What is an Open Book Account?

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:

  1. Plaintiff and Defendant had financial transactions,
  2. Plaintiff kept an account of the debits and credits involved in the transactions,
  3. Defendant owes Plaintiff money on the account and,
  4. the amount of money Defendant owes Plaintiff.

(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.)

Useful Rulings on Open Book Account

Recent Rulings on Open Book Account

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

  • Type

    Contract

  • Sub Type

    Breach

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

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

  • Type

    Collections

  • Sub Type

    Promisory Note

CROWN ASSET MANAGEMENT LLC VS DAVID PECK

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).)

  • Hearing

NINGBO JIANGDONG CHUANGGE IMPORT & EXPORT CO., LTD. VS BONITA FABRICS, INC., ET AL.

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.

  • Hearing

  • Type

    Collections

  • Sub Type

    Collections

WELLS FARGO BANK, N.A. VS JAMES A STEWARTSON

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.

  • Hearing

  • Type

    Collections

  • Sub Type

    Collections

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

  • Type

    Business

  • Sub Type

    Intellectual Property

PAWNEE LEASING CORPORATION VS SUNDIAL INDUSTRIES, INC., A CALIFORNIA CORPORATION, ET AL.

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.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • County

    Los Angeles County, CA

PORTER RENTS, LLC VS NEXTECH CONSTRUCTION, INC., ET AL.

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.

  • Hearing

  • Type

    Collections

  • Sub Type

    Collections

CREDITORS ADJUSTMENT BUREAU, INC. VS AEF FREIGHT USA, INC

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”).

  • Hearing

UP AND RUNNING SOFTWARE,INC., A MICHIGAN CORPORATION VS OBEN, INC., A DELAWARE CORPORATION

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).

  • Hearing

FORWARDLINE FINANCIAL, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY VS ANTHONY SEO, AN INDIVIDUAL AND SOLE PROPRIETOR OF ROUND RESTAURANT

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.

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

FORMOSA FABRIC INC., A CALIFORNIA CORPORATION VS OMID LAVI, ET AL.

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

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GLOBAL TREND PRODUCTIONS, INC., A CALIFORNIA CORPORATION VS ATLANTA AUDIO-VISUALS, INC., A GEORGIA CORPORATION

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.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

PAWNEE LEASING CORPORATION VS HAMILTON STAWSON LLC, ET AL.

.: 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.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

SOUTHERN GLAZIERS WINE AND SPIRITS VS FIZZ VEGAS LLC, A DISSOLVED NEVADA LIMITED LIABILITY COMPANY, ET AL.

.: 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.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

GEORGE STEPHAN, ET AL. VS LISA ANN BARKETT, ET AL.

book account; and (11) action to set aside fraudulent or voidable transfers.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

BANK OF THE WEST VS. KARAPET MOMDJIAN

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.

  • Hearing

  • Type

    Collections

  • Sub Type

    Collections

XEROX CORPORATION VS COPY CITY LLC ET AL

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.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

KULIK GOTTESMAN SIEGEL & WARE LLP, A CALIFORNIA LIMITED LIABILITY PARTNERSHIP VS TARZANA PLAZA CONDOMINIUMS ASSOCIATION, A NON-PROFIT MUTUAL BENEFIT CORPORATION, AND DOES 1 THROUGH 200, INCLUSIVE

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.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

DIRECT CHASSISLINK INC. VS SFE LOGISTICS TWO INC, A CORPORATION

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.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

TRISTAR REALTY GROUP, LLC VS. KOURY ENGINEERING

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.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

EXPO DESIGN & DEVELOPMENT, A CALIFORNIA DISSOLVED CORPORATION VS JAMES GREELEY, ET AL.

(“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.

  • Hearing

JENNY BERES COACHING, LLC VS JERRY A. JACOBS, JR., ET AL.

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.

  • Hearing

LASER VS CORPORAL BUILDING SERVICES

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.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

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