Plaintiff’s Motion for Summary Judgment
2025CLCL050222: WELLS FARGO BANK, N.A. vs ALEXSANDRA HALCON 05/28/2026 in Department 43 Motion for Summary Judgment Pursuant to CCP 437C
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With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge Coats's secretary, Ms. Brantner at 805- 477-8790, stating that you submit on the tentative. Or you may email Courtroom43@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of sending a fax or email. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. If you are the moving party and do not advise the Court that you submit on the tentative, or you do not appear at the hearing, the Court may deny your motion irrespective of the tentative.
Unless stated otherwise at the hearing, if a formal order is required but not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized.
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Motion: Plaintiff’s Motion for Summary Judgment
Tentative Ruling: Plaintiff’s unopposed Motion for Summary Judgment is GRANTED.
Undisputed Material Facts 1 through 14 are undisputed and established by the evidence.
2025CLCL050222: WELLS FARGO BANK, N.A. vs ALEXSANDRA HALCON
“A cause of action for damages for breach of contract is comprised of the following elements: (1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.” (Careau & Co. v. Security Pacific Business Credit, Inc."(1990) 222 Cal.App.3d 1371, 1388.)" " Here, moving party has established that Defendant was issued a credit card by Plaintiff and Defendant accepted the terms of the written agreement demonstrating a contract between the parties. (UMF ¶¶ 1-6.) “It’is further undisputed that Defendant was to repay the principal plus interest and finance charges,"Defendant incurred charges on the card, and Defendant stopped paying the balance after December 20, 2024. (UMF ¶¶"5, 6, 11.)
Defendant has not presented evidence of any kind to rebut is evidence. Nor has Defendant objected to the evidence proffered by the moving party. Thus, Plaintiff establishes Defendant’s breach. Defendant owes’Plaintiff an outstanding balance of $16,349.22, establishing Plaintiff’s damages. (UMF ¶¶ 13.) Plaintiff is entitled to judgment in the amount of $16,349.22, plus court costs of $960.00, for a total judgment in the sum of $17,309.22.
The Court will sign the proposed order and judgment.
Moving party is ordered to serve notice of the Court’s ruling.
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