Filmservice Laboratories, Inc. v. Harvey Bernhard Enterprises, Inc

In Filmservice Laboratories, Inc. v. Harvey Bernhard Enterprises, Inc. (1989) 208 Cal.App.3d 1297, plaintiff entered into an oral contract to manufacture prints of a certain movie. (Id. at p. 1301.) Plaintiff performed the work, and three months later, plaintiff sent defendant two invoices for its work pursuant to the agreement. (Id. at p. 1302.) Plaintiff was not paid and filed suit just over three years later. (Id. at p. 1301.) To get around the statute of limitations for oral contracts, plaintiff contended the invoices superseded the oral agreement and created either an open book account or an account stated. (Id. at p. 1307.) The court disagreed, stating, "No facts have been alleged which give rise to any reasonable inference that the oral contract was superseded by an open book account or account stated agreement. The mere existence of two invoices . . . do not evidence such accounts. Those invoices simply memorialize the oral contract." (Id. at p. 1307.)