Rocha

Filed 4/29/13; pub. order 5/16/

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CLARA

APPELLATE DIVISION

TARGET NATIONAL BANK, Case No. 1-12-AP-001359

Plaintiff and Respondent, v. ORDER

LUCY I. ROCHA,

Defendant and Appellant.

THE COURT:

The appeal by appellant Lucy I. Rocha (“Rocha”) from the judgment entered on July 9, 2012, came on regularly for hearing and was heard and submitted on April 26, 2013. We hereby hold as follows: Procedural History On July 22, 2011, plaintiff/respondent Target National Bank (“Target”) filed a complaint for breach of contract and common counts against Rocha. On August 2, 2011, Rocha filed an answer generally denying the allegations in the complaint and asserting several affirmative defenses. On June 6, 2012, Target filed a declaration in lieu of live testimony at trial. On July 9, 2012, the case came before the Honorable Socrates P. Manoukian for a short cause trial. After argument by the parties, the trial court admitted the declaration into evidence pursuant to Code of Civil Procedure section 98 (“Section 98”). Aside from this declaration, no other evidence was…