Q: Do "open book" and "account stated" contradict one another? Creditor selected both on cause of action.
Also, if I ask for a Bill of Particulars for the open book, then what happens to the "account stated" action? Does the Bill of Particulars need to be filed with the courts or just sent directly to the plaintiff?
A: Plaintiffs are entitled to plead alternative and even conflicting causes of action, so it wouldn't matter legally if "account stated" and "open book account" contradict one another. A demand for bill of particulars is not permitted on an account stated cause of action (but is for the open book account cause of action). The demand for bill of particulars needs to be served on plaintiff either personally or by mail.
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