I hired an agent to collect rent on my property. He collected rent for 2 years while I was overseas. When I returned, he refused to give the money to me as agreed. I will have to sue for breach of contract and conversion. Should I also sue for an "accounting"? What exactly is that? Thanks
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
"Accounting" is an equitable cause of action, meaning money damages are not sufficient, so you need to ask the Court to order the other side to "do" something. If the balances owed from defendant to you are unknown, it is proper to plead a cause of action for "accounting" so defendant accounts for the various transactions and the court can determine what damages (if any) should be awarded to you. Be sure to consult your own attorney to protect your legal rights.
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I agree with Mr. Mashal. It is not a cause of action, but a prayer for relief as part of another cause of action. Similar results can be obtained in discovery.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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