Rosanto Ordinario v. Lvnv Funding, LLC, 16-55417

Ordinario sued under the FDCPA and the Rosenthal Act, alleging LVNV filed a time‑barred state court action to collect credit card debt.
LVNV had pursued a state court claim framed as an account stated/open book, not as breach of the underlying cardholder contract.
Ordinario made his last payment on June 18, 2009; Chase issued a final statement in January 2010, charged a late fee on January 13, 2010, and closed the account January 30, 2010.
LVNV filed the state court action on December 5, 2012.
The central legal question was whether the state court claim was barred by California’s four‑year limitations period for accounts stated/book accounts.
The Ninth Circuit affirmed the district court, holding LVNV’s state court action was timely and therefore there was no FDCPA or Rosenthal Act violation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether LVNV’s state court account stated claim was time‑barred under California’s four‑year statute	Ordinario argued the limitations period began earlier (last payment) or at least before the final charges/closure, making LVNV’s suit untimely	LVNV argued the cause accrued at the date of the last entry (late fee assessed Jan 13, 2010) or account closing, so suit filed within four years	Court held accrual was at the last entry (late fee Jan 13, 2010); LVNV’s Dec 5, 2012 suit was timely, so no FDCPA/Rosenthal violation
Whether an account stated existed	Ordinario disputed that an account stated was formed	LVNV argued monthly statements, payments, a final statement, and no dispute created an account stated	Court held an account stated existed as Ordinario received statements, made payments, received a final statement, and did not dispute it

Zinn v. Fred R. Bright Co., 271 Cal. App. 2d 597 (Cal. Ct. App. 1969) (elements and nature of an account stated)
Maggio, Inc. v. Neal, 196 Cal. App. 3d 745 (Cal. Ct. App. 1987) (account stated may be implied when a statement goes undisputed)
R.N.C. Inc. v. Tsegeletos, 231 Cal. App. 3d 967 (Cal. Ct. App. 1991) (accrual when creditor demands payment or indicates termination of credit relationship)
Prof'l Collection Consultants v. Lauron, 8 Cal. App. 5th 958 (Cal. Ct. App. 2017) (four‑year statute for account stated and open book; accrual at last item)
O'Bryne v. Portfolio Recovery Assocs., LLC, [citation="596 F. App'x 565"] (9th Cir. 2015) (uncontested final credit card statement can establish an account stated)
Donohue v. Quick Collect, Inc., 592 F.3d 1027 (9th Cir. 2010) (standard of review for cross‑motions for summary judgment)
Riggs v. Prober & Raphael, 681 F.3d 1097 (9th Cir. 2012) (de novo review of statutory interpretation under FDCPA/Rosenthal)
Afewerki v. Anaya Law Grp., 868 F.3d 771 (9th Cir. 2017) (appellate affirmation may be grounded on any record-supported basis)