Portfolio Recovery Associates v. Majano CA4/3

Filed 5/23/16 Portfolio Recovery Associates v. Majano CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

PORTFOLIO RECOVERY ASSOCIATES, LLC, G051653 Plaintiff and Respondent, (Super. Ct. No. 30-2014-00706576) v. OPINION CELFA NORMA MAJANO,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Kirk H. Nakamura, Judge. Affirmed. Remer, DiVincenzo & Griffith and Joseph P. DiVincenzo for Defendant and Appellant. Hunt & Henriques, Kurtiss A. Jacobs and Jessica Danielski for Plaintiff and Respondent.

INTRODUCTION Celfa Majano appeals from a judgment awarded to Portfolio Recovery Associates, LLC (Portfolio) as the owner of her credit card debt of over $30,000. On appeal, she disputes neither the existence nor the amount of the debt. Instead, she asserts that Portfolio did not submit enough evidence at trial to support its entitlement to collect. The case was tried to the court, and there is no transcript of the proceedings. There is not much we can do without a reporter’s transcript when the appellant challenges the sufficiency of the evidence. The law is clear in California that in the absence of a reporter’s transcript the evidence is conclusively presumed to support the judgment. Accordingly we must affirm. FACTS Majano applied for an Auto Club Visa credit card. The application itself is undated, but exhibits admitted at trial stated that the account was opened in November 2000. By March 2011, Majano owed nearly $29,000 on the card. She made monthly payments of $1,000 to $1,200 between March and August 2011 then stopped making payments completely. The last billing statement, dated April 2012, showed an unpaid balance of nearly $34,000. Each billing statement from this period included the sentence 1 “This account is issued and administered by FIA Card Services, N.A.” Portfolio sued Majano on common counts for $33,954 in February 2014. It alleged it had purchased the account “from the original creditor or its successor(s) in interest.” The matter was tried to the court on January 20, 2015. It was not reported; the parties stipulated to waive a reporter. A witness, identified in Portfolio’s witness list as a custodian of records, testified on Portfolio’s behalf, and certain business records