Motion for Summary Judgment or in the Alternative Summary Adjudication
25CV-01642 Wells Fargo Bank, N.A. vs. Stefannie Rivas
Motion for Summary Judgment or in the Alternative Summary Adjudication
The unopposed motion for summary judgment by plaintiff Wells Fargo Bank, N.A. is GRANTED. Upon consideration of all the evidence set forth in the papers, including the declaration of plaintiff’s Loan Workout Specialist Betsi L. Gibbons authenticating business records supporting Plaintiff’s undisputed material facts, the Court finds that there is no triable issue of material fact and Plaintiff is entitled to judgment as a matter of law. Plaintiff has proven each element of its cause of action for breach of contract. The burden therefore shifts to Defendant to show the existence of one or more triable issues of material fact. (Code Civ. Proc., § 437c, subd. (p)(1).) By not opposing the motion, Defendant has failed to meet her burden.
In light of the Court’s ruling on the motion for summary judgment, it is unnecessary to rule on Plaintiff’s alternative motion for summary adjudication as to the sole cause of action for breach of contract.
Judgment shall be entered for Plaintiff and against Defendant Stefannie Rivas. The Court will sign the proposed order lodged with the moving papers. Plaintiff is entitled to recover reasonable attorney’s fees and costs according to proof in accordance with rule 3.1702 of the California Rules of Court and Civil Code section 1717. Plaintiff is ordered to
prepare a proposed judgment, submit a cost memorandum and submit a declaration in support of a motion for reasonable attorney’s fees.
The case management conference scheduled for September 11, 2026, is vacated.
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