WELLS FARGO BANK, N.A. VS GOMEZ

1. CASE # CASE NAME HEARING NAME MOTION FOR SUMMARY JUDGMENT WELLS FARGO BANK, N.A. CVPS2501352 ON COMPLAINT OF WELLS FARGO VS GOMEZ BANK, N.A. Tentative Ruling: Plaintiff Wells Fargo Bank N.A.’s motion for summary judgment is GRANTED, as is the request for judicial notice filed in support of the motion.

To succeed on a claim for breach of contract, a plaintiff must show: (1) the existence of a contract, (2) their performance under the contract or excuse for nonperformance, (3) the defendant's breach, and (4) resulting damages. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) Here, plaintiff showed: (1) it entered into a credit card agreement with defendant Patricia B. Gomez; (2) it performed all duties under the agreement, including issuing a card to defendant and providing monthly statements; (3) defendant breached the agreement by failing to make all required payments on her account; and (4) that breach resulted in damages. Plaintiff therefore met its burden of showing entitlement to judgment on its breach of contract cause of action, shifting the burden to defendant to show a triable issue of material fact. (CCP 437c(p)(1).) Defendant did not meet this burden because her opposition relies exclusively on allegations or denials in her pleadings, not specific facts. (Ibid.; see also CCP 437c(b)(3) [disputed facts should refer to supporting evidence].) Plaintiff is accordingly entitled to judgment as a matter of law. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.)

All future hearing dates are VACATED.