Judge Samuels
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IN THIS action to collect a credit card debt, plaintiff CACV moved for summary judgment. Plaintiff alleged debtor cross-moved for summary judgment dismissing the complaint. The court found plaintiff failed to show entitlement to summary judgment on its first cause of action, that defendant was indebted to plaintiff in that plaintiff was the predecessor-in-interest of the entity that issued the card used by defendant. It stated an affidavit from an alleged authorized agent of CACV and copies of documents purporting to represent the chain of titled of defendant’s debt were insufficient to provide a complete chain of title, and also did not completely show how defendant’s account was transferred to plaintiff. The court further found plaintiff failed to show entitlement to summary judgment on its second cause of action, an account stated. It noted plaintiff did not have an affidavit from a prior owner of the debt who sent bill notices to defendant, who retained such notices and failed to pay proper charges. Hence, defendant’s cross-motion was granted and the action dismissed.
