COMPLAINT FOR ACCOUNTING

Plaintiff complains and for causes of action alleges as follows:

PRELIMINARY ALLEGATIONS

<>. Defendant__, ___ is__, and at all times herein mentioned was__, a resident__ of the
City of ___, County of __, State of California.

<>. Defendant__, ___, is__, and at all times herein mentioned, was__ a Corporation
organized and existing under the laws of the State of California with principle offices
located at ___, in the City of ___, County of ___.

<>. Plaintiff__ is__ ignorant of the true names and capacities of defendants sued herein
as DOES I through X, inclusive, and therefore sues__ these defendants by such fictitious
names. Plaintiff__ will amend this complaint to allege their true names and capacities
when ascertained.

<>. Plaintiff__ is__ informed and believes__ and thereon alleges__ that, at all times
herein mentioned, each of the defendants sued herein was the agent and employee of each
of the remaining defendants and was at all times acting within the purpose and scope of
such agency and employment.

FIRST CAUSE OF ACTION

(For Money Against ____)

<>. Plaintiff__ incorporate__ in this Cause of Action Paragraphs ___ through ___ herein
the same as though fully set out in this Cause of Action at length.

<>. Within the last ___ (two or four) years on or about ___, 19__, at ___, California,
defendant__ became indebted to plaintiff__ in the sum of $__ for money had and
received by defendant__ for the use and benefit of plsintiff__.

<>. Neither the whole nor part of this sum has been paid [except the sum of $__]
although demand therefor has been made, and there is now due, owing, and unpaid the
sum of $___ with interest thereon at the rate of __ percent per annum from ___, 19__.

SECOND CAUSE OF ACTION

(For Money Lent Against ____)

<>. Within the last __ years on or about ___, 19__ at ___, California, defendant__
became indebted to plaintiff__ in the sum of $___ for money lent by plaintiff__ to
defendant__ at defendant__ request.

<>. Neither the whole nor any part of the above sum has been paid, [except the sum of
$__] although payment has been demanded, leaving a balance due, owing, and unpaid to
plaintiff in the sum of $___, together with interest thereon at the rate of ___ per annum
from ___, 19__.

THIRD CAUSE OF ACTION

(For Money Paid Against ____)

<>. Within the last __ years on or about ___, 19__ at ___, California, defendant__
became indebted to plaintiff__ in the sum of $___ for money paid, laid out, and expended
for defendant at defendant__ instance and request.

<>. Neither the whole nor any part of the above sum has been paid, [except the sum of
$__] although payment has been demanded, leaving a balance due, owing, and unpaid to
plaintiff in the sum of $___, together with interest thereon at the rate of ___ per annum
from ___, 19__.

FOURTH CAUSE OF ACTION

(For Work, Labor and Materials Against ____)

<>. Within the last ___ years on or about ___, 19__ at ___, California, defendant__
became indebted to plaintiff__ for work and labor done by plaintiff__ for defendant at the
special instance and request of defendant__, and for materials furnished in connection
with the work and labor, for the sum of $___ which sum defendant__ agreed to pay
plaintiff__.

<>. Neither the whole nor any part of the above sum has been paid, [except the sum of
$__] although demand therefor has been made, and there is now due and owing, and
unpaid the sum of $__, with interest thereon at the rate of ___ percent per annum from
___, 19__.

FIFTH CAUSE OF ACTION

(For Work, Labor and Services Against ____)

<>. Within the last __ years on or about ___, 19__ at ___, California, defendant__
became indebted to plaintiff__ in the agree sum of $__ for work, labor, and services
rendered by plaintiff__ at the special request of defendant__.

<>. Neither the whole nor any part of the above sum has been paid [except the sum of
$__] not withstanding that demand has been made for payment, and there is now due,
owing, and unpaid from defendant to plaintiff the sum of $___, together with interest
thereon at the rate of __ percent per annum from ___, 19__.

SIXTH CAUSE OF ACTION

(For Quantum Meruit Against ____)

<>. Within the last __ years on or about ___, 19__ at __, California, plaintiff__ rendered
work, labor, and services to defendant__ at the special request of defendant__ for which
defendant__, then and there, promised to pay plaintiff__ the reasonable value of such
services.

<>. At all times herein mentioned, the above services were and are of the reasonable
value of $___.

>. No part of the above sum has been paid, [except the sum of $__] not withstanding that
plaintiff has demanded payment therefor, and there is now due, owing, and unpaid from
defendant to plaintiff the sum of $___.

WHEREFORE, plaintiff__ pray__ judgment against defendant__ and each of them, as

follows:

<> For damages for ____ according to proof.

<>. For interest from ____ at the rate of 10% per annum.

<>. For such other and further relief as the court may deem proper.

DATED: _______________ __________________________________________

(Signature)

VERIFICATION

I, ___, am a ___in the above-entitled action. I have read the foregoing ___and know the
contents thereof. The same is true of my own knowledge, except as to those matters
which are therein alleged on information and belief, and as to those matters, I believe it to
be true.

I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed at Long Beach, California.

Overview

The action for an accounting may be brought to compel the defendant to account to the
plaintiff for money or property, (1) where a fiduciary relationship exists between the
parties, or (2) where, though no fiduciary relationship exists, the accounts are so
complicated that an ordinary legal action demanding a fixed sum is impracticable.

To state a cause of action, only the simplest pleading is required:

The fiduciary relationship or other circumstances appropriate to the remedy (infra, §777
et seq.).
A balance due from the defendant to the plaintiff that can only be ascertained by an
accounting. Thus, a complaint does not state a cause of action for an accounting where it
shows on its face that none is necessary; i.e., where the plaintiff alleges his right to
recover a sum certain or a sum that can be made certain by calculation.

Pleading The Fiduciary Relationship

Trust. The relationship of trustee and beneficiary is a common basis for a demand for an
accounting

Agency. The usual action in agency cases is by the principal against the agent.

Partnership or Joint Venture. An accounting is generally a part of an action for

dissolution of a partnership.

Fees & Costs:

Civil actions are rarely taken by our office on a contingency basis. The usual fee structure
for these kinds of cases is as follows:

Attorney fees: $300per hour with a minimum fee varying with the size and complexity of
the case.
Costs: Initial filing fee approximately $320 plus the cost of service of process. Other fees
which may or not be necessary in your particular case are: motion fees, fees for service of
process, deposition fees, etc..

DATED: _________________ ___________________________________

1. A balance due from the defendant to the plaintiff that can only be ascertained by
an accounting. Thus, a complaint does not state a cause of action for an
accounting where it shows on its face that none is necessary; i.e., where the
plaintiff alleges his right to recover a sum certain or a sum that can be made
certain by calculation.