AMERICAN EXPRESS NATIONAL BANK vs MANDUCA

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING

***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 28 WILL BE HEARD IN DEPARTMENT 8C OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION***

Plaintiff American Express National Bank’s (“Plaintiff”) motion for summary judgment against Defendant in pro per Ashley Manduca (“Defendant”) is UNOPPOSED and ruled upon as follows.

Background

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV012509: AMERICAN EXPRESS NATIONAL BANK vs MANDUCA 08/10/2026 Hearing on Motion for Summary Judgment or in the Alternative Summary Adjudication in Department 8C

Plaintiff filed this action on May 23, 2025 alleging a single cause of action for breach of contract. Defendant filed an Answer on August 13, 2025. Plaintiff filed the present motion and served it on Defendant via mail on December 18, 2025. Defendant has not filed an opposition.

Plaintiff’s claim arises from a credit card agreement. Plaintiff’s separate statement establishes the following facts. On March 26, 2022, Defendant applied to Plaintiff for a credit card account and entered into a written credit card account agreement. Defendant used the credit card by making various purchases on the account. Plaintiff complied with its obligations under the agreement by paying vendors for all charges. Plaintiff maintained computerized records of the debits and credits on Defendant’s account and provided the information contained in the records to Defendant in the form of monthly billing statements.

There is no record of Defendant challenging any of the balances shown on the monthly statement. Prior to March 24, 2025, Defendant defaulted in making payments due under the terms of the cardmember agreement, resulting in the entire balance becoming immediately due and payable. The last payment applied to the account was on or about October 11, 2024. Defendant owes Plaintiff a principal balance of $6,299.88.

Legal Standard

Code of Civil Procedure section 437c(c) requires that a motion for summary judgment be granted “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” First, the Court must identify the issues framed by the pleadings, since the court’s sole function on a motion for summary judgment is to determine from the submitted evidence whether there is a “triable issue as to any material fact.” (Code Civ. Proc. § 437c(c).) To be “material” for purposes of a summary judgment proceeding, a fact must relate to some claim or defense at issue under the pleadings, and it must also be essential to the judgment in some way. (Zavala v. Arce (1997) 58 Cal.App.4th 915, 926.)

Second, the court must determine whether the moving party has met its statutory burden of proof. (Zavala, supra, 58 Cal.App.4th at p. 926.) Where, as here, the plaintiff is the moving party, the court must determine whether the plaintiff has met its burden under Code of Civil Procedure section 437c(p)(1), to show there is no defense to a cause of action because the admissible evidence produced by the plaintiff proves “each element of the cause of action entitling the party to judgment on that cause of action.” (Code Civ. Proc. § 437c(p)(1).)

Where the moving party meets its statutory burden of proof and the summary judgment motion prima facie justifies a judgment, the burden shifts to the opposing party and the court must determine whether that party has met its burden under Code of Civil Procedure section 437c. (Zavala, supra, 58 Cal.App.4th at p. 926; Code Civ. Proc. § 437c(o)(1), (2).) Where, as here, the

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV012509: AMERICAN EXPRESS NATIONAL BANK vs MANDUCA 08/10/2026 Hearing on Motion for Summary Judgment or in the Alternative Summary Adjudication in Department 8C

defendant is the opposing party, he or she must produce admissible evidence showing that 'a triable issue of one or more materials facts exists as to that cause of action or a defense thereto.” (Code Civ. Proc. § 437c(p)(1).)

Discussion

“To prevail on a breach of contract cause of action, [a plaintiff] must establish (1) a contract; (2) its performance or excuse for nonperformance; (3) breach; and (4) damages.” (Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.app.4th 437, 447.)

Plaintiff’s moving papers establish the elements of its breach of contract cause of action. Plaintiff has shown that the parties entered into a credit card agreement by which Plaintiff was obligated to pay vendors for charges made by Defendant on the account, and Defendant in turn was obligated to repay the charged amount plus interest to Plaintiff. Defendant accepted the terms of the credit card agreement by applying for, receiving, and using the credit card for purchases. Plaintiff provided Defendant with monthly billing statements showing the credits and debits on the account, and Defendant did not dispute any of the charges.

Defendant defaulted on the credit card agreement by failing to make payments due. Plaintiff was damaged by Defendant’s breach, with the principal balance owed on the account totaling $6,299.88. Thus, Plaintiff has met its initial burden. Since Defendant has not filed an opposition, she has not met her burden in opposition.

Disposition

Plaintiff’s motion for summary judgment is GRANTED. Plaintiff is entitled to judgment in its favor in the amount of $6,299.88.

The Court will sign the proposed order submitted with the moving papers. Plaintiff shall give notice of entry of the order via mail and file proof of service within five days of mailing.

Plaintiff shall submit an amended proposed judgment in the amount of $6,299.88 that does not include an award for costs. Plaintiff’s prematurely filed memorandum of costs is stricken. Plaintiff may seek an award of costs by filing a new memorandum of costs after entry of judgment. (Cal. Rules of Court, rule 3.1700(a)(1).)