Gates

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Currently before the Court is Defendant Asset Acceptance, LLC’s Motion for Summary Judgment (Docket No. 23). For the reasons stated below, Defendant’s Motion for Summary Judgment is GRANTED.

BACKGROUND

Plaintiff Edward Gates is a resident of San Diego, California. (Compl. ¶ 12.) Gates opened an account with GE Money Bank on October 18, 2005. (Proctor Decl. ¶ 4.) The last payment was posted to this account on August 20, 2006. (Id.) On March 25, 2008, GE Money Bank sold a portfolio of charged-off credit card accounts to Asset Acceptance, LLC, “a purchaser and collector of delinquent consumer accounts.” (Id. ¶2, Ex. A.) This portfolio included Gates’ account. (Id.) When GE Money Bank charged off the account on March 6, 2007, it had an outstanding balance of $3,291.45 and an annual interest rate of 26.99%. (Id. ¶ 4; Ray Decl. ¶ 6, Ex B.)

On August 31, 2009, Asset filed an action in the San Diego County Superior Court against Gates (Asset Acceptance, LLC v. Gates, Case No. 37-2009-00069393-CL-CL-EC). (PI. Opp. [Docket No. 24], Ex. A.) The state court complaint alleged that Gates owed Asset a debt based on the theories of open…