California Court of Appeal

In an appeal arising out of a credit card debt collection action involving two credit cards, alleging common counts of account stated and open book account, and cross-complaint allegations that plaintiff was attempting to collect on a time-barred debt in violation of the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. sections 1692 et seq., and California's Rosenthal Fair Debt Collection Practices Act, Civ. Code, section 1788 et seq., the trial court's grant of summary judgment to defendant is reversed where: 1) with respect to the first credit card, there is no evidence the Cardmember Agreement applies, nor is there any evidence as to when plaintiff's claims accrued, and thus defendant has not established that plaintiff's claims seeking to collect on debt incurred on the first card were untimely; and 2) as to the second credit card, although Delaware's three-year limitations period applies to plaintiff's claims, summary judgment must be reversed because she has not established when plaintiff's claims accrued.

Appellate Information

• Published 2017/02/16

Judges

• ELIA

Court

• California Court of Appeal

Counsel