Money Had & Received

One of the Common Counts, “‘A cause of action is stated for money had and received if the defendant is indebted to the plaintiff in a certain sum “for money had and received by the defendant for the use of the plaintiff.”’ This common count is available in a great variety of situations . . . and ‘lies wherever one person has received money which belongs to another, and which in equity and good conscience should be paid over to the latter.‘” Gutierrez v. Girardi, 194 Cal. App. 4th 925, 937 (2011).

“A claim for money had and received can be based upon money paid by mistake, money paid pursuant to a void contract, or a performance by one party of an express contract.” Utility Audit Co., Inc. v. City of Los Angeles, 112 Cal. App. 4th 950, 958 (2003).

“The elements of a claim for money had and received are:

(1) the defendant received money that was intended to be used for the benefit of the plaintiff;

(2) the money was not used for the benefit of the plaintiff; and

(3) the defendant has not given the money to the plaintiff.

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