An account stated is “a writing which exhibits the state of account between parties and the balance owing from one to the other, and when it assented to… becomes the new contract.” See Gardner v. Watson, 170 cal. 570, 574 (1915).
An account stated claim has three elements:
- previous transactions between the parties establishing the relationship of debtor and creditor;
- an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; and
- a promise by the debtor, express or implied, to pay the amount due.
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