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

I.L.W.U. CREDIT UNION VS JOHN SUA, ET AL.

On October 13, 2020, Plaintiff filed a complaint, asserting a cause of action against Defendants and Does 1-10 for: Note/Security Agreement (Deficiency) Money Lent Account Stated Breach of Note Money Lent On December 17, 2020, John’s default was entered. On January 6, 2021, Plaintiff dismissed Cindy, without prejudice. A Case Management Conference is set for March 10, 2021. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice.

  • Hearing

    Mar 10, 2021

  • Type

    Collections

  • Sub Type

    Promisory Note

UNIVERSITY OF LA VERNE VS YOUNG ACTORS CAMP, ET AL.

Rodriguez”) and Does 1-10 for: Common Count (Goods and/or Services Rendered) Common Count (Open Book Account) Common Count (Account Stated) Common Count (Money Had and Received) On March 13, 2020, Camp’s and S. Rodriguez’s defaults were entered. On July 13, 2020, N. Rodriguez’s default was entered. An Order to Show Cause Re: Failure to Proceed with Default Judgment is set for February 4, 2021. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice.

  • Hearing

    Feb 04, 2021

  • Type

    Collections

  • Sub Type

    Promisory Note

SUNPOWER CAPITAL, LLC VS BEN HE, ET AL.

On September 8, 2020, Plaintiff filed a complaint, asserting causes of action against He, Wang and Does 1-10 for: Breach of Contract Common Counts (Account Stated, Money Had and Received, Money Lent and Money Paid) On December 1, 2020, He’s and Wang’s defaults were entered. A Case Management Conference is set for February 1, 2021.

  • Hearing

    Feb 01, 2021

  • Type

    Contract

  • Sub Type

    Breach

PERSOLVE LEGAL GROUP, LLP VS LETICIA HERNANDEZ

On June 5, 2020, Plaintiff filed a complaint, asserting causes of action against Hernandez and Does 1-100 for: Breach of Contract Money Lent Account Stated On November 3, 2020, Hernandez’s default was entered. An Order to Show Cause Re: Failure to Proceed with Default Judgment is set for February 1, 2020.

  • Hearing

    Feb 01, 2021

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

Second and Third Causes of Action Defendant argues that there is no “summary” page or other evidence of what the open book/account stated amount is, and the amounts in the invoices do not equal the amount claimed. Whittier fails to brief either position.

  • Hearing

    Jan 28, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GENESIS MEDIA LLC VS OWNZONES MEDIA NETWORK INC ET AL

(“FACC”) The FACC alleges the following causes of action: (1) breach of contract, (2) promissory fraud, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) fraudulent transfer, (6) unjust enrichment, (7) account stated, (8) goods and serviced rendered/quantum meruit, (9) violation of California Business and Professions Code §17200, et seq.

  • Hearing

    Jan 27, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CCRC BUCKHEAD NAPLES VS DAILY LOVE MEDIA, INC., A SOS FORFEITED DELAWARE CORPORATION

The Complaint asserts causes of action for: Open Book Account; Account Stated; Reasonable Value of Goods/Services Received; Agreement; and Unjust Enrichment. On January 4, 2021, default was entered as to Daily Love Media, Inc. (hereinafter “Defendant”). On the same day, Does 1 to 10 were dismissed without prejudice. REQUEST FOR ENTRY OF JUDGMENT IS GRANTED; CORRECTED JUDGMENT REQUIRED.

  • Hearing

    Jan 26, 2021

  • Type

    Collections

  • Sub Type

    Promisory Note

(NO CASE NAME AVAILABLE)

procedural history Formosa filed the Complaint on July 17, 2020, alleging seven causes of action: Breach of contract Open account Account stated Goods sold and delivered Conversion Claim and delivery Unjust enrichment – constructive trust On April 29, 2020, Standard filed the Cross-Complaint, alleging twelve causes of action: Breach of contract Breach of implied covenant of good faith and fair dealing Accounting Violation of B&P Code § 17200 Fraud and deceit Negligent misrepresentation Intentional

  • Hearing

    Jan 26, 2021

GROUP 35, A CALIFORNIA LIMITED PARTNERSHIP VS PROVISION ENTERTAINMENT, INC., A CALIFORNIA CORPORATION, ET AL.

On September 9, 2020, Plaintiff filed a complaint for Breach of Commercial Lease, Breach of Guarantee, Account Stated, and Unjust Enrichment. Provision Entertainment is only named in the breach of lease cause of action, and Thornton in the breach of guaranty. Both defendants are named in the account stated and unjust enrichment causes of action. On November 30, 2020, the clerk entered defaults against both defendants.

  • Hearing

    Jan 26, 2021

  • Type

    Contract

  • Sub Type

    Breach

FORMOSA FABRIC, INC., A CALIFORNIA CORPORATION VS THE STANDARD FABRICS INTERNATIONAL, INC., A CALIFORNIA CORPORATION

procedural history Formosa filed the Complaint on July 17, 2020, alleging seven causes of action: Breach of contract Open account Account stated Goods sold and delivered Conversion Claim and delivery Unjust enrichment – constructive trust On April 29, 2020, Standard filed the Cross-Complaint, alleging twelve causes of action: Breach of contract Breach of implied covenant of good faith and fair dealing Accounting Violation of B&P Code § 17200 Fraud and deceit Negligent misrepresentation Intentional

  • Hearing

    Jan 26, 2021

  • Type

    Contract

  • Sub Type

    Breach

TITANIUM FABRICS LLC VS VIV COLLECTION INC ET AL

The Complaint asserts causes of action for breach of contract, open account, account stated, goods sold and delivered, conversion, claim and delivery, promise without intent to perform, intentional misrepresentation, and negligent misrepresentation. On October 29, 2019, Jun filed a Cross-Complaint for implied indemnity, equitable contribution, and declaratory relief against Cross-Defendants Viv Collection, Inc., Line Apparel, LLC, and Dongkoo Jeon. Jun now moves to compel responses to written discovery.

  • Hearing

    Jan 26, 2021

  • Type

    Contract

  • Sub Type

    Breach

MORRISON EXPRESS CORPORATION VS SPECIALTY PROCESSING, LLC

BACKGROUND On November 4, 2020, plaintiff Morrison Express Corporation filed a complaint against Specialty Processing, LLC for (1) breach of written contract, (2) breach of oral contract, (3) account stated, and (4) quantum meruit. On January 12, 2021, plaintiff filed a First Amended Complaint against Specialty Processing, LLC, Specialty Recycling Exporting, Inc., and Theodore Del Medico.

  • Hearing

    Jan 26, 2021

  • Type

    Contract

  • Sub Type

    Breach

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 January 25, 2021. 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 February 22, 2021 at 10:00 a.m. (Code Civ.

  • Hearing

    Jan 25, 2021

  • Type

    Collections

  • Sub Type

    Promisory Note

IMAGECRAFT PRODUCTIONS INC VS HOLLYWOOD CENTER STAGES INC ET

(“SPC”) (collectively “Defendants”), asserting causes of action for (1) breach of contract, (2) common count – account stated, (3) common count – open book account, (4) fraud – intentional misrepresentation, (5) breach of the covenant of good faith and fair dealing, and (6) fraudulent transfer of assets.

  • Hearing

    Jan 25, 2021

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

CEMEX USA, INC. VS ATILANO, INC., A CALIFORNIA CORPORATION, ET AL.

On August 20, 2020, Plaintiff filed a complaint, asserting causes of action against Corporation, Atilano and Does 1-10 for: Breach of Contract Open Book Account Account Stated Reasonable Value Personal Guarantee On October 16, 2020, Corporation’s and Atilano’s defaults were entered. A Case Management Conference is set for January 22, 2021. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice.

  • Hearing

    Jan 22, 2021

  • Type

    Contract

  • Sub Type

    Breach

PATELCO CREDIT UNION VS FERNANDO AQUINO, JR

Common counts: The third and fourth causes of action state common counts for ‘money had and received’ and ‘account stated.’ On these counts, moving party seeks recovery of the entire principal sum of $21,355.51, and interest at the legal rate of ten (10) percent pursuant to Civil Code section 3289(b), from the date of breach.

  • Hearing

    Jan 21, 2021

  • Judge Jayne Lee
  • County

    San Joaquin County, CA

CITY OF LOS ANGELES, ACTING BY AND THROUGH THE LOS ANGELES DEPARTMENT OF WATER AND POWER VS TIGRAN ANTANYAN

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT BACKGROUND: On October 16, 2019, Plaintiff City of City of Los Angeles, Acting by and through the Los Angeles Department of Water and Power commenced this action against Defendant Tigran Antanyan for (1) account stated; (2) book account; (3) goods and services rendered; and (4) Civil Code 1882, seeking damages in the amount of $149,639.96.

  • Hearing

    Jan 21, 2021

CITIZENS BUSINESS BANK, A CALIFORNIA CORPORATION VS 30SIXTY ADVERTISING & DESIGN, INC., A CALIFORNIA CORPORATION, ET AL.

Complaint Plaintiff Bank commenced this action on September 8, 2020, alleging causes of action for (1) breach of promissory note; (2) breach of commercial guaranties; (3) money lent; (4) account stated; (5) fair valuation; (6) claim and delivery; (7) conversion; and (8) appointment of receiver and seeking the remedy of injunctive relief. The Complaint alleges in pertinent part as follows.

  • Hearing

    Jan 21, 2021

  • Type

    Contract

  • Sub Type

    Breach

AUTOMATED PARKING TECHNOLOGIES, INC., A CALIFORNIA CORPORATION VS NORTHROP GRUMMAN AEROSPACE INTERNATIONAL, INC., A DELAWARE CORPORATION

“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.” Leighton v. Forster (2017) 8 Cal.App.5th 467, 491.

  • Hearing

    Jan 21, 2021

CITIZENS BUSINESS BANK, A CALIFORNIA CORPORATION VS 30SIXTY ADVERTISING & DESIGN, INC., A CALIFORNIA CORPORATION, ET AL.

Complaint Plaintiff Bank commenced this action on September 8, 2020, alleging causes of action for (1) breach of promissory note; (2) breach of commercial guaranties; (3) money lent; (4) account stated; (5) fair valuation; (6) claim and delivery; (7) conversion; and (8) appointment of receiver and seeking the remedy of injunctive relief. The Complaint alleges in pertinent part as follows.

  • Hearing

    Jan 21, 2021

  • Type

    Contract

  • Sub Type

    Breach

TITANIUM FABRICS LLC VS VIV COLLECTION INC ET AL

The Complaint asserts causes of action for breach of contract, open account, account stated, goods sold and delivered, conversion, claim and delivery, promise without intent to perform, intentional misrepresentation, and negligent misrepresentation. On September 18, 2020, counsel for Jun served Special Interrogatories, Set No. on Plaintiff. (Park Decl., ¶ 3, Ex. 1.)

  • Hearing

    Jan 21, 2021

  • Type

    Contract

  • Sub Type

    Breach

TITANIUM FABRICS LLC VS VIV COLLECTION INC ET AL

The Complaint asserts causes of action for breach of contract, open account, account stated, goods sold and delivered, conversion, claim and delivery, promise without intent to perform, intentional misrepresentation, and negligent misrepresentation. On September 18, 2020, counsel for Jun served Form Interrogatories, Set No. One and Request for Documents, Set No. One on Plaintiff. (Park Decls., ¶ 3, Exs. 1.)

  • Hearing

    Jan 20, 2021

  • Type

    Contract

  • Sub Type

    Breach

ALAN M GOLDBERG VS. EUGENE SAAL

Goldberg (Plaintiff) filed a complaint against Eugene Saal, Aryeh Pathi, Pascal Brenninkmeijer, July Weiss, and Does 1 through 100, alleging claims for: (1) open book account; (2) account stated; (3) reasonable value; (4) unjust enrichment; (5) quantum meruit; (6) breach of written contract; and (7) breach of oral contract. On August 13, 2020, a Mandatory Settlement Conference was held and, with the Court’s participation, this action was settled.

  • Hearing

    Jan 20, 2021

KIM V. KIM

Fifth Cause of Action (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. [Citations.]” (Zinn v. Fred R. Bright Co. (1969) 271 Cal.App.2d 597, 600.)

  • Hearing

    Jan 19, 2021

PAWNEE LEASING CORPORATION VS TIFFANY'S HOUSE OF BOUNCE, A CALIFORNIA CORPORATION, ET AL.

Complaint Plaintiff Pawnee commenced this action on October 13, 2020, alleging causes of action for (1) breach of written agreement, (2) breach of personal guaranty, (3) open book account, (4) reasonable value, (5) account stated, (6) indebtedness, (7) unjust enrichment, (8) claim and delivery, and (9) conversion. The Complaint alleges in pertinent part as follows.

  • Hearing

    Jan 19, 2021

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