What is the final cause of action in the first amended complaint?

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.

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