The Holding
On September 6, 2016, the Appellate Division of the Superior Court of Orange County, published not one, but two significant holdings in this debt collection case.
First, the Court determined that in Orange County, California Code of Civil Procedure “Section 98 requires the declarant to be available for personal service,” and Midland Funding, LLC’s failure to comply with this requirement rendered its Section 98 declaration inadmissible. (As of February 15 2019, the California Supreme Court has now sanctified this position in its Meza v. Portfolio Recovery Associates, LLC decision.)
Second, and perhaps more significantly, the Court held that debt buyer Midland Funding, LLC’s documentary evidence obtained by Midland from the original creditor, was inadmissible hearsay that was not properly authenticated and did not qualify for the business records exception to the hearsay rule.
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