California, United States of America
The following excerpt is from Sepehry-Fard v. Bank of N.Y. Mellon, H039493 (Cal. App. 2016):
The final cause of action in the first amended complaint is plaintiff's request for an accounting "of the money due to Plaintiff from Defendants ... ." However, as the trial court correctly noted, " '[a] right to an accounting is derivative; it must be based on other claims.' " (Quoting Janis v. Cal. State Lottery Com. (1998) 68 Cal.App.4th 824, 833.) Because the first amended complaint does not state facts sufficient to constitute a cause of action on any other basis, the accounting claim must fail.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.