovery of Statutory Penalties. PRESENTATION: On June 04, 2018, Hon. Lawrence Crispo, appointed as Arbitrator for the case, issued an award for Defendant. On October 23, 2018, the Court vacated the arbitration award.

  • Hearing

    Dec 31, 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

    Dec 31, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

PORTFOLIO RECOVERY ASSOCIATES, LLC VS‘ AARON MCCOY

Here, although plaintiff’s complaint states facts sufficient to state claims for an account stated and an open book account, defendant filed an answer asserting that he “paid off the debt” and that he does not “owe the Plaintiff anything” Plaintiff requests that the court take judicial notice of its previous order deeming admitted requests for admission served on defendant Although the court can take judicial notice of its previous ruling, it cannot take judicial notice of the truth of the contents of the motion

  • Hearing

    Dec 29, 2020

HARBOR DISTRIBUTING LLC VS JJKENS FOOD, INC., A CAILFORNIA CORPORATION, ET AL.

Park aka Hyun Suk Park for (1) goods and services sold and delivered; (2) account stated; (3) open book account; (4) breach of contract; (5) breach of guaranty; (6) money due on dishonor of bad check; and (7) money due on dishonor of bad check, seeking damages in the amount of $37,127.75. On October 20, 2020, default was entered against Defendants Jjkens Food, Inc. dba Ken Liquor adba Ken’s Liquor and Hyun Park aka Hyun S. Park aka Hyun Suk Park.

  • Hearing

    Dec 24, 2020

  • Type

    Contract

  • Sub Type

    Breach

HARBOR DISTRIBUTING LLC VS JJKENS FOOD, INC., A CAILFORNIA CORPORATION, ET AL.

Park aka Hyun Suk Park for (1) goods and services sold and delivered; (2) account stated; (3) open book account; (4) breach of contract; (5) breach of guaranty; (6) money due on dishonor of bad check; and (7) money due on dishonor of bad check, seeking damages in the amount of $37,127.75. On October 20, 2020, default was entered against Defendants Jjkens Food, Inc. dba Ken Liquor adba Ken’s Liquor and Hyun Park aka Hyun S. Park aka Hyun Suk Park.

  • Hearing

    Dec 24, 2020

  • Type

    Contract

  • Sub Type

    Breach

AMERICREDIT FINANCIAL SERVICES, INC. VS VIRGINIA MOJICA, ET AL.

The Complaint asserts the following causes of action: (1) Possession of Personal Property; (2) Breach of Contract; (3) Goods Sold and Delivered; (4) Book Account; (5) Account Stated; (6) Possession of Personal Property; (7) Conversion; and (8) Injunctive Relief. It is undisputed that Defendant MOJICA is in default with respect to the Agreement with Penske Buick GM of Cerritos. It is also undisputed that said Agreement was assigned to Plaintiff for value. (Boucher Decl., Ex. A.)

  • Hearing

    Dec 23, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

ABU TAHIR VS. RAFIQ SHAH

Plaintiff’s FAC was filed on September 12, 2018, and asserts the following causes of action: (1) Breach of Written Contract; (2) Open Book Account; (3) Account Stated; (4) Conversion; (5) Accounting; and (6) Involuntary Dissolution of Corporation.

  • Hearing

    Dec 22, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

AVITUS INC. VS ANDIAMO MANAGEMENT COMPANY, A CORPORATION, ET AL.

On March 11, 2019, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-10 for: Breach of Written Promissory Note Open Book Account Account Stated Breach of Personal Guarantee On July 9, 2019, Andiamo’s default was entered; on that date, Plaintiff dismissed Tunzi without prejudice. An Order to Show Cause Re: Failure to Proceed with Default Judgment and a Case Management Conference are set for December 18, 2020.

  • Hearing

    Dec 18, 2020

MILBERG FACTORS OF CALIFORNIA, INC., A DELAWARE CORPORATION VS CHAE YUN CHON, INDIVIDUALLY

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT BACKGROUND: On June 3, 2020, Plaintiff Milberg Factors of California, Inc. commenced this action against Defendant Chae Yun Chon, individually and dba Lavender Apparel, for (1) breach of written contract; (2) account stated; (3) open book account; (3) fraud – promise made without intent to perform; (4) fraud – intentional misrepresentation of a material fact; and (5) negligent misrepresentation, seeking damages in the amount of $72,489.23.

  • Hearing

    Dec 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

WELLS FARGO BANK, N.A. V. MODIRI

The fifth and sixth common counts are for open book account and account stated. Here, the Complaint alleges Plaintiff lent money, or paid money, to Defendant, at Defendant’s request (Complaint, at p. 5, ¶ CC-1.b.). The Complaint further alleges the reasonable value due, on Plaintiff’s demand, is $14,821.93 (Complaint, at p. 5, ¶ CC-2).

  • Hearing

    Dec 18, 2020

KOCHAR V. BERKALIEVA, ET AL.

On July 21, 2020, Plaintiff filed a complaint against defendants Mikaela and Meruert (collectively, “Defendants”), asserting causes of action for: 1) breach of oral contract (against Mikaela); 2) breach of oral contract (against Meruert); 3) quantum meruit (against Defendants); 4) account stated (against Defendants); and, 5) fraud (against Defendants).

  • Hearing

    Dec 17, 2020

HANGAR ONE AVIONICS INC. VS HART

Merits of Motion – Second Cause of Action (Common Count – Account Stated) With regard to the Second Cause of Action for "Account Stated," Defendant argues that the appropriate statute of limitations to apply to a common count is based upon the underlying theory upon which the common count is based. The Court agrees.

  • Hearing

    Dec 17, 2020

  • Type

    Contract

  • Sub Type

    Breach

HANGAR ONE AVIONICS INC. VS HART

Merits of Motion – Second Cause of Action (Common Count – Account Stated) With regard to the Second Cause of Action for "Account Stated," Defendant argues that the appropriate statute of limitations to apply to a common count is based upon the underlying theory upon which the common count is based. The Court agrees.

  • Hearing

    Dec 17, 2020

  • Type

    Contract

  • Sub Type

    Breach

BAYWOODS HOMEOWNERS ASSOC VS THOMAS

Even if account stated were a legally viable claim given that the debt is founded on an express written contract (the CC&Rs), the Association has not presented sufficient evidence to prove that there was an account stated in order to recover on this cause of action by summary judgment or summary adjudication.

  • Hearing

    Dec 16, 2020

VUKMANOVIC LAW GROUP, APC VS. IPPT CAREER SCHOOL, INC.

On June 25, 2018, plaintiff filed the FAC, alleging: 1) Breach of Written Contract; and 2) Account Stated. Defendant filed a cross-complaint against Nataliya Borchenko and Vukmanovic Law Group, APC asserting causes of action for breach of fiduciary duties, fraud, constructive fraud, conspiracy to commit fraud, rescission and restitution, implied equitable indemnity, equitable indemnity, contribution, apportionment of fault, and declaratory relief.

  • Hearing

    Dec 16, 2020

CAB WEST LLC VS ARMEN HAKOPIAN, ET AL.

Account Stated 6. Possession of Personal Property 7. Conversion 8. Injunctive Relief On August 19, 2020, Plaintiff filed the instant application for writ of possession. No opposition has been filed. [Tentative] Ruling Plaintiff Cab West LLC dba Ford Motor Credit Company LLC’s Application for Writ of Possession is GRANTED. DISCUSSION On October 15, 2020, Plaintiff’s Application for Writ of Possession came before the court.

  • Hearing

    Dec 16, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

AROZZI NORTH AMERICA INC., A CALIFORNIA CORPORATION VS MICHAEL ALEXANDER JAHINA, ET AL.

Stated; and (9) Quantum Meruit.

  • Hearing

    Dec 15, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

JACOB REICH VS MANSOUR HASHEM

Plaintiff’s first amended complaint (FAC) sets forth claims for: (1) breach of contract; (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; and (10) judicial foreclosure. On September 9, 2019, Defendant filed a XC against Plaintiff, setting forth claims for (1) fraud, (2) breach of fiduciary duty, and (3) declaratory relief.

  • Hearing

    Dec 15, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

NAVID VS. JALALI

Third COA (Account Stated): The elements of a cause of action for account stated are: (i) Defendant owed plaintiff money from previous financial transactions; (ii) Plaintiff and defendant, by words or conduct, agreed that the amount stated in the account was the correct amount owed to plaintiff; (iii) That defendant, by words or conduct, promised to pay the stated amount to plaintiff; (iv) That defendant has not paid plaintiff any of the amount owed under this account; and (v) The amount of money defendant owes

  • Hearing

    Dec 15, 2020

OUTSOURCE, LLC VS HORIZON COMMUNICATIONS TECHNOLOGIES, INC., ET AL.

Plaintiff filed the Complaint on June 3, 2020, alleging four causes of action for (1) breach of written contract, (2) account stated, (3) open book account, and (4) common counts. Plaintiff filed an ex parte application for right to attach order that came to hearing on June 23, 2020, at which time the court granted right to attach orders against Defendants Degraw and Horizon in the amount of $562,652.90.

  • Hearing

    Dec 14, 2020

JPMORGAN CHASE BANK, N.A. VS TOTAL BODY EXPERTS LLC, ET AL.

BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) breach of contract; (2) money lent; and (3) account stated. Plaintiff filed a motion for summary judgment (the “Motion”) and seeks summary judgment in favor of Plaintiff and against Defendants Total Body Experts LLC and Marc Erickson.

  • Hearing

    Dec 11, 2020

  • Type

    Collections

  • Sub Type

    Collections

RED STAR MEDICAL SUPPLY INC. VS YOUR CHOICE HOSPICE INC.

The first amended complaint (“FAC”), filed March 25, 2019, alleges: (1) breach of written contract; (2) breach of implied contract; (3) breach of oral contract; (4) open book account; (5) account stated; (6) goods sold and delivered; (7) money had and received; and (8) restitution/quasi contract. B. Relevant Background On May 22, 2019, the default of Defendant was entered.

  • Hearing

    Dec 11, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • County

    Los Angeles County, CA

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