DISCOVER BANK v. OCAMPO, ET AL.

Case No. CL25-03776

Motion for Summary Judgment

Plaintiff’s unopposed motion for summary judgment is granted.

Defendant has not filed a separate statement disputing any of Plaintiff’s facts, which alone justifies granting the motion. (Code Civ. Proc. § 437c(b)(3).)

Moreover, Plaintiff has presented evidence sufficient to meet its burden of proving each essential element of its breach of contract cause of action. (Code Civ. Proc. § 437c(p)(1); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) It is undisputed that Defendant entered into a credit card agreement with Plaintiff, Defendant used the credit account to charge for various goods, services, and cash advances, Plaintiff paid the vendors for all charges made, Defendant breached by failing to make payments as they became due, and Defendant owes an outstanding principal balance of $2,659.12. (UMF 1, 3, 6-8.)

Judgment shall be entered against Defendant and in favor of Plaintiff for the unpaid balance of $2,659.12 and court costs of $297.61 as set forth in the memorandum of costs filed and served concurrently with Plaintiff’s motion for a total of $2,956.73.

STEVEN WILLIAMS v. H&S ENERGY, LLC et al.