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MERTOLA, LLC v. SANTOS

No. 1 CA-CV 16-0168.

390 P.3d 812 (2017)

MERTOLA, LLC, Plaintiff/Appellant, v. Alberto J. SANTOS, et al., Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED March 2, 2017.

Attorney(s) appearing for the Case

Law Office of James R. Vaughan PC, Scottsdale, By Brian K. Partridge , Melissa R., Greaves , Eric W. Logvin , James R. Vaughan , Counsel for Plaintiff/Appellant

Carl Retter Attorney at Law, Scottsdale, By Carl R. Retter , Counsel for Defendants/Appellees

Presiding Judge Diane M. Johnsen delivered the opinion of the Court, in which Judge Margaret H. Downie and Judge James P. Beene joined.

OPINION

¶ 1 We hold in this case that, absent agreement to the contrary, a cardholder's failure to make a minimum monthly credit-card payment does not trigger the statute of limitations on a claim for the entire unpaid balance on the account. Absent contrary terms in the account...

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