Romero

Filed 9/6/

CERTIFIED FOR PUBLICATION

APPELLATE DIVISION

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ORANGE

MIDLAND FUNDING LLC, CASE NO. 30-2015-00780720

Plaintiff and Respondent, (Super. Ct. No. 30-2013-00683295)

v. OPINION

MICHAEL ROMERO,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Central Justice Center, Timothy J. Stafford, Judge. Reversed and remanded.

Defendant/Appellant Michael Romero appeals the judgment entered against him and in favor of Plaintiff/Respondent Midland Funding LLC in a collection action. Defendant argues the trial court erred in overruling his objections to Plaintiff’s declaration in lieu of testimony because: (1) the declarant, Kenneth Smith, was not available for service of process pursuant to Code of Civil Procedure section 98;1 (2) the declaration did not properly authenticate the attached documents, and the business records exception does not apply; and (3) there was insufficient evidence that Plaintiff had standing to sue. For the reasons discussed below, we agree that the declaration did not comply with…