Aponte

I. BACKGROUND

The record on appeal contains the motion for summary judgment and supporting declaration filed by Bank, but does not contain a copy of Aponte’s complaint or his opposition to the motion for summary judgment, which is referenced in the register of actions for the case.1 Accordingly, our rendition of the facts and procedural history is taken from the summary judgment motion itself.

1 Aponte titled his opposition “Memorandum of Points and Authorities in Support of Vacating Defendant’s Motion for Summary Judgment.”

1 Aponte is a state prison inmate. He sued Bank for negligence and an unspecified intentional tort relating to an inmate trust account allegedly held by Bank. Bank filed a motion for summary judgment on the ground it was not the holder of the account and had no relationship to the account. In support of its motion for summary judgment, Bank presented the declaration of Brian Blake, a vice president and senior operations consultant employed by Bank, stating: (1) he was familiar with the electronic record system used by Bank to create and store information pertaining to customer accounts; (2) the records were created and maintained in the regular course of…