Fowler

I. FACTUAL AND PROCEDURAL BACKGROUND

Spring Oaks acquired a credit account in Fowler’s name and filed a complaint against Fowler to recover the delinquent balance allegedly owed on the account. After Fowler filed an answer, the trial court scheduled the case for a court trial. Approximately six weeks before the trial date, Fowler served Spring Oaks with a “Request for Statement of Witnesses and Evidence” using Judicial Council form DISC-015. The form stated that “[u]nder Code of Civil Procedure section 96, you are requested to serve on the undersigned, within 20 days, a statement of: [¶] 1. The names and street addresses of witnesses you intend to call at trial (except for any individual who is a party to this action). [¶] 2. A description of each document that you intend to offer a trial. Attach a copy of each document available to you. [¶] 3. A description of each photograph and other physical evidence you intend to offer at trial. [¶] Witnesses and evidence that will be used only for impeachment need not be included.” The form also included this statement in boldface typeface: “You Will Not Be Permitted To Call Any Witnesses Or Introduce Any Evidence Not Included In Your…