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

76-100 of 2076 results

AOCLSC, INC., A FLORIDA CORPORATION VS MLS FLUID SOLUTIONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

(“AOCLSC”) filed the lead action, LASC No. 19STCV40549, (“AOCLSC Action”) against MLS Fluid Solutions, LLC (“MLS” or “LLC”) alleging causes of action for (1) breach of contract, (2) judicial foreclosure of deed of trust, (3) claim and delivery of personal property, (4) appointment of receiver, (5) accounting and turnover of receipts, rents, and profits, (6) Money Lent, (7) money paid, (8) money had and received, (9) account stated, (10) unjust enrichment, and (11) Declaratory relief.

  • Hearing

    Dec 10, 2020

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

PREMIER HEALTH PARTNERS, INC., A CALIFORNIA CORPORATION VS EGO, INC.

The Cross-Complaint alleges five causes of action for: 1) breach of contract; 2) common count – quantum meruit; 3) common count – account stated; 4) intentional interference with contractual relations; and 5) breach of the implied covenant of good faith and fair dealing. The Cross-Complaint alleges that PHP was mismanaged and made poor financial choices. Within months of retaining Brault, PHP began to default on its account. By April 2017, PHP was in arrears in the amount of $333,614.99.

  • Hearing

    Dec 10, 2020

AMERICAN EXPRESS NATIONAL BANK VS MICHAEL V SANCHEZ, AN INDIVIDUAL

On October 9, 2019, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-20 for: Common Counts: Book Account, Account Stated Quantum Meruit—Reasonable Value A Case Management Conference is set for December 9, 2020. Discussion Plaintiff moves the court, pursuant to Code of Civil Procedure section 438, for judgment on the pleadings in its favor and against Defendant. The hearing on the motion is CONTINUED to January 25, 2021 at 10:00 a.m. (Code Civ.

  • Hearing

    Dec 09, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

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 09, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

MARC SMITH, ET AL. VS PAUL BRANT WILLIGER

Williger filed a Cross-Complaint (“XC”) on February 20, 2019, alleging eight causes of action: Open Book Account Account Stated Quantum Meruit Breach of Contract Equitable Indemnity Apportionment/Contribution Declaratory Relief Declaratory Relief — Limitation of Liability Plaintiffs (and Cross-Defendants) filed a Demurrer to the Cross-Complaint and Motion to Strike on March 26, 2019, which the Court overruled.

  • Hearing

    Dec 09, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

CREDIT CORP SOLUTIONS INC., ASSIGNEE OF SYNCHRONY BANK ET AL. VS RICHARD BEARE ET AL.

Additionally, Beare alleges: that CCS misrepresented the character, amount, and legal status of the alleged debt in that there has never been an account stated in the amount of $4253.23 (FAXC ¶¶ 21, 22, 23); that CCS is attempting to collect unlawful late fees in the amount of $38 from Beare (FAXC ¶ 24); the lawful balance due and owning in the amount of $4253.23 (FAXC ¶ 25); the character, amount, and legal status of the alleged debt in that there has never been an open book account stated in the amount of

  • Hearing

    Dec 09, 2020

  • Judge Jayne Lee
  • County

    San Joaquin County, CA

SOL SHAFRAN VS BARAK COHEN, ET AL.

SCI further stated that the Cohens’ account stated liability was premised on the same facts. For both account stated and open book, the theories of recovery are similar in that a sum certain of indebtedness is an essential element of both claims. (See Maggio, Inc. v. Neal (1987) 196 Cal.App.3d 745, 753.) The primary distinction is the manner in which the sum of indebtedness is evidenced.

  • Hearing

    Dec 09, 2020

  • Type

    Contract

  • Sub Type

    Breach

PATELCO CREDIT UNION V. JANICE L. BALDUEZA

BALDUEZA alleging one cause of action for breach of contract, one cause of action for open book account, and one cause of action for account stated. A plaintiff may move for summary judgment on the basis that there is no defense to the action. (Code Civ. Proc., § 437c, subd. (a)(1).)

  • Hearing

    Dec 09, 2020

(NO CASE NAME AVAILABLE)

Joseph Field, aka Andy Field (Field) (collectively, Defendants), and Does 1 through 100, alleging claims for: (1) open book account; (2) account stated; (3) reasonable value; (4) money lent; (5) breach of written contract; and (6) breach of written guarantee. On September 23, 2020, Plaintiff filed this motion for an order deeming the truth of the matters specified in Plaintiff’s Request for Admissions, Set One, as admitted. II.

  • Hearing

    Dec 08, 2020

NUMARK TRANSPORTATION, INC. VS EMPIRE CONTAINER FREIGHT STATION, INC., A CALIFORNIA CORPORATION

(“Plaintiff”) filed an action for breach of contract, open book account, and account stated against Defendant Empire Container Freight Station, Inc. (“Defendant”). On September 3, 2019, Defendant filed an Answer. On October 1, 2019, Plaintiff filed a motion to compel responses from Defendant.

  • Hearing

    Dec 08, 2020

(NO CASE NAME AVAILABLE)

Cause of Action for 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.” (Gleason v. Klamer (1980) 103 Cal.App.3d 782, 786-787; CACI, § 373.) Plaintiff presents evidence that Defendant agreed to pay VSE $19,098.00 under an Enrollment Agreement, but the full terms of the agreement are unclear.

  • Hearing

    Dec 08, 2020

  • County

    Los Angeles County, CA

MUFG UNION BANK, N.A., A NATIONAL BANKING ASSOCIATION VS TOLLIVER RANCH BRANDS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

Complaint Plaintiff Bank commenced this proceeding on September 22, 2020, against Defendants TRB, Jon Robert Murray (“Murray”), and Jon Robert Murray and Nancy Murray as Trustees of the Jon and Nancy Murray Trust (“Trustees”),[1] alleging causes of action for: (1) breach of contract; (2) account stated; (3) open book account; (4) recovery of possession of personal property (claim and delivery); (5) breach of guaranties; and (6) appointment of receiver and seeking the remedy of injunctive relief.

  • Hearing

    Dec 08, 2020

TUSCANY CHEESE, LLC. VS WHITTIER ENTERPRISE, LLC., ET AL.

Zirkle (“Zirkle”), alleging causes of action for (1) breach of oral contract; (2) open book account; (3) account stated; (4) fraud-negligent misrepresentation; (5) intentional misrepresentation; (6) breach of covenant of good faith and fair dealing; and (7) negligence. The alleges in pertinent part as follows. In December 2018, Tuscany entered into an oral agreement with Whitter for the distribution and supply of bulk cheese at the determined rate under the Chicago Mercantile Exchange.

  • Hearing

    Dec 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

EDPO LLC DBA EXPO PROPANE FKA EXPO PROPANE, INC. VS DESTINATION SHUTTLE SERVICES, LLC, ET AL.

., NTI-CA Inc. dba NTI Ground Trans, John Kindt, James Gleich each dba Destination Shuttle Services for (1) breach of written contract, (2) breach of oral agreement, (3) book account, (4) account stated, (5) quantum meruit, and (6) goods sold and delivered. Plaintiff alleges that it is a supplier of propane.

  • Hearing

    Dec 08, 2020

  • Type

    Collections

  • Sub Type

    Collections

FORWARDLINE FINANCIAL, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY VS A. JOSEPH FIELD, LTD., AN ILLINOIS LIMITED COMPANY, ET AL.

Joseph Field, aka Andy Field (Field) (collectively, Defendants), and Does 1 through 100, alleging claims for: (1) open book account; (2) account stated; (3) reasonable value; (4) money lent; (5) breach of written contract; and (6) breach of written guarantee. On September 23, 2020, Plaintiff filed this motion for an order deeming the truth of the matters specified in Plaintiff’s Request for Admissions, Set One, as admitted. II.

  • Hearing

    Dec 08, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

BANK OF THE WEST VS RWIGEMA DENTAL CORPORATION, A CALIFORNIA CORPORATION, ET AL.

Plaintiff filed the Complaint on January 13, 2020, alleging 11 causes of action for (1 through 3) breach of loan agreement, (4) breach of commercial guaranty, (5) money lent, (6) account stated, (7) fair valuation, (8) claim and delivery, (9) conversion, (10) appointment of a receiver, and (11) injunctive relief. Plaintiff asserts the fourth cause of action against Rwigema and all other causes of action against all defendants.

  • Hearing

    Dec 07, 2020

  • Type

    Contract

  • Sub Type

    Breach

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

    Dec 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

HEATING AND COOLING SUPPLY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS AG AIR CONDITIONING AND HEATING, INC. A CALIFORNIA CORPORATION

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; (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

    Dec 07, 2020

  • Type

    Collections

  • Sub Type

    Collections

ROBERT MCKENNA ET AL VS DAVID DAVIES ET AL

Background On December 17, 2010, Judgment Creditors Robert McKenna and Dawn McKenna (“Judgment Creditors”) filed this action asserting breach of contract, money had and received, account stated, and unjust enrichment causes of action against David Davies (“Davies”) and Nicholas Limer (“Limer”) arising out of a contract involving the purchase of property in Koloa, Hawaii.

  • Hearing

    Dec 07, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

JOHNSON CONTROLS FIRE PROTECTION LP VS UNITED LC CAPITAL LLC, A CALIFORNIA CORPORATION

Account Stated 6. Quantum Meruit 7. Unjust Enrichment Plaintiff JCI moves for summary adjudication of Issue 1 (1st cause of action) and Issue 2 (3rd cause of action). Evidentiary Objections Plaintiff’s Objections to Woo Declaration are sustained as to Nos. 3, and 5-9; and overruled as to the remaining objections. Plaintiff’s Objections to Hong Declaration are overruled.

  • Hearing

    Dec 07, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

CREDITORS ADJUSTMENT BUREAU, INC. VS SUN & STARS LIGHTING IN

The complaint alleges causes of action for open book account, account stated, and reasonable value. On October 26, 2016, defendant filed its answer to plaintiff’s unverified complaint. On September 1, 2017, defendant filed a Notice of Stay of Proceedings, based on an automatic stay caused by the filing of defendant’s bankruptcy case. The matter had been stayed. Moving party had submitted a docket showing that the subject bankruptcy case was closed on October 25, 2019. [Freed Decl. ¶ 2, Ex. 1].

  • Hearing

    Dec 04, 2020

  • Type

    Collections

  • Sub Type

    Collections

BH FINANCIAL GROUP, LLC, A LIMITED LIABILITY COMPANY VS VACHAGAN STEPANYAN, ET AL.

Plaintiffs filed a Complaint on May 09, 2019, alleging four (4) causes of action sounding in: (1) Breach of Contract; (2) Breach of Guarantee; (3) Open Book; and (4) Account Stated. PRESENTATION: On September 22, 2020, the Court dismissed the case due to Plaintiff's failure to appear and failure to comply with the Trial Court Delay Reduction Act. A copy of the minute order was mailed to counsel for Plaintiff. Plaintiff filed the instant motion on November 02, 2020.

  • Hearing

    Dec 04, 2020

JOHANNES ZUURVEEN ET AL VS LA COUNTY DEPT OF HEALTH SERVICE

The County’s Cross-Complaint asserts causes of action for (1) breach of contract, (2) common counts ­– goods and services rendered, and (3) common counts – account stated. The County alleges that Cross-Defendants have failed to pay bills for medical services rendered to Johannes during his hospitalization at Harbor. C. Course of Proceedings On April 29, 2019, the Court granted the County’s motion for summary adjudication of Plaintiffs’ wrongful death cause of action.

  • Hearing

    Dec 04, 2020

L.A. TIRE TECH, INC., A CALIFORNIA CORPORATION VS L&W SUPPLY CORPORATION, A WISCONSIN CORPORATION

The third amended complaint (“TAC”), filed August 27, 2020, alleges causes of action for: (1) goods and services rendered (common count); (2) account stated (common count); (3) open book account; (4) breach of oral contract; (5) promissory fraud; and (6) deceit. B. Demurrer on Calendar On September 25, 2020, Defendant filed a demurrer to the 5th and 6th causes of action alleged in the TAC. On November 19, 2020, Plaintiff filed an opposition brief. On November 24, 2020, Defendant filed a reply brief.

  • Hearing

    Dec 04, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • County

    Los Angeles County, CA

ARF FINANCIAL, LLC VS SAMBA GROUP, INC., A CALIFORNIA CORPORATION, ET AL.

The complaint, filed July 22, 2020, alleges causes of action for: (1) breach of written agreement; (2) money lent; (3) indebtedness; (4) unjust enrichment; and (5) account stated. B. Relevant Background and Motion on Calendar On October 5, 2020, the default of Defendants George J. Moussali and Ramin Abdollahi were entered. The Clerk of the Court rejected the request for default against Defendant Samba Group, Inc. dba Samba Brazilian Steakhouse & Lounge, indicating that there was a pending motion.

  • Hearing

    Dec 04, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  • County

    Los Angeles County, CA

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