- (a) where a fiduciary relationship exists between the parties, or (b) where, even though no fiduciary relationship exists, the accounts are so complicated that an ordinary legal action demanding a fixed sum is impracticable, and
- some balance is due the plaintiff that can only be ascertained by an accounting.
Jolley v. Chase Home Fin., LLC, 213 Cal. App. 4th 872, 910 (2013).
- “[A]n accounting can be a cause of action when a defendant has a fiduciary duty to a plaintiff which requires an accounting, and that some balance is due to the plaintiff that can only be ascertained by an accounting. An accounting is not required when the amount in dispute is certain or ascertained by a simple calculation.”
Pantoja v. Countrywide Home Loans, Inc., 640 F. Supp. 2d 1177, 1191-92 (N.D. Cal. 2009)
CALIFORNIA STATE COURTS
Supreme Court of California: Whann v. Doell, 192 Cal. 680, 684 (1923).
California 1st Dist.: Jolley v. Chase Home Fin., LLC, 213 Cal. App. 4th 872, 910 (2013).
California 2d Dist.: Wolf v. Superior Court, 107 Cal. App. 4th 25, 34-35 (2003).
California 3d Dist.: Teselle v. McLoughlin, 173 Cal. App. 4th 156, 179 (2009).
California 4th Dist.: Raymond v. Indep. Growers, Inc., 133 Cal. App. 2d 154, 160 (1955).
CALIFORNIA FEDERAL COURTS
Central District: Global Acquisitions Network v. Bank of Am. Corp., No. CV 12-08758 DDP (CWx), 2013 U.S. Dist. LEXIS 22351, at *34 (C.D. Cal. Feb. 19, 2013).
Northern District: Parrish v. NFL Players Ass’n, 534 F. Supp. 2d 1081, 1100 (N.D. Cal. 2007).
Southern District: Kimball v. Flagstar Bank F.S.B., 881 F. Supp. 2d 1209, 1224-25 (S.D. Cal. 2012).
Eastern District: Kanady v. GMAC Mortgage, LLC, No. CV F 10-1742 LJO DLB, 2010 U.S. Dist. LEXIS 108945, at *34 (E.D. Cal. Oct. 12, 2010).