Open Book Account in California

If Defendant has evidence to contest the existence of an open book account, or the applicability of CC §1717.5, he can do that at the trial.

Plaintiff alleges one cause of action for common counts—open book account/account stated. Defendant did not file any opposition. ANALYSIS Open Book Account—GRANT The elements of a common count claim for open book account are: (1) that plaintiff and defendant had a financial transaction; (2) that plaintiff kept an account of the debits and credits involved in the transactions; (3) that defendant owes plaintiff money on the account; and (4) the amount of money that defendant owes plaintiff. CACI 372.

Plaintiff’s Complaint alleges common counts based on: (1) open book account; (2) account stated; (3) money lent; (4) money paid; and (5) credit extended. However, Plaintiff’s Memorandum of Points and Authorities (“MPA”) in support of its Motion attempts to demonstrate that Plaintiff has established claims for (1) open book account and (2) account stated. (MPA, at pp. 3-7.) Because Plaintiff has addressed only two of its claims, it has not demonstrated it is entitled to summary judgment.

The action is still pending and will continue against defendant Oden as to the first cause of action based on "common counts," for open book account and account stated.

As to the 5th COA (Breach of Contract), Defendant demurs to this cause of action based on the grounds it is a common count for open book account. However, this cause of action is for breach of contract. As to the 6th through 8th COAs (open book account), these claims are not barred by the statute of limitations. “Under California law, a four-year statute of limitations applies to…open book account. (Code Civ. Proc., § 337.)” (Prof'l Collection Consultants v. Lauron (2017) 8 Cal. App. 5th 958, 966.)

Wells Fargo seeks a summary judgment on its complaint in the principal amount of $10,229.20, plus prejudgment interest and $1,000 for open book account attorneys fees. 2. The problem Wells Fargo's motion faces is that its complaint contains 5 counts, including 4 common counts (for open book account, account stated, quantum meruit and money had and received); and 1 count for breach of contract.

As to the claim for open book account, Plaintiff has met its burden of proving each element of the cause of action entitling the party to judgment on the cause of action. (Code Civ. Proc., § 437c, subd. (p)(1).)

Book Account claim against Defendant Feonah Mae D Brown (Motion) is DENIED. 1.

Demurrer Defendant demurs to the third cause of action for common count – open book account.

.: TC028769 Matter on calendar for: default judgment CCP 585 Notes: In this action for open book account, account stated, and reasonable value, Plaintiff alleges that Defendant became due to Plaintiff on an open book account of $50,725.00. Tentative ruling: GRANT

Regarding the second cause of action for open book account, the Demurrer first argues that the elements for a breach of contract cause of action are not alleged. (Demurrer, pp. 11:9-14:14.) This is not relevant to an open book account. Next, Defendants argue that an open book account is characterized by a series of transactions over time but that the invoices are insufficient to show this.

The Court of Appeals, however, did not address whether the causes of action for open book account and common count were proper. ( Ibid .) This case, therefore, also does not demonstrate that an open book account can be alleged to recover on an express contract. Finally, in Kawasho Internat., U.S.A. Inc. v. Lakewood Pipe Service, Inc.

While generally the Court disfavors uncertainty as a ground for sustaining a demurrer, it is appropriate here as to its single cause of action for open book account. An open book account is a form of the common counts cause of action.

The trial date of February 25, 2008 will be on the open book account cause of action only.

Discussion The Complaint alleges a single cause of action for open book account with respect to unpaid rent owed regarding the subject premises.

However, for common counts, the complaint alleges multiple forms: open book account, account stated, money had and received, goods sold and delivered, money lent, and money paid. Open book account and account stated are slightly different than the others, which are common counts.

These facts are sufficient to establish an open book account with a balance of $1,287.19 still owing. Accordingly, Plaintiff has met its initial burden as to an open book account. Defendant did not file an opposition to this motion. Common Counts: Account Stated With regard to proving account stated, Plaintiff submits the following material facts: Defendant applied for and was issued a credit card account. (UF 10.)

Tentative ruling: Plaintiff pursues this action, in part, as an open book account. Civil Code § 1717.5 limits attorney’s fee requests for open book accounts to $1,200. Plaintiff has requested $5,712.50 in fees. This requested amount also exceeds the fee schedule under Local Rule 3.214. ($1,429) · Reducing the fees as appropriate for an open book account results in a total judgment amount of $36,385.

Plaintiff alleges Defendant became indebted to it on an open book account for court reporter and interpreter services rendered at Defendant’s request. The pleadings allege claims for breach of contract, open book account, account stated, and services performed. (CCP § 128 and CRC 10.603. Based on the zip code listed on the Civil Cover Sheet, this matter is properly transferred to the Chatsworth Courthouse.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT BACKGROUND: On February 22, 2019, Plaintiff Trinet HR III, Inc. commenced this action against Defendant Speakr Inc. for (1) breach of contract; (2) open book account; (3) account stated; and (4) reasonable value. Plaintiff alleges that Plaintiff extended credit on an open book account to Defendant and breached the agreement by failing to pay all amounts due, resulting in damages to Plaintiff in the amount of $37,614.66. (Complaint, ¶¶ 6-10.)

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendant’s default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiff’s Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book (Account #1) 3. Money Lent (Account #1) 4. Breach of Contract (Account #2) 5. Open Book (Account #2) 6. Money Lent (Account #2) On October 12, 2021, Defendants default was entered. An Order to Show Cause Re: Entry of Default is set for December 16, 2021. Discussion Plaintiffs Application for Default Judgment is GRANTED.

Open Book Account; 3. Violation of California Water Code 75610 Et Seq.; and 4. Quantum Merit MOVING PARTY: United Water Conservation District CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend Complaint for: 1. Account Stated; 2. Open Book Account; 3. Violation of California Water Code 75610 Et Seq.; and 4. Quantum Merit; Memorandum of Points and Authorities, 09/17/2021 APPEARANCES Wendy H Wiles, counsel, present for Plaintiff(s) telephonically.

Defendant demurs to the plaintiff's second cause of action, captioned as one on an open book account. The demurrer is opposed. Defendant contends that the allegations fail to state a cause of action because plaintiff has not specifically alleged an open book account existed. Yet, it is alleged that defendant became indebted to plaintiff "on an open book account." This is sufficient for pleading purposes.

Open Book Account 1.

On March 27, 2020, Plaintiff filed a complaint for Breach of Contract, Open Book Account, Quantum Meruit, and Money Had and Received RULING: Moot/Off Calendar. Plaintiffs filed a first amended complaint on September 14, 2020 for Breach of Contract and Open Book Account/Common Count. The first amended complaint was filed one day before the demurrer opposition due date. The demurrer is off-calendar. Moving party to give notice.

The Second Cause of Action is for an open book account. Defendants move for summary judgment in part on the ground that plaintiff cannot show the creation of an open book account, and also in part on the ground that this cause of action is barred by the four-year statute of limitations for breach of contract causes of action, discussed above. The Court finds that both arguments have merit. 1. The Creation Of An Open Book Account.

Plaintiff has sued defendant on an “open book account,” which is defined in Code of Civil Procedure Section 337a to mean “a detailed statement [that] constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract . . . .” Under Civil Code Section 1717.5, subdivision (a), attorney’s fees are specifically recoverable by the prevailing party on an open book account.

Background This case arises from an open book account. Plaintiff alleges that Defendant Apple Event Supplies (Defendant) became indebted to Plaintiff Qingdao Huarui Furniture (Plaintiff) within the last four years on an open book account for goods, wares and merchandise provided at the special instance and request of Defendant and for which Defendant promised to pay Plaintiff. On December 9, 2020, Plaintiff filed suit against Defendant and Does 1-10 for: 1.

Tentative Ruling on Motion for Judgment on the Pleadings: The complaint in this debt collection action has common count causes of action for (1) account stated and (2) open book account related to defendant’s use of a credit card.

Open Book Account; 3. Violation of California Water Code 75610 Et Seq.; and 4. Quantum Merit MOVING PARTY: United Water Conservation District CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend Complaint for: 1. Account Stated; 2. Open Book Account; 3. Violation of California Water Code 75610 Et Seq.; and 4. Quantum Merit; Memorandum of Points and Authorities, 09/17/2021 APPEARANCES Wendy H Wiles, counsel, present for Plaintiff(s) telephonically.

Absent waiver, Section 1717.5 provides for fees to the prevailing party on an open book account. (Civ. Code § 1717.5.) Therefore, Plaintiff’s request is permissible due to Defendant’s allegations of open book account. (see XC, filed: 9/14/17 p2.) In opposition Defendant submits three arguments, but none are convincing. First, Defendant argues that Plaintiff is not entitled to fees because Plaintiff’s Compliant provides no support for any such request.

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.

The first common count is for open book account.

Summary Adjudication (In the alternative to Summary Judgment) Plaintiff's Request for Summary Adjudication on the First Count for Open Book Account The Court intends to GRANT Plaintiff's request for summary adjudication of its first count for open book account.

However, the Motion for Summary Adjudication to the open book account claim is GRANTED. Plaintiff presents evidence to establish all the elements of an open book account claim for $11,598.48. (See Plaintiff’s Sep.

The court assumes from the omission of the other identified common counts that Plaintiff intends to dismiss them, and to proceed in this action only as to the open book account and account stated common counts.

The court assumes from the omission of the other identified common counts that Plaintiff intends to dismiss them, and to proceed in this action only as to the open book account and account stated common counts.

The court assumes from the omission of the other identified common counts that Plaintiff intends to dismiss them, and to proceed in this action only as to the open book account and account stated common counts.

The court assumes from the omission of the other identified common counts that Plaintiff intends to dismiss them, and to proceed in this action only as to the open book account and account stated common counts.

The court assumes from the omission of the other identified common counts that Plaintiff intends to dismiss them, and to proceed in this action only as to the open book account and account stated common counts.

The court assumes from the omission of the other identified common counts that Plaintiff intends to dismiss them, and to proceed in this action only as to the open book account and account stated common counts.

(“Defendant”) became indebted to Plaintiff within the last 4 years on an open book account for goods and/or services, for which Defendant promised to pay Plaintiff. The total amount of the demand is $116,847.86. Despite having made a demand, Plaintiff alleges Defendant has failed and refused to pay all or any part of the sum. The complaint, filed October 5, 2017, alleges causes of action for: Open Book Account; and Account Stated.

Such computerized records constitute an open book account. (See, e.g., Interstate Group Adm'rs v. Cravens (1985) 174 Cal. App. 3d 700, 708.) Accordingly, Plaintiffdemonstrates the absence of a triable issue of fact as to whether there was an open book account between Plaintiff and Crow.

Accordingly, the demurrer is SUSTAINED without leave to amend as to the first cause of action for open book account.

Plaintiff meets its moving burden for its MSJ/MSA to establish a claim for open book account. The agreement and monthly statements show the parties had financial transactions, that Plaintiff kept records of the debits and credits on the account, and that Defendants owe Plaintiff money on the account in the amount of $15,413.21. Plaintiff established its claim for open book account by a preponderance of the evidence. The claim is not opposed.

As to Plaintiff’s open book account claim, Defendant seeks summary adjudication on the ground that (1) such claim fails where, as here, the subject obligation arises from an express contract, and (2) the account is closed. Here, because there is no dispute that the parties entered into an express contract (Plaintiff’s Separate Statement of Undisputed Fact ¶¶ 1, 2 (Issue no. 8)) and that this contract is the basis for Defendant’s alleged monetary obligations, a claim for open book account is improper.

The Demurrer to the first cause of action for breach of contract is overruled. 2nd Cause of Action for Open Book Account First, Defendant argues that an action for common counts is improper without a written contract per Business & Professions Code section 6148. The First Amended Complaint, however, does allege the existence of a written contract although it is not attached. It is not clear, therefore, how Business & Professions Code section 6148 bars the action for open book account.

Introduction Plaintiff American Express National Bank (“Plaintiff”) moves for summary judgment and alternatively moves for summary adjudication on the open book account cause of action and the account stated cause of action.

(d) Fourth Cause of Action for Open Book Account (C.C.P. § 337) Defendant demurs to Plaintiffs fourth cause of action for Open Book Account (C.C.P. § 337), arguing Plaintiff has failed to state facts sufficient to constitute a cause of action.

Plaintiff’s Complaint asserts causes of action for Open Book Account and Account Stated. A common count is not a specific cause of action: “[R]ather, it is a simplified form of pleading normally used to aver the existence of various forms of monetary indebtedness, including that arising from an alleged duty to make restitution under an assumpsit theory.” (McBride v. Boughton (2004) 123 Cal.App.4th 379, 394.)

Grant the motion for summary adjudication as to the common count for open book account. 1. The moving evidence shows there was an open book account between the parties based on Defendant Charlene Standridge's credit card usage and the billing statements sent to her. (C.C.P. §§ 337a, 437c(f); and see Interstate Group Administrators, Inc. v. Cravens, Dargan & Co. (1985) 174 Cal.App.3d 700, 708.) 2.

.: 37-2022-00012725-CL-CL-CTL CASE TITLE: DISCOVER BANK VS LOVEJOY [IMAGED] CASE CATEGORY: Civil - Limited CASE TYPE: Rule 3.740 Collections EVENT TYPE: Summary Judgment / Summary Adjudication (Civil) CAUSAL DOCUMENT/DATE FILED: 1st Cause of Action-Open Book Account: Summary adjudication is granted in favor of Plaintiff on the first cause of action for Open Book Account as there is a book account evidenced by detailed statements kept by Plaintiff that constitutes the principal record of transactions between

The Motion addresses only the open book account and account stated claims, even though Plaintiff alleges other common count claims in the Complaint. Therefore, Plaintiff fails to meet its initial burden of establishing that it is entitled to summary judgment. However, the Motion for Summary Adjudication to the open book account claim is GRANTED.

The separate statement of undisputed fact filed by Plaintiff on October 29, 2021 is supported by admissible evidence establishing facts 1-18 which in turn establishes a prima facie that Plaintiff is entitled to judgment in the amount of $8,827.62 as a matter of law for the for “Open Book Account” and for “Account Stated” claims.

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.

Open Book Account 3. Reasonable Value 4. Account Stated 5. Indebtedness 6. Unjust Enrichment 7. Breach of Written Agreement 8. Breach of Written Agreement 9. Breach of Written Agreement 10. Open Book Account 11. Reasonable Value 12. Account Stated 13. Indebtedness 14. Unjust Enrichment Default was entered against defendants on July 11, 2022.

The court grants Plaintiff Bank of America’s motion for judgment on the pleadings as to the Complaint for open book account. “In the common law action of general assumpsit, it is customary to plead an indebtedness using ‘common counts.’ In California, it has long been settled the allegation of claims using common counts is good against special or general demurrers.

Plaintiff's Complaint asserts causes of action of an: (1) Open Book Account; and (2) Account Stated. Plaintiffs first cause of action alleges that within the last 4 years, Defendant became indebted to Plaintiff on an open book account for money due, specifically for $ 9,062.71 which is the reasonable value, and is due and unpaid despite Plaintiffs demand.

Civil Code section 1717.5, which in effect supplies a contractual prevailing party attorney fee clause for cases based on an open book account, is best read in concert with the rules governing attorney fee awards in contract cases. Section 1717(b)(2) states that there is no prevailing party in a contract action that is dismissed or settled before trial, as this action was. Section 1717.5 treats open book account cases as contract cases.

Open Book Account On August 4, 2023, Defendants default was entered. A Case Management Conference and an Order to Show Cause Re: Failure to File Proof of Service are set for November 7, 2023. Discussion Plaintiffs Application for Default Judgment is denied without prejudice . The following defects are noted: Plaintiff seeks $1,278.61 in attorneys fees.

The court there ruled the common count for open book account was supported by evidence identical to that used to support a claim for breach of an attorney fee agreement, so the common count was barred. Leighton, 8 Cal.App.5th at 494. On demurrer and before discovery, it would be improper to decide the open book account claim is identical to a hypothetical barred breach of contract claim. However, plaintiff has not pleaded facts to support a claim for an open book account.

Here, the complaint alleges claims for (1) breach of contract, and (2) open book account. Plaintiff moves for summary judgment on the ground that it "waives" the breach of contract claim for purposes of this motion, thus allowing it to prevail on the motion based on making a prima facie case on the open book account. Plaintiff cites no authority for the proposition that it can proceed in this manner on a motion for summary judgment.

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT BACKGROUND: On 03/25/2019, Plaintiff Employers Preferred Insurance Company commenced an action against Defendant Supertex Hospitality Investments, LLC a Limited Liability Company aka Supertex Hospitality for (1) goods and services sold and delivered; (2) account stated; (3) open book account; (4) breach of contract on 2015-2016 policy; (5) goods and services sold and delivered; (6) account stated; (7) open book account; and (8) breach of contract on 2016-2017

Therefore, for purposes of a motion for judgment on the pleadings, plaintiff cannot prove that defendant did not make any payments to plaintiff after January 12, 2012, and defendant has properly raised a defense to attack any entries in the open book account that were made after that date. The notice of motion does not provide notice of the Court’s tentative ruling system as required by Local Rule 11.4(b).

Therefore, for purposes of a motion for judgment on the pleadings, plaintiff cannot prove that defendant did not make any payments to plaintiff after July 22, 2011, and defendant has properly raised a defense to attack any entries in the open book account that were made after that date. The notice of motion does not provide notice of the Court’s tentative ruling system as required by Local Rule 11.4(b).

This matter is based on an account stated and open book account, not on a breach of a Cardmember Agreement. The Complaint only asserts common counts: account stated and open book account for money due. The terms of the Cardmember Agreement are not alleged nor is the agreement attached to or even referenced in the Complaint. The Complaint was not an attempt to enforce the Cardmember Agreement. Thus, this matter is not an “action on a contract” under Civil Code § 1717.

Nonetheless, the Court finds that Plaintiff has established each of the elements of its claims for an open book account and an account stated.

Defendant's Notice of Motion to Preclude Introduction of Evidence of Account at Trial was directed at the common count of Open Book Account in the Second Cause of Action. (4/13/21 Notice, 2:2-4.) Plaintiffs Opposition indicated that the issue would be moot because Plaintiff was willing to amend the Complaint to remove the Open Book Account and Account Stated causes of action. (Notably, the opposition did not request an extension or other relief based on inadvertence.)

Accordingly, a review of the Plaintiff’s motion reveals that the Plaintiff has provided evidence that establishes each element of a cause of action for Open Book Account. Under CCP section 437c, the Plaintiff has met its burden of proof and the burden is shifted to the Defendant to provide evidence that demonstrates that a question of fact exists with regards to any of the elements for Open Book Account.

Cause of Action for Open Book Account Cross-Defendant demurs to Cross-Complainants cause of action for open book account on the basis that it fails to state facts sufficient to constitute a cause of action under CCP § 430.10(e) because the FACC fails to allege that an open book account exists between the two parties.

This evidence is sufficient for Plaintiff to shift the burden on its claims for open book account and account stated.

Plaintiff also fails to provide sufficient evidence to support its non-contract causes of action for open book account, account stated and quantum meruit. GM argues the invoices (Fante decl., exhs. D, G, H, I and J) prove existence of the alleged debt, even absent an explicit contract. The invoices, plaintiff argues, establish liability under the account stated, open book account and quantum meruit causes of action.

Open Book Account Plaintiff moves for summary judgment on a purported “open book account,” but never alleged this cause of action in its complaint. The motion is denied as to an open book account for that reason. (See Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1343 [where plaintiff's failure to plead an open book account precluded his reliance on such a theory to defeat the summary judgment motion.])

The alternative motion for summary adjudication is DENIED as to the claim based on an open book account. Plaintiff has not offered evidence to show that the entire balance of $19,570.71 is due and owing.

The alternative motion for summary adjudication is DENIED as to the claim based on an open book account. Plaintiff has not offered evidence to show that the entire balance of $19,570.71 is due and owing.

The only cause of action alleged was an open book account. Defendant had an open book account with the State Compensation Fund for insurance premiums. The State Compensation Fund assigned its rights to the debt to Plaintiff. In February 2018, Plaintiff and Defendant entered into a settlement agreement in which they agreed to settle the matter for $54,000. Defendant made two payments totaling $12,000 but has failed to pay the remainder.

The only cause of action alleged was an open book account. Defendant had an open book account with the State Compensation Fund for insurance premiums. The State Compensation Fund assigned its rights to the debt to Plaintiff. In February 2018, Plaintiff and Defendant entered into a settlement agreement in which they agreed to settle the matter for $54,000. Defendant made two payments totaling $12,000 but has failed to pay the remainder.

The Complaint alleges: 1) account stated; 2) open book account. Defendant moves against both causes of action, arguing that Plaintiff failed to attach a copy of the assignment, lacks standing and did not comply with pre-filing notice requirements.

Conduct trial on alleged $40,663.94 open book account. gmr

The motion only addresses the claims based on an open book account and an account stated. However, plaintiff also asserts claims for goods sold and delivered and credit extended on account.