Overview

HOLDINGS: [1]-A breach of contract claim alleging failure to pay invoices pursuant to a consignment agreement was time-barred under Code Civ. Proc., § 337, subd. (a), because the agreement’s terms, the subject matter, and the parties’ conduct required payment of discrete monthly invoices, and thus each failure to pay an invoice was independently actionable under the continuous accrual doctrine in the absence of any final date or continuing obligation to which the delayed commencement rule might apply; [2]-The parties did not have an open book account as defined in Code Civ. Proc., § 337a, because an express contract ordinarily was not an open account, the parties had an express contract that specifically required timely payment of each invoice, and documents prepared for litigation that listed various invoices were secondary or incidental records that could not establish a book account.

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Outcome

Judgment affirmed.