WELLS FARGO BANK, N.A. VS. ROBERT A JOHNSON

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24621094 - December 1, 2025 Hearing date: December 1, 2025 Case number: CGC24621094 Case title: WELLS FARGO BANK, N.A. VS. ROBERT A JOHNSON Case Number: | | CGC24621094 | Case Title: | | WELLS FARGO BANK, N.A. VS. ROBERT A JOHNSON | Court Date: | | 2025-12-01 09:00 AM | Calendar Matter: | | PLAINTIFF WELLS FARGO BANK, N.A. MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION (ADDED TO CALENDAR FOR TENTATIVE RULING ENTRY PURPOSES ONLY) |

Rulings: | | PLAINTIFF WELLS FARGO BANK, N.A. MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION (ADDED TO CALENDAR FOR TENTATIVE RULING ENTRY PURPOSES ONLY) (Part 2 of 2, tentative ruling continues from previous entry)

Plaintiff presents a single cause of action for breach of contract. Its motion for judgment on this claim is well taken. To recover damages for breach of contract from a defendant, plaintiff must prove that: 1) plaintiff and defendant entered into a contract; 2) plaintiff did all, or substantially all, of the significant things that the contract required it to do; 3) all conditions required by the contract for defendant's performance had occurred; 4) defendant failed to do something that the contract required him/her/it to do; and 5) plaintiff was harmed by that failure. (CACI 300.)

Here, Defendant applied for a line of credit from Plaintiff. (P's BOC UMF #1.) In response to the Defendant's request, Plaintiff issued Defendant a credit card on May 7, 2006, which was mailed to Defendant with a card holder agreement. (P's BOC UMF #1.) The agreement provided that activation or use of the card constituted acceptance of the terms of the card holder agreement. (P's BOC UMF #2.) Defendant activated and/or used the credit card which constituted acceptance of the agreement. (P's BOC UMF #2.) Plaintiff provided credit and the card has an unpaid balance which remains due and owing of $17,424.80. (P's BOC UMF #11 & #12.)

Plaintiff is entitled to judgment on its breach of contract claim of $17,424.80. Judgment shall be entered on Plaintiff's breach of contract cause of action in favor of Plaintiff and against Defendant in the amount of $17,424.80. Plaintiff is the prevailing party. Right to attorney's fees, if any, and amount shall be resolved by party stipulation or separate motion.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. (302/JMQ) | |