Judge Cenceria Edwards


Plaintiff moved for summary judgment against defendant to recover on nonpayment of defendant’s credit card. Original creditor HSBC Bank Nevada, N.A. issued defendant a credit card. Plaintiff acquired defendant’s debt from Capital One Bank, N.A. and filed the present action. In opposition to plaintiff’s motion, defendant challenged plaintiff’s standing to bring the action. Specifically, defendant argued that there was no privity of contract between herself and plaintiff because defendant opened her account with HSBC and plaintiff was not a party to that agreement. Plaintiff asserted that it was an assignee of the contract between HSBC and defendant, attaching an affidavit of assignment from a representative of Capital One Bank, an affidavit of sale of account, and the purported bill of sale from Capital One to plaintiff. Capital One asserted that it was the assignee of HSBC. However, the court found that plaintiff had failed to prove a proper chain of assignments between HSBC and Capital One to establish privity between plaintiff and defendant. Thus, the court concurred that plaintiff lacked standing to bring its action and denied its motion for summary judgment.