Casco v. Bank of America, N.A.
Parties
Ruling
2nd and 4th causes of action (open book account and quantum meruit): Defendant argues Business and Professions Code § 9793 bars these claims. This argument fails for the reasons set forth above. The demurrer is thus OVERRULED as to these causes of action.
3rd cause of action (account stated): The FAC states sufficient facts to state a cause of action, including mutual assent. (Leighton v. Forster (2017) 8 Cal.App.5th 467, 491; FAC ¶¶ 5, 6, 14, 15.) The FAC attaches a copy of the work order and invoice containing line items of services performed, and states: “All line items were approved either in writing or verbally by the principal of the Defendant, Dr. Patrick T. Yoshikane, DDS.” (FAC ¶ 5.) This is sufficient to show assent. The demurrer is thus OVERRULED as to this cause of action.
Motion to Strike
A motion to strike can be used to attack claims for damages that are not supported by the cause of action pleaded, such as unauthorized attorney fee claims. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2026) ¶¶ 7:182, 7:183; Code of Civ. Proc. § 436, subd. (a).) As pointed out by Defendant, there are no facts in the FAC establishing any contractual or statutory basis for the recovery of attorney fees. The motion to strike is therefore GRANTED with 10 days’ leave to amend.
Counsel for Defendant shall give notice of this ruling.
9. Casco v. Bank of America, N.A. 23-1335287 (Continued) 10. Andresen v. Watermeier 25-1507923 (Continued) 11. 12.
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