Professional Collection Consultants v. Lauron

In Professional Collection Consultants v. Lauron (2017) 8 Cal.App.5th 958, the Court noted, regarding the elements of a cause of action for breach of contract that a plaintiff must establish: the existence of a contract, plaintiff's performance (or excuse for non-performance), defendant's breach, and resulting damages. (Lauron, supra, 8 Cal.App.5th at p. 968.) "A 'book account' is 'a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith . . . .' " (Lauron, supra, 8 Cal.App.5th at p. 969.) The creditor must keep these records in the regular course of its business and "in a reasonably permanent form," such as a book or card file. (Code Civ. Proc., 337a.) "A book account is 'open' where a balance remains due on the account." (Lauron, at p. 969.) "An account stated is 'an agreement, based on prior transactions between the parties, that the items of an account are true and that the balance struck is due and owing.' " (Lauron, supra, 8 Cal.App.5th at p. 968.) "When an account stated is ' "assented to, either expressly or impliedly, it becomes a new contract." '. . . Accordingly, an action on an account stated is not based on the parties' original transactions, but on the new contract under which the parties have agreed to the balance due." (Ibid.)