Hale

FACTS

Appellant opened a credit card account with Citibank, N.A. He accumulated an unpaid balance of $10,138.41. Through a series of assignments, respondent acquired Citibank‟s rights as creditor. Respondent seeks to enforce those rights in this action. Appellant does not deny the account, but he testified that he does not recall any of the details of the purchases on or the accrued balance of the account.

PROCEEDINGS IN THE TRIAL COURT

On October 22, 2013, respondent filed the instant action for breach of contract and common counts. On December 18, 2013, appellant answered the complaint and alleged both a general denial as well as 24 affirmative defenses.

2 On August 21, 2014, respondent filed a declaration of authorized agent in lieu of live testimony pursuant to Code of Civil Procedure, section 98, in relation to the trial which was scheduled for September 29, 2014.1 It is undisputed that the section 98 declaration was materially inaccurate in one respect: it represented that the declarant, Marc Roberts, was available for service of process at an address in Santa Monica which is within 150 miles of the trial court. In fact, that address was a business center/mailbox…