Ray Facciolo v. Nina Vietri, CPU4-16-001547

Plaintiff appealed a Justice of the Peace dismissal seeking repayment for debts he alleges he incurred on behalf of Defendant during their relationship; complaint alleged last payment in 2014 and some debts dated as early as 2012.
Plaintiff filed an affidavit and bill of particulars listing multiple transactions (including trips in 2012) and alleged an arrangement where Plaintiff used his credit card and Defendant would repay him.
Defendant moved for summary judgment arguing (1) certain 2012 debts are time-barred by the 3-year statute of limitations, (2) Plaintiff lacked standing to assert debts owed to third parties (Plaintiff later conceded these claims), and (3) no enforceable agreement existed (debts were gifts/no ascertainable terms).
Plaintiff opposed, arguing issues of fact exist on whether (a) the parties had a continuous credit arrangement (which would toll accrual) or severable debts, and (b) past partial repayments and course of dealings support an enforceable promise to repay.
The Court denied summary judgment, finding disputed material facts about whether the parties’ obligations were part of a continuous account or separate loans and whether an enforceable agreement (or alternatively promissory estoppel/unjust enrichment) existed; case was set for trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether statute of limitations bars 2012 debts	Some debts accompanied payments and partial repayments; a continuous account or later promise could toll limitations	2012 debts accrued in 2012 and are barred by the 3‑year statute	Denied — genuine factual dispute whether account was continuous (accrual) or severable; more factfinding required
Whether Plaintiff lacks standing to assert debts owed to third parties	Initially asserted some debts involved Plaintiff’s relatives but withdrew those claims	Standing lacking for claims on behalf of non‑parties	Plaintiff conceded lack of standing for those claims; court need not decide further
Whether an enforceable agreement existed (consideration/terms)	Affidavit indicates an agreed system: Plaintiff would use his card and Defendant would repay; course of dealings supports enforceability	Alleged transactions were gifts during romantic relationship; text messages show no binding repayment promise	Denied — genuine issue of material fact whether debts were loans under an enforceable contract versus gifts; factfinder must decide
Whether summary judgment appropriate given record	Factual record incomplete; disputes over account nature, repayment timing, and intent	Seeks judgment as matter of law based on limitations and lack of contract	Denied — under CCP Civ. R. 56(c), disputed material facts preclude summary judgment; further inquiry/trial required

Ebersole v. Lawengrub, 180 A.2d 467 (Del. 1962) (summary judgment standard and view of facts in favor of nonmoving party)