How To Prove A California Open Book Account Claim

In California, a claim of Open Book Account is defined as:
A record between a creditor and debtor that contains an unpaid balance, a positive credit balance, or outlines the terms of a deferred payment plan.
It simply means:
The accounting record shows that someone still owes money.
There are 4 elements of the claim:
- Element 1. The plaintiff and defendant had financial transactions with each other. In an Open Book Account Claim, the plaintiff and defendant engaged in financial dealings where the plaintiff provided goods or services, and the defendant owes money for those transactions, creating a record of what is owed.
Facts that might support this element look like:
* The plaintiff provided goods to the defendant on credit, resulting in an outstanding balance.
* The defendant made partial payments to the plaintiff for services rendered over several months.
* The parties exchanged invoices detailing the financial transactions conducted between them.
* The plaintiff and defendant agreed to a payment plan for the outstanding balance owed.
* The defendant acknowledged the debt in written correspondence with the plaintiff. - Element 2. The plaintiff, in the regular course of business, kept account of the debits and credits involved in the transactions. The plaintiff regularly tracked the money they earned and spent in their business, keeping detailed records of all transactions, which is an important part of proving their claim in an Open Book Account case.
Facts that might support this element look like:
* The plaintiff maintained detailed records of all transactions, including dates, amounts, and descriptions of goods or services provided.
* Monthly statements were generated and sent to the defendant, outlining the debits and credits associated with their account.
* The plaintiff’s accounting system was regularly updated to reflect all transactions accurately and in a timely manner.
* The plaintiff’s records were consistently reviewed and reconciled to ensure accuracy in the account balances.
* The plaintiff has provided copies of invoices and payment receipts that document the ongoing transactions with the defendant. - Element 3. The defendant owed money on the account. The defendant has a debt because they borrowed money or received goods and services on credit, which they have not yet paid back.
Facts that might support this element look like:
* The defendant received multiple invoices detailing the outstanding balance on the account, which were not disputed or paid.
* The defendant acknowledged the debt in written correspondence, confirming the amount owed on the account.
* The defendant made partial payments towards the account, indicating an acknowledgment of the debt.
* The account records show a consistent pattern of transactions between the plaintiff and the defendant, establishing a financial obligation.
* The defendant failed to respond to collection notices regarding the overdue balance, implying acceptance of the debt. - Element 4. The plaintiff can prove the specific amount owed. The plaintiff must show exactly how much money is owed by providing clear evidence, like invoices or receipts, that detail the transactions and amounts involved in the open book account claim.
Facts that might support this element look like:
* The plaintiff provided detailed invoices to the defendant, clearly outlining the services rendered and the corresponding charges.
* The defendant acknowledged receipt of the invoices and made partial payments, demonstrating recognition of the debt owed.
* The plaintiff maintained accurate records of all transactions, including dates, amounts, and descriptions of services provided.
* The total amount owed was calculated based on the agreed-upon rates and documented in the plaintiff’s accounting system.
* The plaintiff’s records show consistent communication with the defendant regarding the outstanding balance, reinforcing the validity of the claim.
(See California Civil Jury Instructions (CACI), No. 372.)
If you’re in court without a lawyer and plan to assert a Claim of Open Book Account, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of your case effectively.
Prove Your CA Open Book Account Claim
U.S. Civil Cases Only