SC126236
AMEX v. LERNER
Plaintiff’s Motion for Summary Judgment is GRANTED. 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.
“A ‘book account’ is defined as a detailed statement, kept in a book, in the nature of debit and credit, arising out of contract or some fiduciary relation. It is, of course, necessary for the book to show against whom the charges are made. It must also be made to appear in whose favor the charges run. A book account may furnish the basis for an action on a common count when it contains a statement of the debit
Hearing Date
July 19, 2017
Type
Other Promissory Note/Collections (General Jurisdiction)
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SC126236
AMEX v. LERNER
Plaintiff’s Motion for Summary Judgment is GRANTED. 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.
“A ‘book account’ is defined as a detailed statement, kept in a book, in the nature of debit and credit, arising out of contract or some fiduciary relation. It is, of course, necessary for the book to show against whom the charges are made. It must also be made to appear in whose favor the charges run. A book account may furnish the basis for an action on a common count when it contains a statement of the debit