How to Get a Full Accounting in California
By Daniel Edstrom
DTC Systems, Inc.
Here is an appeals court case showing how to plead a cause of action for an accounting. In the securitization of residential loans, this issue is frequently discussed, but I have never seen it brought in a lawsuit. This appeals court case is certified for publication and was filed on April 22, 2009.
Accounting
A cause of action for an accounting requires a showing that a relationship exists between the plaintiff and defendant that requires an accounting, and that some balance is due the plaintiff that can only be ascertained by an accounting. (Brea v. McGlashan (1934) 3 Cal.App.2d 454, 460, 39 P.2d 877; 5 Witkin, Cal. Procedure (5th ed. 2008) Pleading, § 819, p. 236.)
An action for accounting is not available where the plaintiff alleges the right to recover a sum certain or a sum that can be made certain by calculation. (St. James Church of Christ Holiness v. Superior Court (1955) 135 Cal.App.2d 352, 359, 287 P.2d 387.) A plaintiff need not state facts that are peculiarly within the knowledge of the opposing party. (Brea v. McGlashan, supra, 3 Cal.App.2d at p. 460, 39 P.2d 877.)
Full Ruling: http://dtc-systems.net/wp-content/uploads/2011/12/Teselle-vs-McLoughlin-C054919-CERTIFIED-FOR-PUBLICATION.pdf
