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CACI 373

What Is Common Count for Account Stated Law in California

Personal Injury Lawyers

What is the Law in California for the Common Count for Account Stated - California Civil Jury Instruction CACI 373

California Law

CA Civil Jury Instructions

CACI 373 - Common Count for Account Stated

As of September 1, 2010

California Civil Jury Instruction CACI 373

373. Common Count: Account Stated

[Name of plaintiff] claims that [name of defendant] owes [him/her/it]

money on an account stated. To establish this claim, [name of
plaintiff] must prove all of the following:

1. That [name of defendant] owed [name of plaintiff] money

from previous financial transactions;

2. That [name of plaintiff] and [name of defendant], by words or

conduct, agreed that the amount stated in the account was

the correct amount owed to [name of plaintiff];

3. That [name of defendant], by words or conduct, promised to

pay the stated amount to [name of plaintiff];

4. That [name of defendant] has not paid [name of plaintiff]

[any/all] of the amount owed under this account; and

5. The amount of money [name of defendant] owes [name of
plaintiff].

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