Motion for Summary Judgment
The motion is CONTINUED to the next available hearing date of November 18, 2026, at 3:00 p.m., in Department 16.
3. 25CV01840, American Express National Bank v. Trujillo
Plaintiff American Express National Bank (“Plaintiff”) moves for summary judgment in its favor against Defendant Randy Trujillo, aka Randy J. Trujillo (“Defendant”), on Plaintiff’s single cause of action for breach of contract. The motion is GRANTED.
On March 14, 2025, Plaintiff filed a complaint against Defendant alleging breach of contract on a personal loan. Plaintiff alleges Defendant owes it $33,690.30.
On May 2, 2025, Defendant filed an answer generally denying each statement alleged in the complaint and stating he does not have the funds to pay back the debt. He states he is “currently filing bankruptcy due to sustainable loss with Crypto over $750,000.” As of the time the court reviewed this matter, no notice of a bankruptcy filing had been filed in this action.
Defendant applied to Plaintiff for a personal loan and entered into a written Loan Agreement for the account number ending in 1000 (the “Account”). (Plaintiff’s Undisputed Material Fact [“UMF”] No. 1.) Pursuant to the direction of the Defendant, Plaintiff disbursed the loan/financed amount to the Defendant by check, to Defendant’s designated bank account or to a third-party designee. (UMF No. 2.) The Defendant agreed to be bound by the terms and conditions set forth in the Loan Agreement and, among other promises, promised to pay Plaintiff the principal amount advanced and/or financed along with the interest rate disclosed in the Truth in Lending disclosure statement. (UMF No. 3.)
The loan amount, the accrual of interest, and the amount of fees and payments applied to the loan account are duly reflected on the computerized records regularly kept and maintained by Plaintiff in connection with Defendant’s loan account. (UMF No. 4.) Those records were provided on a monthly basis in the form of billing statements to Defendant. (Ibid.)
Before 01/17/25, the Defendant defaulted in making the payments due under the terms of the Loan Agreement and Plaintiff accelerated the account balance so that the entire unpaid balance on the account became immediately due and payable. (UMF No. 5.) The last payment applied to the account was on or about 10/04/24. (UMF No. 6.) Defendant owes Plaintiff $33,690.30 plus court costs. (UMF No. 7.)
Plaintiff has established the parties entered into an agreement; Plaintiff’s performance of its obligations under the agreement; Defendant’s breach; and, resulting damages to Plaintiff. (See Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1388 [elements of a cause of action for breach of contract].)
Defendant has not filed opposition. Therefore, he has failed to raise a triable issue of material fact. Accordingly, the motion is GRANTED. This court will sign the proposed order.
4. 25CV03181, Looney v. Perez
Plaintiff Gary E. Looney dba Collectronics of California (“Plaintiff”) moves for an order appointing Landon McPherson as receiver to take possession of and, if necessary, sell the liquor license of defendant Gerardo Perez, individually as personal guarantor of The Maple Bar Cafe (“Judgment Debtor”) in order to carry out the judgment entered in this case in the amount of $8,862.85. 5
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