Common Counts Pleading – Book Account

Written by Adam Peck Category: Injury Law January 14th, 2013 1 min read

The common count known as “book account” or “open book account” is based upon the indebtedness shown by a detailed statement kept by the creditor, which constitutes the principal record of one or more transactions between the creditor and the debtor.

Book account is defined in California Code of CivilProcedureSection 337a, must (1) arise form a contract or fiduciary relation, (2) show the debits and credits in connection with the relationship, (3) be entered in the regular course of business conducted by the creditor, and (4) be kept in a reasonably permanent form and manner (a) in a bound book, or (b) on a sheet or sheets fastened in a book or to backing, or (c) on a card or cards, or (5) be kept in other reasonably permanent form and manner.

Share it

Questions? Check with Peck Today

Blog Lead Form

Elder Abuse and Neglect in Assisted Living Facilities

Elopement in Nursing Homes

Assisted Living Abuse

Settlement Reached in Assisted Living Facility Death

Assisted Living Abuse and Neglect Attorneys

Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.