UNIFUND CCR, LLC, Plaintiff and Respondent, v. JOHN C. DEAR, Defendant and Appellant., 243 Cal. App. 4th Supp. 1

Summary

HOLDINGS: [1]-Where the current assignee on a credit card account that had been sold by the original creditor submitted substantial credible evidence that the current assignee's authorized representative was the custodian of its records of the credit card statements, the representative was competent to establish the authenticity of such records within the meaning of Evid. Code, § 1271, and her declaration, which was served prior to trial in accordance with Code Civ. Proc., § 98, subd. (a)(1), was properly admitted; [2]-The trial court did not abuse its discretion in finding a valid assignment of the debtor's credit card account, as the evidence supported the reasonable inference of an assignment of the account from the original creditor to the current assignee, and the assignment to the current assignee encompassed the debtor's account.