Citibank (South Dakota) N.A. v. Annie L. Arden (2011)

MEMORANDUM OF DECISION RE SUMMARY JUDGMENT MOTION (102.00)

The plaintiff (Citibank) served a two-count complaint on the defendant Arden alleging that Arden was extended credit in the amount of $1,812.39 which she failed to repay.   The complaint alleges claims of breach of contract and account stated.   In her answer, the defendant admits she had a credit card account with the plaintiff, but denies information sufficient to admit or deny the amount owed and requests “a detailed accounting of all purchases, charges, credit offsets, and payments to the alleged account ․” Citibank has moved for summary judgment;  the defendant has not responded, and the motion came before the court on February 1, 2011 at short calendar.

In support of its motion Citibank submits, with an affidavit, a series of monthly statements between 2006 and 2009 sent to Arden addressed to an address she admits is hers.   The statements show that Arden made a balance transfer of $1,000 in the middle of 2006 and made relatively small, but regular monthly payments on the account until July 2008 when a late fee was charged.   Another late fee was charged in January 2009.   The records indicate that the defendant made no payments in 2009, and the account was closed out in May 2009 with a balance due of $1,812.39.

In reviewing this motion the court has applied the well accepted standard of review for summary judgment motions.   The court finds that Citibank has established evidence showing the claimed amount is due from Arden, and there are no material facts in dispute.

Connecticut recognizes the claim of account stated.  General Petroleum Products, Inc. v. Merchants Trust Co., 115 Conn. 50 (1932);  Citibank (South Dakota) v. Manger, 105 Conn.App. 764 (2008);  Credit One, LLC v. Head, 117 Conn.App. 92 (2009).   Citibank has proven a claim for account stated.   The court grants the motion for summary judgment, and orders that judgment shall enter for the plaintiff and against the defendant in the amount $1,812.39, plus costs of $257.80.

SO ORDERED.

TAGGART D. ADAMS

SUPERIOR COURT JUDGE

Adams, Taggart D., J.