WELLS FARGO BANK, NA VS. MARISOL ROMAN

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC25623552 - December 16, 2025 Hearing date: December 16, 2025 Case number: CGC25623552 Case title: WELLS FARGO BANK, NA VS. MARISOL ROMAN Case Number: | | CGC25623552 | Case Title: | | WELLS FARGO BANK, NA VS. MARISOL ROMAN | Court Date: | | 2025-12-16 09:00 AM | Calendar Matter: | | PLAINTIFF WELLS FARGO BANK, NA MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION PURSUANT TO CCP 437C (ADDED TO CALENDAR FOR TENTATIVE RULING ENTRY PURPOSES ONLY) | Rulings: | | On the Law & Motion/Discovery calendar for Tuesday, December 16, 2025, Line 7, PLAINTIFF WELLS FARGO BANK, NA'S MOTION FOR SUMMARY JUDGMENT Or In The Alternative Summary Adjudication Pursuant To CCP 437c. (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 SSUMF #1.) In response to the Defendant's request, Plaintiff issued Defendant a credit card. (P's SSUMF ##1-2.) The agreement provided that activation or use of the card constituted acceptance of the terms of the card holder agreement. (P's SSUMF ##2-4.) Defendant activated and/or used the credit card which constituted acceptance of the agreement. (P's SSUMF #2 & #8.) Plaintiff provided credit and the card has an unpaid balance which remains due and owing of $10,409.62. (P's SSUMF ##10-12.)

Plaintiff is entitled to judgment on its breach of contract claim of $10,409.62. Judgment shall be entered on Plaintiff's breach of contract cause of action in favor of Plaintiff and against Defendant in the amount of $10,409.62. 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.