Kien M. Nguyen v. Citibank N.A.
403 S.W.3d 927
Tex. App.2013Background
- Citibank sued Nguyen for unpaid credit-card debt and moved for summary judgment on an account-stated claim, seeking $24,867.81.
- Citibank submitted an affidavit from Tiena Reynolds, a custodian of records for Citicorp Credit Services, Inc. (CCSI), stating CCSI services accounts owned by Citibank and that Citibank owned Nguyen’s account; billing statements showing the $24,867.81 balance were attached.
- Nguyen responded with a motion to abate and a response to summary judgment, arguing Citibank lacked standing because the statements and payment instructions referenced "Citi Cards," not Citibank, and challenging Reynolds’s affidavit as conclusory/lacking personal knowledge.
- The trial court granted Citibank final summary judgment for $24,867.81 plus costs and interest.
- On appeal Nguyen raised three issues: (1) Citibank’s lack of standing, (2) alleged defects in Reynolds’s affidavit, and (3) a fact question about the amount owed.
Issues
| Issue | Plaintiff's Argument (Nguyen) | Defendant's Argument (Citibank) | Held |
|---|---|---|---|
| Standing to sue | Statements showed "Citi Cards" as sender/payee; Citibank did not prove relationship to Citi Cards | Reynolds’s affidavit declares Citibank owns the account and attaches account records | Citibank had standing; ownership established by affidavit absent controverting evidence |
| Affidavit sufficiency | Reynolds didn’t expressly reference Citi Cards; affidavit was conclusory and lacked personal knowledge | Reynolds is custodian of records and swore her statements were based on personal knowledge and review of business records | Affidavit was competent: based on personal knowledge as custodian and not merely conclusory |
| Amount of debt | Nguyen denied owing Citibank in discovery/verified filings, creating a fact issue about the $24,867.81 balance | Citibank produced billing statements showing the $24,867.81 balance; Nguyen’s denials weren’t properly before the court or did not deny the amount | No genuine fact issue on amount; summary judgment award affirmed |
Key Cases Cited
- Bland I.S.D. v. Blue, 34 S.W.3d 547 (Tex. 2000) (standing/subject-matter jurisdiction principles)
- Austin Nursing Ctr., Inc. v. Lovato, 171 S.W.3d 845 (Tex. 2005) (standing requires justiciable interest)
- Heckman v. Williamson Cnty., 369 S.W.3d 137 (Tex. 2012) (standing reviewed de novo)
- Nixon v. Mr. Property Mgmt. Co., 690 S.W.2d 546 (Tex. 1985) (summary-judgment burden and inference rules)
- Laidlaw Waste Sys. (Dallas), Inc. v. City of Wilmer, 904 S.W.2d 656 (Tex. 1995) (limits on using verified pleadings as summary-judgment evidence)
- Americana Motel, Inc. v. Johnson, 610 S.W.2d 143 (Tex. 1980) (requests for admission are generally not summary-judgment evidence)