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.)
Open Book Account Defendant argues that Plaintiff has failed to state a claim for open book account because Plaintiff alleges it is entitled to 10% debt, yet the alleged agreement does not provide for interest. At the pleading stage, well-plead allegations are accepted as true. (Popescu v. Apple, Inc. (2016) 1 Cal.App.5th 39,46.) Here, it is sufficient at this stage for Plaintiff to allege that it is entitled to interest under the contract.
Jul 17, 2020
Los Angeles County, CA
., to recover $621,699.28 owed on an open book account. Yiwu allegedly provided CloudB with goods, wares, and merchandise for which Cloud has not paid. YCTC now moves to strike Cloud B’s answer for failing to acquire counsel. The motion is unopposed.
Jul 14, 2020
Maurice A. Leiter or Salvatore Sirna
Los Angeles County, CA
Plaintiff’s Complaint alleges causes of action for: (1) breach of contract, (2) open book account, and (3) account stated. On March 21, 2019, default judgment was entered against Defendant. Defendant now moves to vacate the default judgment on the grounds that the Summons and Complaint were never properly served. Plaintiff opposes the motion.
Jul 14, 2020
Los Angeles County, CA
Plaintiff also failed to allege sufficient facts to constitute a cause of action for money on an open book account. Plaintiff’s money on an open book account claim is based on the same underlying allegations as its breach of contract cause of action. (Complaint ¶26-28.) In light of Plaintiff’s failure to sufficiently allege breach of contract, its money on open book account is also insufficiently alleged. Plaintiff bears the burden of proving there is a reasonable possibility of amendment. (See Blank v.
Jul 13, 2020
Los Angeles County, CA
procedural history Plaintiff filed the Complaint on June 14, 2017, alleging three causes of action: Open Book Account Account Stated Reasonable Value The parties stipulated to entry of conditional judgment and settlement on July 25, 2018, and filed a Notice of Settlement on July 26, 2018. On August 27, 2018, Plaintiff filed a Request for Dismissal without prejudice as to all parties and causes of action, with Court to retain jurisdiction to enforce settlement.
Jul 10, 2020
Los Angeles County, CA
The Cross-Complaint alleges 12 causes of action for: breach of contract; breach of the implied covenant of good faith and fair dealing; intentional misrepresentation in the alternative, negligent misrepresentation; common count: account stated, open book account, services rendered foreclosure of mechanics’ lien; negligence; defamation per se; comparative equitable indemnity; contribution; total implied indemnity and; declaratory relief.
Jul 10, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Plaintiff’s operative Complaint alleges the following causes of action: (1) breach of contract, (2) open book account, (3) account stated, (4) reasonable value, and (5) breach of guaranty against defendants, Hannel Jarnagin and Revis W. Jarnagin. Service of Summons: Plaintiff filed a proof of service on December 6, 2019 as to Revis Jarnagin. The proof of service shows that Revis Jarnagin was personally served on November 13, 2019 at 445 Highland Avenue, Barstow, California 92311.
Jul 10, 2020
Contract
Breach
Los Angeles County, CA
Open Book Account The elements of an open book account cause of action are: (1) That the plaintiff and defendant had financial transactions with each other; (2) that the plaintiff, in the regular course of business, kept a written account of the debits and credits involved in the transactions; (3) that the defendant owes the plaintiff money on the account; and (4) the amount of money the defendant owes the plaintiff. (CACI 372.)
Jul 09, 2020
Contract
Breach
Maurice A. Leiter or Salvatore Sirna
Los Angeles County, CA
Plaintiff has proven the elements of its open book account cause of action. Plaintiff’s motion for summary judgment is granted.
Jul 09, 2020
Solano County, CA
Lee (collectively, Defendants), alleging: (1) breach of oral contract; (2) breach of written contract; (3) goods sold and delivered; (4) open book account; (5) accounted stated; (6) fraud/deceit—intentional misrepresentation; (7) fraud/false promise made without intent to perform; (8) negligent misrepresentation; and (9) conspiracy to commit fraud.
Jul 09, 2020
Los Angeles County, CA
BACKGROUND Summary of Complaint: This is an action for open book account arising out of Plaintiff, Camposol Fresh U.S.A., Inc. (“Plaintiff”)’s sale of goods and services to Defendant, MLC Berries, Inc. (“Defendant”). Plaintiff alleges that Defendant became indebted in the total sum of $254,988.00 and although demand has been made for payment, no part of that balance has been paid.
Jul 08, 2020
Collections
Promisory Note
Los Angeles County, CA
Third COA: Common Count – Open Book Account The third cause of action is for open book account and is by Plaintiff Zachary Bautzer and against Defendant Laine S. Goldman, individually. Defendant demurs to this cause of action on the grounds that the account is “closed” as to Johanna Goldman. The Court notes that this cause of action is not directed at Johanna Goldman’s estate.
Jul 08, 2020
Collections
Promisory Note
Los Angeles County, CA
As such, Plaintiff has failed to make a prima facie showing for its open book account claim against Defendant and summary adjudication of this cause of action is therefore denied. 2nd Cause of Action (Account Stated). Here, Plaintiff has the burden of proving, among other things, that Defendant agreed that amounts stated in the account were correct and that Defendant promised to pay the amounts stated. (See CACI 373.)
Jul 08, 2020
San Joaquin County, CA
book account; and (11) action to set aside fraudulent or voidable transfers.
Jul 07, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
The operative First Amended Complaint (“FAC”) alleges four causes of action for: 1) breach of written contract; 2) quantum meruit; 3) account stated; and 4) open book account. On April 3, 2019, Cross-Complainant filed a cross-complaint against Cross-Defendant, alleging seven causes of action for: 1) breach of contract; 2) negligence; 3) nuisance; 4) express indemnity; 5) implied indemnity; 6) equitable indemnity; and 7) declaratory relief.
Jul 07, 2020
Los Angeles County, CA
The Complaint alleges the following causes of action: Account Stated; Open Book Account; Goods Sold and/or Services Rendered Defendant’s attorney was relieved as counsel of record for defendant Nationwide Uniform Group, Inc. on September 5, 2019. Defendant has not secured replacement counsel. Plaintiff now moves to strike Defendant’s answer and for entry of judgment.
Jul 07, 2020
Collections
Collections
Maurice A. Leiter or Salvatore Sirna
Los Angeles County, CA
On December 6, 2019, Plaintiff filed a Complaint against Defendants for the following causes of action: (1) Breach of Contract; (2) Open Book Account; (3) Accounting; and (4) Declaratory Relief. On February 3, 2020, Defendant filed the instant Motion for Transfer of Venue. The Court considered the papers, opposition, and reply briefs and rules as follows. Motion to Transfer Venue Standard “Venue is determined based on the complaint on file at the time the motion to change venue is made.” Brown v.
Jul 07, 2020
Los Angeles County, CA
(Encino or Defendant), alleging: (1) breach of contract; (2) common counts; (3) open book account; (4) account stated; (5) quantum meruit; and (5) unjust enrichment. Between February 2019 and May 2019, Brand and Encino had a produce agreement requiring Brand to supply Encino with fruits and vegetables in exchange for Encino paying Brand for this produce. Brand delivered Encino invoices detailing the produce delivered and its purchase price.
Jul 06, 2020
Contract
Breach
Los Angeles County, CA
Plaintiff filed its Complaint on August 09, 2018, and a First Amended Complaint (“FAC”) on October 26, 2018, alleging causes of action sounding in (1) Breach of Contract; (2) Common Count – Open Book Account; (3) Common Count – Account Stated; (4) Common Count – Money Lent; (5) Breach of Contract; (6) Common Count – Open Book Account; (7) Common Count – Account Stated; and (8) Common Count – Money Lent.
Jul 06, 2020
Collections
Promisory Note
Los Angeles County, CA
First Cause of Action – Open Book Account Houshmand argues that the allegations for this cause of action are conclusory, and that the Court lacks subject matter jurisdiction because there is no valid agreement. (Motion at p. 2.) The Court disagrees. First, the FAC alleges numerous facts regarding the circumstances of the outstanding open book account in the amount of $569,000. (FAC ¶ 18.) Second, it is irrelevant whether there is a valid agreement for purposes of this cause of action.
Jul 06, 2020
Los Angeles County, CA
., SKJ Enterprises, and Kyk Sales, Inc, alleging, (1) common counts—open book account; (2) common counts—goods sold and delivered; (3) account stated; and (4) money due on dishonored checks. From May 17, 2019 to August 27, 2019, Defendants purchased wholesale textiles from the Standard Fabrics International, Inc., on an open book account, and became indebted in the amount of $25,728.12 for the unpaid portion of the wholesale textiles received.
Jul 06, 2020
Collections
Promisory Note
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.
Jul 02, 2020
Business
Intellectual Property
Los Angeles County, CA
Plaintiff stated in the FAC that Plaintiffs became indebted to Defendants within the last four years on an open book account for money due, and/or for money had and received by Defendants for the use and benefit of Plaintiff in the amount of $180,000. (FAC, ¶ 59.) This amount remains due and unpaid. (Id.) Plaintiff also alleged that no part of the sum has been paid. (Id. at ¶ 6.) These allegations sufficiently demonstrate the elements of a common counts cause of action, and thus should survive demurrer.
Jul 02, 2020
Real Property
Quiet Title
Los Angeles County, CA
The Complaint asserts causes of action for: Open Book Account; Account Stated; Reasonable Value; Money Lent; Breach of Written Contract (against Johnel’s A Cut Above); and Breach of Written Guarantee (against Hall). On May 27, 2020, default was entered as to Defendants. On June 1, 2020, Does 1 through 100 were dismissed without prejudice.
Jul 02, 2020
Other
Intellectual Property
Los Angeles County, CA
SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: Filed on June 22, 2020 [ ] Late [ ] None REPLY: None filed as of July 1, 2020 [ ] Late [X] None ANALYSIS: Background On June 17, 2020, Plaintiff Discovery Bank (“Plaintiff”) filed an action for open book account and account stated against Defendant Randall Stevens (“Defendant”). On August 7, 2019, Defendant filed an Answer.
Jul 02, 2020
Collections
Collections
James E. Blancarte
Los Angeles County, CA
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