Limited Civil Case For Debt Collection Reversed Based Upon Documentary Evidence.

A purchaser of a delinquent debt, the plaintiff, filed an action against the debtor, defendant. In limited civil cases, under Code of Civil Procedure section 98, documentary evidence may be introduced at trial under certain circumstances, including that the affiant is located within 150 miles of the place of trial, and, thus, available for service of process. Plaintiff filed a declaration stating its intention to introduce documentary evidence in lieu of direct testimony. The declaration states: “I am currently located in Denver, Colorado, therefore I authorize service to be accepted on my behalf within a reasonable period of time prior to trial in order to allow for necessary travel. Service will be accepted on my behalf at the office of Plaintiff’s attorney located at Mandarich Law group, LLP, 6301Owensmouth Ave. Suite 850, Woodland Hills, California, 91367, which is within 150 miles of the place of trial.” The trial court admitted plaintiff’s documentary evidence over objection, and judgment was entered for plaintiff. On appeal, defendant contends the trial court erred in admitting the section 98 documents. In reversing, the appellate division of the superior court stated: “If the legislature had intended to allow long distance service without complying with section 1987, or making a third or hybrid type of service permissible, they certainly know how to say so.” (CACH, LLC v. Rodgers (Cal. Sup. Ct., App. Div. Ventura; August 26, 2014) 229 Cal.App.4th Supp. 1, [176 Cal.Rptr.3d 843].)