American Express National Bank v. Timmy Tri, et al.

9:00 24CV447115 American Express Order on Plaintiff’s Motion for 4 National Bank Summary Judgment, or in the v. alternative for Summary Timmy Tri, et al. Adjudication, in favor of Plaintiff and against Defendant

See Line 4 below for complete tentative ruling.

After the hearing, the Court will prepare and file the formal Order on this Motion.

Moreover, after the hearing, the Court will sign the [Proposed] Judgment that was prepared and filed by Plaintiff with this Motion.

SO ORDERED.

Line 4 Case Name: American Express National Bank v. Timmy Tri, et al.

Case No.: 24CV447115 Plaintiff American Express National Bank (“Plaintiff”) moves under Section 437c of the Code of Civil Procedure for summary judgment in favor of Plaintiff and against Defendant Timmy Tri (“Defendant”) on the grounds that Defendant has no defense to the Complaint filed by Plaintiff. Notice of Motion (the “Motion”) at 1:23-2:1 (filed: Dec. 18, 2025). In the alternative, Plaintiff moves for Summary Adjudication in favor of Plaintiff and against Defendant on the First Cause of Action for Breach of Contract as evidenced by the Cardmember Agreement and billing statements kept by Plaintiff that constitute the principal record of transactions between Plaintiff and Defendant relative to Defendant’s credit card account. Id. at 2:7-10.

The Motion came on for hearing on August 26, 2026, at 9:00 AM in Department 16. After reviewing all the papers and the record, including all the evidence and separate statements and authorities submitted by each party, and giving counsel for all parties the full and fair opportunity to be heard, the Court finds and rules as follows.

The evidence is undisputed that:

• a binding contract exists between these parties evidenced by the issuance of a credit card account by Plaintiff to Defendant,

• Defendant used this credit card to purchase items, and

• Defendant breached this contract by failing to pay Plaintiff for amounts that Defendant charged on this credit card.

Specifically, the following facts and evidence submitted by Plaintiff are undisputed:

1. Defendant applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 3003 (the “Account”). Pl. Declaration in Support of Motion (“Pl. Decl.”) at ¶¶ 7, 9 & Ex. A thereto.

2. Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when the Defendant applied for, received or used the credit card account. In addition, the Cardmember Agreement provides that use

of the card constitutes acceptance of the agreement. Pl. Decl. at ¶ 4, 7 & Exs. A, B, and C.

3. After receiving the credit card, Defendant made purchases using the credit card; the principal balance of $7,834.88 results and exists now from Defendant’s use of this account. Pl. Decl. at ¶¶11, 15 & Ex. A, B, C, and D.

4. Defendant defaulted by not making payments due under the terms of the Cardmember Agreement; so Plaintiff accelerated the account balance so that the entire unpaid balance because immediately due and payable. Pl. Decl. at P¶15 & Ex. A, B, and C.

5. Defendant owes Plaintiff the principal sum of $7,834,88, plus court costs in the amount of $797.61, for a total amount owed to Plaintiff now of $8,632.49. Pl. Decl. at ¶ 15 & Ex. B and C.

Defendant has submitted no evidence whatever disputing any of those facts.

Defendant does not even argue otherwise.

Indeed, Defendant has not opposed the Motion at all, which the Court views as Defendant conceding the Motion in its entirety. D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 728, fn. 4.; California Practice Guide: Civil Procedure Before Trial ¶ 9:105.10, Ch. 9 at pp. 94-95 (failure to file opposition papers to motion is treated “as an admission that the motion is meritorious”) (Weil & Brown, The Rutter Group, 2025 Ed.); see also Rule of Court 8.54(c): “A failure to oppose a motion may be deemed a consent to the granting of the motion.” CRC Rule 8.54(c).

Accordingly, the Plaintiff’s Motion for Summary Judgment in favor of Plaintiff and against Defendant is GRANTED in its entirety. Specifically, the Court ORDERS that Plaintiff American Express National shall recover now from Defendant Timmy Tri the principal sum of $7,834.88, plus court costs in the amount of $797.61, for a total judgment in the sum of $8,632.49.2

SO ORDERED.

Date: August 26, 2026

Vincent I. Parrett Judge of the Superior Court of California, County of Santa Clara

2 Today the Court will also sign, date, and file the separate [proposed] “Judgment

Pursuant to Motion for Summary Judgment” that was filed by Plaintiff with this Motion.

25