from the Iowa District Court for Jefferson County, Myron L.
Salerno appeals the district court grant of summary judgment
in favor of Bank of America, N.A., for payment of a credit
W. Salerno, Fairfield, self-represented appellant.
Adrienne E. Sula of Rausch Sturm, Brookfield, Wisconsin, for
Potterfield, P.J., and Bower and McDonald, JJ.
Salerno appeals the district court summary judgment ruling in
a suit brought by Bank of America, N.A. (BANA) to recover on
a defaulted credit card account. We affirm the district
around October 2000, Salerno opened a credit card account
with BANA. Salerno used the credit card and made regular
payments for almost fifteen years. BANA sent monthly account
statements and amendments to the credit card agreement when
applicable. Salerno last made a payment on July 2, 2015. He
continued to use the account through July 27, 2015, by
transferring a balance from another account and taking out a
cash advance. BANA charged off Salerno's account in
February 2016. BANA engaged in correspondence with
Salerno, providing statutorily-required notices and
verifications, validations of the debt and other documents
requested by Salerno, and various requests for payment, with
Salerno repeatedly claiming insufficient validation and
2017, BANA filed a petition at law alleging breach of
contract by Salerno for failing to make required periodic
payments. Salerno answered and cross-claimed,
alleging BANA failed to comply with the Fair Debt Collection
Practices Act. See 15 U.S.C. §§ 1692-1692p
(2017). BANA filed a motion for summary judgment on its
breach-of-contract claim, which Salerno resisted on the same
grounds as his counterclaim. The district court granted
BANA's motion, and Salerno appeals.
To establish a breach of contract, BANA must show:
(1) the existence of a contract; (2) the terms and conditions
of the contract; (3) that it has performed all the terms and
conditions required under the contract; (4) the
defendant's breach of the contract in some particular
way; and (5) that plaintiff has suffered damages as a result
of the breach.
Iowa Arboretum, Inc. v. Iowa 4-H Found., 886 N.W.2d
695, 706 (Iowa 2016) (quoting Iowa Mortg. Ctr., L.L.C. v.
Baccam, 841 N.W.2d 107, 110-11 (Iowa 2013)).
agree with the district court BANA established there is no
disputed issue of fact and it was entitled to judgment as a
matter of law. BANA provided evidence, including all periodic
statements and the terms and conditions of the contract,
establishing Salerno had a long-standing account with BANA
with each side performing its contractual duties for over
fourteen years. BANA further provided evidence Salerno had
breached the contract by not making payments, and it provided
proof of the outstanding debt he owed to BANA.
never objected to any of the credit card statements and did
not claim he did not receive any benefit from BANA. Salerno
does not identify any terms or conditions of the contract
that BANA failed to perform. In 2015, Salerno ceased making
payments to BANA without notice while continuing to use the
credit obtained from BANA per the terms of the contract for
his financial benefit. He provided no authority, evidence, or
legally cognizable claim that would create a triable issue of
fact or otherwise preclude the entry of judgment as a matter