Judge Elizabeth Taylor
Discover Bank moved for judgment in its favor arguing Obrien was in breach of a credit card agreement. Alternatively, Discover sought to recover under an account stated cause of action. The court found it was undisputed that Discover failed to produce an executed contract between the parties, therefore, it failed to establish a breach of contract cause of action. Yet, it stated that in the absence of an original contract, Discover may establish an agreement between the parties existed based on prior transactions. Discover submitted a statement contending Obrien accepted and retained the statement, and never disputed the validity of the balance owed. The court ruled such submission was sufficient to establish prima facie there was an account between the parties, and that a specific balance was due. However, it further found Obrien alleged that he contacted Discover numerous times, from 2008 through the filing of this action in 2010, and disputed the amount of the bill. Obrien maintained that the bill contained fees he disputed. Therefore, the court concluded Obrien raised a triable issue of fact of whether he disputed the amount of the bill, denying Discover's motion for summary judgment.
