Los Angeles Common Counts Attorney
Breach of contract disputes are one of the most common legal issues in California. When one party fails to fulfill their obligations under a contract, the other party may be entitled to remedies under California law. Understanding the common counts asserted in breach of contract cases is essential for protecting your rights and achieving a favorable outcome.
What are Common Counts in California
Common counts in California are simplified, alternative claims used in lawsuits to recover money that is owed, typically under a contract. It does not matter what the original contract was, whether it was a written, oral, or an implied contract. Common counts are used to prevent parties from avoiding liability over technicalities, and seek to recover money without specifying the nature of the claim. These claims are governed by principles of equity, and apply “wherever one person has received money which belongs to another, and which ‘in equity and good conscience,’ or in other words, in justice and right, should be returned”.
Case Results
$3.4M Recovered
Business Litigation
Assisted in recovery ofthe balance of the purchase price for the sale of a business
$2.7M Verdict
Business Litigation
Assisted in obtaining jury verdict for breach of contract and conversion of business ownership, jury verdict only $25k less than requested
$342k Judgement
Business Litigation
For fraudulent inducement of loans, breach of contract, and defamation in false online posts and reviews
$317k Judgement
Business Litigation
For two brothers and their international business after proving fraud, breach of contract, and defamation by a serial fraudster, despite delays, false accusations, and a last-minute bankruptcy filing
Judgement
Business Litigation
For an elderly landlord and trust, defeating all claims by evicted tenants who tried to misuse COVID as an excuse for nonpayment
$385k Judgement
Business Litigation
For a textile manufacturer in a contract dispute, despite a cross-complaint from the wholesaler
$657k Judgement
Business Litigation
Against a real estate agent who misappropriated client funds, using forensic accounting to prove full fraud and conversion.
$398k Judgement
Business Litigation
By enforcing a promissory note, recovering 100% of damages plus interest
$125k Judgement
Business Litigation
Helped obtain a default judgment against an attorney for unpaid loan balance and battery, after securing terminating sanctions for discovery violations
Disclaimer: Illustrative examples of case types and outcomes. Attorneys cannot guarantee outcomes. Results are case-specific and depend on the true facts of the case. More information here.
What are the Types of Common Counts in California
The most used common counts in California are:
- Money had and received
- Goods and services rendered
- Open book account
- Account stated
- Mistaken receipt
- Unjust enrichment
Examples of Common Counts in California
Common counts may be used in many different scenarios, such as when:
- There is no written contract
- There are issues as to the validity of the contract
- A party repudiates or commits an anticipatory breach by indicating they will not fulfill their end of the agreement
- Money is accidentally sent to the wrong person
- Someone tricks someone else to giving them money
- Someone suddenly stops paying for services or goods in an ongoing relationship
Remedies for Common Counts in California
Various remedies exist when common counts are alleged. The primary remedy sought includes monetary damages to compensate a party for financial losses or to prevent the unfair receipt of a benefit.
Why You Need an Experienced Los Angeles Common Counts Attorney
Breach of contract claims can be complex, involving detailed evidence, multiple parties, and nuanced interpretation of California contract law. Our experienced team provides personalized guidance to help you assert your rights, pursue damages, or enforce contractual obligations. Understanding common counts and when they apply is essential to ensure that your rights are not waived because of some technicality in the contract.
Los Angeles Business Litigation Lawyer Reviews
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His strategic approach and ability to think several steps ahead gave us a tremendous sense of confidence and security throughout the entire process, especially the trial.
During the trial, he was fully prepared every single day, explaining his thought process to us about why he was asking or not asking certain questions to all the witnesses, raising timely objections with majority of them being sustained by the Judge…At the end of the day he wanted to make sure that we put all of our ammo on the table and we were able to successfully do that.
Hee also communicates very clearly and has been patient in explaining legal jargon and complex concepts in a way that was easy to understand, ensuring that we were well-informed and comfortable with every decision we made.
If you are looking for a lawyer who will provide exceptional legal counsel and support, we highly recommend Hee and Litigation, P.C. Law Firm.”
S. A. (Business, Fraud)
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Attending court hearings with him is reassuring as he remembers every detail and effectively refutes the other side’s claims. His preparation for depositions is impeccable, always calling out any inconsistencies. His strategic advice on when to take specific actions or make motions has been spot on.
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S. A. (Business, Fraud)
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Los Angeles Common Counts Lawyer FAQs
What is the common count for money had and received?
This claim alleges that the defendant received money that was intended to be used for the benefit of the plaintiff, but that the defendant did not use it for that purpose and did not return the money to the plaintiff. It protects money paid by mistake, upon some consideration that failed, or was obtained through extortion or oppression.
What is the common count for goods and services rendered?
The common count for goods and services rendered alleges that the defendant sought some services or goods from the plaintiff for the defendant’s benefit, and the plaintiff performed the services or delivered the goods, but the defendant did not pay the reasonable value of the services or goods. This claim is based on the quantum meruit theory, or the idea that one is entitled to the “fair value” of services or goods provided, even if there was no valid or enforceable contract. It would otherwise be unfair for the defendant to keep the services or goods without paying for them.
What is the common count for an open book account?
This type of claim occurs when the two parties have a regular course of business of financial transactions, the plaintiff kept a written account of the debits and credits from those transactions, and there is a balance remaining. The ledger or book shows the two parties had an ongoing arrangement where one party regularly provided goods or service in exchange for payment, until at some point, there was an outstanding balance.
What is the common count for an account stated?
Similar to a claim for an open book account, the common count for an account stated concerns an agreement between the parties where their past transactions establish some type of debtor-creditor relationship. The past financial transactions are used to establish that at some point, the defendant stopped paying what was owed under this arrangement.
What is the common count for mistaken receipt?
This type of claim is used when the plaintiff simply sent money or goods to someone by mistake, and the defendant refuses to return the money. No type of valid contract or agreement needs to exist for this type of claim. It is just unfair that someone who accidentally received money refuses to return it to the rightful owner.
What is the common count for unjust enrichment?
Also known as restitution, unjust enrichment prevents a party from being unfairly enriched at the expense of another. It is a general principle that underlies various doctrines and remedies, whether they are based on a contract or not.