A book account is a detailed statement constituting the principal record of transactions between a debtor and creditor arising out of a contractual relationship between the two. (Code Civ. Procedure, § 337a.)
The elements of a cause of action for open book account are:
(CACI 372; see also CCP § 337a; Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal. App. 4th 1334, 1343.)
“A book account may furnish the basis for an action on a common count when it contains a statement of the debits and credits of the transactions involved completely enough to supply evidence from which it can be reasonably determined what amount is due to the claimant. A book account is described as ‘open’ when the debtor has made some payment on the account, leaving a balance due.” (Interstate Group Administrators, Inc. v. Cravens, Dargan & Co. (1985) 174 Cal.App.3d 700, 708.)
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.
Contract
Breach
Los Angeles County, CA
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.
Los Angeles County, CA
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.
Collections
Promisory Note
Los Angeles County, CA
On February 24, 2020, Plaintiff Crown Asset Management, LLC (“Plaintiff”) filed a complaint, asserting causes of action against David Peck (“Peck”) and Does I-X for: Open Book Account Money Lent Trial is set for April 5, 2021. Legal Standard Request for Production A response to a request for production of documents is due 30 days after service. (Code Civ. Proc., § 2031.260, subd. (a).)
Los Angeles County, CA
BACKGROUND The operative Second Amended Complaint (“SAC”) arises from the alleged breach of a contract, alleging causes of action for: (1) breach of contract; (2) breach of oral promise; and (3) common counts—account stated and open book account. Moving Defendant filed a demurrer to the SAC.
Collections
Collections
Los Angeles County, CA
BACKGROUND On January 17, 2020, plaintiff Wells Fargo Bank, N.A. filed a complaint against James A Stewartson for (1), (2) breach of contract, (3) for money lent, (4) for money paid, laid out, and expended, (5) open book account, and (6) account stated. On April 27, 2020, defendant (self-represented) filed an answer. On September 3, 2020, the court granted plaintiff’s motion to deem admitted the truth of the matters in its request for admissions, set one.
Collections
Collections
Los Angeles County, CA
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.
Business
Intellectual Property
Los Angeles County, CA
The complaint, filed September 18, 2020, alleges 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. B.
Real Property
Landlord Tenant
Los Angeles County, CA
PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT BACKGROUND: On July 15, 2020, Plaintiff Porter Rents, LLC commenced this action against Defendants Nextech Construction, Inc. and Seungil Ha for (1) breach of contract; (2) open book account; (3) account stated; and (4) breach of personal guarantee, seeking damages in the amount of $99,598.47. On October 14, 2020, default was entered against Defendants Nextech Construction, Inc. and Seungil Ha. ANALYSIS: The interest rate calculation is slightly off.
Collections
Collections
Los Angeles County, CA
On April 11, 2019, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-10 for: Breach of Contract Open Book Account Account Stated Reasonable Value On June 18, 2019, Defendant’s default was entered. On October 24, 2019, default judgment was granted. On February 27, 2020, the court denied Defendant’s Motion to Set Aside/Vacate Default and/or Default Judgment. Discussion Demidchik Law Firm seeks to be relieved as counsel of record for Defendant (“Client”).
Los Angeles County, CA
A prevailing party in an action on a contract based on an open book account is entitled to reasonable attorney’s fees. Civil Code §1717.5(a).
Los Angeles County, CA
On January 9, 2020 Plaintiff filed a Complaint against Defendant 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 now moves for judgment on the pleadings. [Tentative] Ruling Plaintiff Forwardline Financial, LLC’s Motion for Judgment on the Pleadings is GRANTED.
Collections
Promisory Note
Los Angeles County, CA
Formosa Complaint alleges the following eleven causes of action: (1) breach of contract against Lavitex and Lavi, (2) open book account against Lavitex and Lavi, (3) account stated against Lavitex and Lavi, (4) goods sold and delivered against Lavitex and Lavi, (5) conversion against Lavitex and Lavi, (6) claim and delivery against Lavitex and Lavi, (7) dishonored checks (Civil Code § 1719 against Lavitex and Lavi, (8) fraudulent transfers/conveyance/conspiracy to defraud against all Defendants, (9) fraudulent
Personal Injury/ Tort
Fraud
Los Angeles County, CA
PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT BACKGROUND: On August 5, 2019, Plaintiff Global Trend Productions, Inc. commenced this action against Defendant Atlanta Audio-Visuals, Inc. for (1) breach of written agreement; (2) reasonable value; (3) indebtedness; and (4) open book account, seeking damages in the amount of $31,327.40.
Contract
Breach
Los Angeles County, CA
.: 20SMCV00951 Motion: Applications for Writ of Attachments Hearing Date: 11/13/2020 Factual & Procedural Background On July 21, 2020, Plaintiff Pawnee Leasing Corporation filed a ten cause of action complaint for (1) breach of written agreement; (2) breach of personal guaranty; (3) breach of guaranty; (4) open book account; (5) reasonable value; (6) account stated; (7) indebtedness; (8) unjust enrichment; (9) claim and delivery; and (10) conversion.
Real Property
Landlord Tenant
Los Angeles County, CA
.: 19SMCV00768 MOTION: Defendant Michael Greco’s Demurrer to First Amended Complaint HEARING DATE: 11/10/2020 Background On June 12, 2019, Plaintiff Southern Glaziers Wine and Spirits filed a first amended complaint (FAC) against Fizz Vegas LLC, a dissolved Nevada LLC, Michael Greco, and Does 1 through 10 alleging breach of contract, open book account, account stated, reasonable value, and breach of personal guarantee.
Contract
Breach
Los Angeles County, CA
book account; and (11) action to set aside fraudulent or voidable transfers.
Personal Injury/ Tort
Fraud
Los Angeles County, CA
On February 10, 2010, Plaintiff filed its complaint against Karapet Momdjian for breach of contract, claim and delivery, account stated and open book account. On July 7, 2018, Plaintiff filed first amended complaint. The first amended complaint added defendants Mega Auto Dismantling, Inc. and Nazaryan Oganos. The clerk entered default against Momdjjian on June 10, 2011. On July 8, 2010, the court, on its own order, set aside the default against Momdijian.
Collections
Collections
Los Angeles County, CA
Louendo alleging: (1) breach of contract; (2) for money due on an open book account; (3) for money due on an account stated; (4) declaratory relief; and (5) stipulation for entry of judgment. On May 31, 2017, Plaintiff filed a notice of settlement of entire case. On March 11, 2020, Plaintiff moved for an order to enter judgment pursuant to the settlement agreement.
Real Property
Landlord Tenant
Los Angeles County, CA
On January 18, 2019, Plaintiff filed a complaint asserting causes of action for: (1) Breach of Contract; (2) Common Count for Open Book Account; and (3) Quantum Meruit. On October 8, 2020, Byron Z. Moldo (“Counsel”) filed the instant motion to be relieved as counsel for Defendant. Defendant does not oppose.
Contract
Breach
Los Angeles County, CA
PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT BACKGROUND: On June 22, 2020, Plaintiff Direct Chassislink, Inc. commenced this action against Defendant SFE Logistics Two, Inc. for (1) reasonable value; (2) account stated; (3) open book account; and (4) unjust enrichment. On August 18, 2020, default was entered against Defendant SFE Logistics Two, Inc.
Contract
Breach
Los Angeles County, CA
On December 16, 2016, KET filed a cross-complaint against Plaintiffs/Cross-Complainants Tristar and 18131 Ventura Blvd, LLC (“Ventura”) for: (1) breach of contract; (2) indebitatus assumpsit; (3) account stated; (4) open book account; (5) quantum meruit; and (6) foreclosure of mechanic’s lien. B. Relevant Background and Motions on Calendar A bench trial was conducted on May 23 to May 25, 2018. The Court issued a statement of decision on June 25, 2018.
Personal Injury/ Tort
Fraud
Los Angeles County, CA
(“Plaintiff”) initiated this action against Defendants James Greeley (“James”) and Rosa Greeley (“Rosa”) (collectively, “Defendants”) alleging causes of action for (1) breach of written contract, (2) breach of oral contract, (3) open book account, (4) account stated, (5) quantum meruit, and (6) fraudulent inducement.
Los Angeles County, CA
The complaint alleges causes of action for breach of oral contact, quantum meruit, open book account, and account stated. This matter was originally heard on July 17, 2020. On the evening of Thursday, July 16, 2020, the court’s detailed tentative ruling was published to the parties. The court’s tentative ruling was to grant the motion to quash brought by defendant Jerry A. Jacobs, Sr.
Los Angeles County, CA
Promissory Estoppel Money Had and Received Open Book Account Account Stated Restitution Based on Unjust Enrichment Defendants submit authorities holding that each of these causes of action is barred by the applicable statutes of limitation. Plaintiff offers no argument or authority in opposition. In light of this ruling the court does not reach Defendants' usury arguments. The court orders Defendants to submit a proposed judgment of dismissal within 10 days of this ruling.
Contract
Breach
San Diego County, CA
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