When
You Need An Experienced Attorney For Breach Of Contract
Litigation |
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Breach
Of Contract Lawyer Since 1976 |
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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..
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