American Express Bank v. Ung CA3

BACKGROUND FACTS

Victor has elected to bring this appeal on a partial clerk’s transcript without a reporter’s transcript of the trial or an agreed or settled statement. This is referred to as a “judgment roll” appeal. (Allen v. Toten (1985) 172 Cal.App.3d 1079, 1082.) On such an appeal, the trial court’s findings are conclusively presumed to be supported by substantial evidence. (Ehrler v. Ehrler (1981) 126 Cal.App.3d 147, 154 (Ehrler).) Accordingly, our summary of the facts is based upon the trial court’s written findings, which we quote extensively below. (Bristow v. Morelli (1969) 270 Cal.App.2d 894, 896.) “In 2004, Elizabeth and Victor were partners in running Bing’s Market. Bing’s Market is not an LLC. It is run as a ‘DBA’ and each defendant is sued individually and ‘DBA Bing’s Market.’ “In January, 2004, Elizabeth applied for, and was issued, an American Express Costco business credit card. American Express sent to Elizabeth a nine page ‘Cardmember Agreement’ [citation]. The agreement states ‘when you or an Additional Card member, as defined below, use the Account (or sign or keep a card), you and the Additional Cardmember agree to the terms of the Agreement.’ The Agreement…