MOTION – SUMMARY JUDGMENT
The unopposed motion for summary judgment by plaintiff American Express National Bank (“Plaintiff’) is GRANTED. (Code Civ. Proc., § 437c, subds. (c) and (p)(1).) Plaintiff has met its burden showing no triable issues of material fact exist as to any of the alleged causes of action.
Facts
Plaintiff filed this action on December 5, 2024. against defendant Jennifer Landry (“Defendant”) alleging a cause of action for breach of contract.
Defendant applied to Plaintiff for a credit card account and entered into a written agreement with Plaintiff to be bound by the terms and conditions set forth in the Cardmember Agreement, including that use of the issued card constituted acceptance of the agreement. (Plaintiff’s Separate Statement of Undisputed Material Facts (“SS”) ISSUE 1.) Defendant used the credit card, making charges and payments, and Plaintiff complied with its obligations under the Agreement by paying vendors for all charges made on Defendant’s account. (SS ISSUE 1, SUB 3.) There is no record of Defendant asserting an objection to the amount of the balance due and owing on the monthly statements that were provided to the Defendant, reflecting all debts and credits to Defendant’s account. (SS ISSUE 1.)
The last payment applied to the account or transaction made by Defendant was on February 27, 2024. That date, Defendant defaulted in making the payments due under the terms of the Cardmember Agreement, thus Plaintiff accelerated the account balance so that the entire unpaid balance on the account became immediately due and payable. (SS ISSUE 1.) Defendant owes Plaintiff $21,488.60 on the principal balance. (SS ISSUE 1.)
Standard for Summary Judgment
A plaintiff moving for summary judgment meets his or her burden of proof by showing there is no defense to each cause of action by proving each element of the cause of action. (Code Civ. Proc., § 437c(p)(1); see also Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 853 [“summary judgment law in this state no longer requires a plaintiff moving for summary judgment to disprove any defense asserted by defendant as well as prove each element of his own cause of action. . . . All that the plaintiff need do is to ‘prove [] each element of the cause of action’ ”].) Once a plaintiff meets this burden, the burden shifts to defendant “to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.” (
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Discussion
Plaintiff claims it is entitled to summary judgment against Defendant on the grounds that there is no defense to this action. (Memorandum of Points and Authorities, P1:24, 2:23. Plaintiff alleges a breach of contract against Defendant.
The elements of a breach of contract cause of action are: (1) the existence of a contract; (2) the plaintiff's performance or excuse for nonperformance of the contract; (3) defendant's breach; and (4) damage to plaintiff resulting from the breach. (State Compensation Ins. Fund v. ReadyLink Healthcare, Inc. (2020) 50 Cal.App.5th 422, 449 (“ReadyLink”).)
Here, Plaintiff proffers evidence of the agreement for the credit card, that Plaintiff performed its obligation under the terms of the agreement by extending funds to Defendant for various goods, services, and cash advances, that Defendant failed to honor the obligations under the terms of the credit card agreement by failing to pay the sums owed to Plaintiff, and that Plaintiff is owed a sum certain in the amount of $21,488.60. (SS ISSUE 1.)
The Court finds that Plaintiff has met its burden establishing each element of its cause of action for breach of contract. (SS ISSUE 1.) Without controverting evidence, the Court grants Plaintiff’s motion for summary judgment.
Parties must comply with Marin County Superior Court Local Rules, Rule 2.10(A), (B), which provides that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. In the event no party requests oral argument in accordance with Rule 2.10(B), the tentative ruling shall become the order of the court.
IT IS ORDERED that evidentiary hearings shall be in-person in Department L. For routine appearances, the parties may access Department L for video conference via a link on the court website. Kindly turn your camera on when your case is called and make sure the party or lawyer making the appearance is properly identified on the screen.
FURTHER ORDERED that the parties are responsible for ensuring that they have a good connection and that they are available for the hearing while using the virtual remote courtroom. If the connection is inadequate, the Court may proceed with the hearing in the party’s absence. If it is determined that you are diving your car during the hearing, you will be removed from the virtual courtroom. (Yes, this happens).