Motion for summary judgment
Case No.: 25CV470556
At issue is plaintiff Wells Fargo Bank, N.A.’s motion for summary judgment in this credit card collections action. Notice is proper and the motion is unopposed. Failure to oppose a motion may be deemed a consent to the granting of the motion. (Cal. Rules of Court, rule 8.54(c).) Failure to oppose a motion leads to the presumption that the non-moving party has no meritorious arguments. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 489.)
Summary judgment is appropriate when there is no triable issue of material fact as to one or more elements of a particular cause of action. (Code Civ. Proc., § 437c, subds. (f)(1), (o)(1).) The court identifies the causes of action framed by the pleadings. The court then determines whether the plaintiff as the moving party has carried its burden to show that there is no defense to any cause of action by proving each element of the causes of action. (Code Civ. Proc., § 437c, subd. (p)(1).) If the plaintiff makes that prima facie showing, the burden of production shifts to the defendant to show that a triable issue of one or more material facts exists as to the causes of action, or a defense thereto. (Ibid.) “The defendant or crossdefendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto.” (Ibid.)
The complaint alleges two causes of action against defendant: breach of written contract and breach of implied contract. Both causes of action have the same elements: (1) existence of the contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach; and (4) damages to plaintiff as a result of the breach. (Aton Center, Inc. v. United Healthcare Ins. Co. (2023) 93 Cal.App.5th 1214, 1230
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Plaintiff’s motion is supported by evidence showing that defendant obtained a credit card account from plaintiff that was subject to a customer agreement contract; defendant accepted the terms of that contract by using the credit card; plaintiff extended credit and performed all its obligations under the contract; defendant breached the contract by not making all required payments; and plaintiff suffered damages of $28,682.82 (i.e., the balance due on the credit card). Plaintiff satisfied its initial burden as to both causes of action. Defendant did not oppose the motion. Plaintiff is entitled to summary judgment.
Plaintiff filed a memorandum of costs in January 2026, seeking $960 in costs. Defendant forfeited any challenge to the amount of those costs by not timely filing a motion to tax costs. (Cal. Rules of Court, rule 3.1700(b)(1).)
Plaintiff’s motion for summary judgment is GRANTED. Plaintiff is ordered to submit a proposed judgment indicating damages of $28,682.82 in damages and $960 in costs. The court will prepare the order.
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Calendar Line 7 Case Name: Meenakshi Patil v. Amaresh Malipatil et al.