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Common Counts Pleading – Book Account

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.

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