Judge Moreno gives beleaguered foreclosure king David J. Stern a rare victory in his efforts to collect fees against Bank of America:
Plaintiff, the Law Offices of David J. Stern, filed suit to collect unpaid legal fees for work done on foreclosure actions for Defendants. Plaintiff s claim s are for breach of an oral agreement, Open account, account stated, and quantum meruit.Defendants have m oved to dism iss the claims, but for Count 9, a cause of action for breach of a written contract.The Court finds the Statute of The Court Frauds does not bar Plaintiff s claim s for breach of an oral agreement. also finds that Plaintiff sufficiently states causes of action for open account and account stated. Finally, the Court finds Plaintiff is able to plead in the alternative and can state claims for quantum meruit. Accordingly, the Court denies the motion to dismiss.Happy days are here again!