WELLS FARGO, N.A. v. SMITH

LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 15, 2026 TIME: 8:30 A.M.

No. 25CV03592

WELLS FARGO, N.A. v. SMITH

(UNOPPOSED) PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT/ ADJUDICATION

The unopposed motion is granted. Judgment will be entered in favor of plaintiff.

I. BACKGROUND This is a limited jurisdiction collection matter filed by plaintiff Wells Fargo, N.A. against defendant Christopher R. Smith seeking $19,099.82 for an unpaid credit card debt. There are two causes of action for breach of contract. Defendant, who is represented by counsel, filed an answer and affirmative defenses. Despite proper service, defendant did not oppose the motion.

II. UNDISPUTED MATERIAL FACTS Defendant applied for and was issued a Wells Fargo credit card (“Subject Account”) ending in 5033. (Plaintiff’s Separate Statement of Undisputed Material Facts (“UF”), No. 1, 15.) Plaintiff sent Defendant the credit card along with the written Customer Agreement associated with the credit card. (UF 2, 16.) Defendant accepted the terms of the written agreement when they used the Wells Fargo Credit Card. (UF 3, 17.) Pursuant to the terms of the Customer Agreement associated with the card, Plaintiff would extend credit to Defendant whereby Defendant could charge goods, services, or obtain cash advances on the credit line (UF 4, 18.) In exchange, Defendant was to repay the principal amount lent plus applicable interest and finance charges. (UF 5, 19.)

In accordance with the Customer Agreement, Defendant used the account, and made payments, charges, and incurred a balance thereon. (UF 6, 20.) Plaintiff sent Defendant monthly statements of the Subject Account each and every billing period. (UF 7, 21.) The statements of the account reflected all charges, payments, minimum payment due that billing period, and any fees and interest incurred for each billing period. (UF 8, 22.) There is no record of any unresolved disputes on the account. (UF 9, 23.)

There is no record of any active lawsuits against Wells Fargo Bank, N.A. for unresolved disputes on this credit card account. (UF 10, 24.) Defendant’s last payment on the Subject Account was on October 4, 2024. (UF 11, 25.) Thereafter, no further payments were made by the Defendant, and therefore, pursuant to the terms of the Customer Agreement, Defendant was in default. (UF 12, 26.) The balance due on Defendant’s Subject Account is $19,099.82. (UF 13, 27.) As a result of Defendant’s unpaid balance, Plaintiff has been damaged in the sum of $19,099.82. (UF 14, 28.)