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

101-125 of 2087 results

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

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

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

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

DISCOVER BANK VS VIOLET MINAEIAN

At best, Plaintiff’s evidence showed an account stated in the amount of $30,704.28. The document from which a higher amount was derived, $32,614.87, i.e., the amount now sought, appears to be an internal spreadsheet. There is no evidence it was ever sent to the cardholder, and hence it cannot form the basis for an account stated. Mr. Madrid offered no explanation for the conflict between the two documents. Because his only knowledge is derived from the documents, Plaintiff’s documents impeach each other.

  • Hearing

    Dec 04, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  • County

    Los Angeles County, CA

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

The complaint alleges causes of action for open book account, account stated, reasonable value, and breach of contract. On June 30, 2017, 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 has been stayed. The opposition submits a docket showing that the subject bankruptcy case was closed on October 25, 2019.

  • Hearing

    Dec 04, 2020

RICHARD PECH VS THOMAS E. MORGAN, III, ET AL.

Plaintiff moves for summary adjudication of the second cause of action for account stated.

  • Hearing

    Dec 03, 2020

  • Type

    Contract

  • Sub Type

    Breach

AMERICAN EXPRESS NATIONAL BANK VS MIGUEL RUIZ, ET AL.

The element of assent is necessary to establish a cause of action for account stated, and there is no assent when the receiving party objects to the statement of account or there is no evidence of the receiving party’s acknowledgment of the sum due. ((Hansen v. Fresno Jersey Farm Dairy Co. (1934) 220 Cal. 402, 408.) Here, the Court finds that Plaintiff’s evidence satisfies the elements for an account stated.

  • Hearing

    Dec 03, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

UNIFUND CCR LLC VS BONIFACIO

The complaint states facts sufficient to constitute a cause of action for account stated against Defendant Fernando Bonifacio. It is alleged that defendant became indebted on an account stated in writing for money due in the sum of $1,540.49. On or about September 6, 2016, defendant defaulted on the account by failing to make the required monthly payment. Thereafter, the entire amount owed was declared due. Defendant failed to pay the sums due.

  • Hearing

    Dec 03, 2020

  • Type

    Collections

  • Sub Type

    Collections

C D M CONCRETE CONSTRUCTION VS K R COMMERCIAL INTERIORS INC

Plaintiff is entitled to plead this cause of action in the alternative in the event the alleged agreement is found to be unenforceable. 3rd COA: 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.

  • Hearing

    Dec 02, 2020

  • Type

    Contract

  • Sub Type

    Breach

OXFORD INTERNATIONAL, INC., A CALIFORNIA CORPORATION VS VANOUNOU CLOTHING, INC., A CALIFORNIA CORPORATION, ET AL.

(“Plaintiff”) filed this action for breach of contract, open account, account stated, goods sold and delivered, conversion, claim and delivery, bad check, and promise without intent to perform against Defendants Vanounou Clothing, Inc. (“Vanounou Clothing”), New Clothing, LLC, Moshe Vanounou (“Moshe”), and Zion Vanounou (“Zion”) (collectively, “Defendants”). Defendants Vanounou Clothing, Moshe, and Zion were personally served with the Summons and Complaint on February 28, 2020. (3/25/20 Proofs of Service.)

  • Hearing

    Dec 02, 2020

FUNDATION GROUP LLC VS BINH NGUYEN, ET AL.

On August 5, 2019, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-100 for: Breach of Contract Open Book Account Account Stated Unjust Enrichment On November 18, 2019, Defendants’ defaults were entered. An Order to Show Cause Re: Failure to File Default Judgment Packet is set for December 2, 2020. Discussion Plaintiff’s Application for Default Judgment is GRANTED. The court reduces attorney’s fees to $2,005.74, per Local Rule 3.214.

  • Hearing

    Dec 02, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

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

.; NTI-CA Inc. dba NTI Ground Trans, John Kindy, and 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. Dismissal of the complaint as to John Kindy and James Gleich was entered on December 27, 2019.

  • Hearing

    Dec 02, 2020

  • Type

    Collections

  • Sub Type

    Collections

WELLS FARGO BANK, N.A. VS. SALVATORE

Plaintiff has therefore met its initial burden to produce admissible evidence on each element of the account stated cause of action. The burden shifts to Defendant to show that a triable issue of material fact exists. Defendant has not opposed the Motion, therefore, the Motion is granted as to the sixth cause of action for account stated. Plaintiff to give notice. Future Hearings: No future hearings

  • Hearing

    Dec 01, 2020

OSHEEN HAGHNAZARIAN ET AL VS ALAN ROMERO ET AL

Romero’s complaint there, filed January 30, 2018, alleged claims for breach of contract and account stated arising from the same representation that forms the basis for Yaghobyan’s claims here. The complaint specifically alleged that Romero had “performed all the acts, services, and conditions required by the contract to be performed on its part.” (1/30/2018 Complaint ¶ 26.)

  • Hearing

    Dec 01, 2020

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 01, 2020

AMERICAN EXPRESS CENTURION BANK VS ESTHER L. OCHOA

Ochoa for (1) common counts: book account, account stated and (2) quantum meruit – reasonable value. On March 29, 2018, plaintiff filed a notice of settlement. Dismissal of the action was entered that same day. DISCUSSION Plaintiff seeks a court order vacating dismissal and entering judgment against defendant pursuant to CCP § 664.6.

  • Hearing

    Dec 01, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

FORWARDLINE FINANCIAL, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY VS HAN IK JANG, AN INDIVIDUAL AND SOLE PROPRIETOR OF EJ TEXTILES

BACKGROUND On December 16, 2019, Forwardline Financial, LLC (Plaintiff) filed a complaint against Han Ik Jane, individually and as sole proprietor of EJ Textiles (Defendant), 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. Plaintiff filed this motion on August 17, 2020 to compel Defendant’s responses to its Form Interrogatories and Request for Admissions. II. LEGAL STANDARDS A.

  • Hearing

    Dec 01, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  « first    1 2 3 4 5 6 7 8 9 10 ... 84     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.