Preview
Supreme Court of Pennsylvania
Court of Common Pleas m thanmw Use Only
Cu ll Cover Sheet
Delaware county
Ilia Information collected on {Ins form rs used $01611 In!camr udmmtsrrcmon pmposm 1111s jorm (Inc 3
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51/ I )1: ment or w Ila“ the rum: and 58:11:27: u] mailings 01 other m ms (1.5 n; zmed In lav» m mics 4)] mm!
S Commencement of Action
12} Compiaim {:1 Wm 0f faummons II! Petition
E a Transfer from Another Jurisdiction U Declaration of Iakmg
C I Lad Pl limit!
5 1\ 11m: \\ dis 1mg) 13 inkI\ «\ l a 1d 0mm! ml 5 N um I ihya 1\111mm»
T
I 9 Dollar Amount Requested within arbitration limits
0 Al 13 money damages requested yes [I No (Check one) CI outside arbitration limits
N Is this a Class Action Suit? D Yes V0 Is this an MDJ Appeal? [:1 Yes [33 1‘40
Name anIaintift’Appellant s Attorney lunothy A IE innsESQ Id No 326340: Orlans PC
A D ( [N.le hm if you haw. n0 uttorne§ (am a Self Rm: estntul {Pm So] I itigant)
Natal e of the Case Place an ‘X ‘ to the left at the ONE case calcgory that most accurately describes your
PRIMARY CAbE If you are making more than one type of claim check the one that
you consider most important
TOR 1‘ (do not Include Mass Tort) CONT RAG I‘ (do not WK 1m]? Judgment“ ( IV”; APPEALS
E] Intentiom} a Buyer Plaintiff Administrative Agencies
[:1 Mansions Prosecutlon 121 Debt CollectionCredit ( ard [3 Board of Assessmcnt
[3 Motor VLhiklt‘J Cl Debt Collection Other [3 Board of Elections
[I Nuisance D Dept 01 Transportation
[I Premises Liability D Statutory Appeal Other
[3 ProduLt Liability(does not
S Include ma :5 10H) D Employment Dispute
E El Slander Libel Datamation Discrimination
C! Other El Employment Dispute Other CI Zoning Board
C C] Other
T
I MASS TORT a 0“”
0 CI Asbestos
N [3 Tobacco
E} fox“: Tort DES
CI Toxic Tort Impianl REAL PROPLRI Y hflSCELLANEOUS
E TOXIC Waste El Ejectment D Comm LaWIStatutory Arbitration
B D Other I] Eminent Donmme‘ondemnation E] Decimatory Judgment
El Ground Rent C] Mandamus
E] LandlordaTeuant Dispute El N011 Domestic Relations
D Mortgage Foreclosure Residential Restraining Order
PROFESSIONAL LIABILITY [3 Mortgage 1'oreclosure Communal E] Que W arranto
Cl D D Partmon [Z] Replevm
entail
{3 Qmet Tltle D Other
Cl Lagai C1 0th
a Medical er
[3 Other Professional
Pa R.C P 205 9 Lpd‘ated 01/01/2011
01121115 PC
Iimothy A Cirino, Esquire Attorney 1D 326 340
Stratiord Office Buildings buite 120
200 bugle Road
Wayne PA I 9087 ATTORNE') FOR PLAINTIFF
p (248) 50" 1381
teirinogd‘orlam com
Wells Fargo B 111k NA
420 Montgomery Street C OURT OF LOMMON PI EAS
San Francisco CA 94104
P] lintlfi C. IV”. DIVISION
\
NO
I Hiya Ivanenko
16 Walnut Road DEL AWARE COLIN] Y
Wallingfbld PA 19086
Defendant
NOTICE
3: cu haw been sued in Court If you “15h to defend against the claims set forth in the
£0110“; ing pages you must take action within twenty (20) days after this mlnplaint and notice are
sen ed by entering a written appearance personally or by attomey and filing in writing With the
L mm your defenses or objeetions to the claims set forth against you You are xx awed that ii you
Iail to do so the case may proceed without you and ajudgment may be entered against you by the
Coufi without further notlce for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff You may lose money or property 01 other rights important to you
YOU SHOULD TAKE THIS PAPER TO YOUR LAWX ER AT ONCE IF YOU DO
NOT HAVE. A LAWYER (10 TO OR FbLEPHONE THE OFFICE, SE1 PORIH BELOW
IBIS OHIO; LAN PROVIDE YOU WI PH INIAORMAI ION ABOUI HIRING A LAWYER
IF YO! ' CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A RFDUCED FEF OR NO FFE
Lawyer’s Reference Service
Front & Lemon Streets
Media, Pennsylx ania 1906 a
(610) 566 6625
Orlans PC
Timothy A Chino hsquime Anttornea ID 376340 A l IORNI Y EOR PL MN III F
Striffoxd Office Buildmgs Suite 120
200 Efiglc R0 ad
Wayne PA 1.9087
13 (248) 502 I381
tci1i110(d‘oxlans L011}
Wells, Fargc Bank NA
420 Montgomery Street C OUR! 0} C( )MMUN PI I AS
San FfflllbiSCO CA 94104
Plaintiff LIVIL DIVISION
V
NO
L11i321 Ix anenko
16 Wainut Road DEL AWARE €01.1le
Wallin 10rd PA 19086
Detendmt
( 0MP] UNI (1H! H 1 [Oh
1 Plaintiff Welis Falgo Bank NA is a national association 01ganized and existing undu
the laws of the United States of Ameriua with anadd1eas uf420 Montgomery Street San
Manchu) CA 94104
2 Th; Defendant I Hiya Ivancnko i9 an individual who rosidgs at 16 Walnut Road
Wallingfmd PA 19086
3 Venue 1s proper in Delaware County pursuant to Pa R C P 1006(a)(1) since Defendant
can be sen ed in Delaware County
4 On Octobel 5, 2017 Liliya Ix anemia entered into a Consume: Credit Card Customer
Ag1eemunl(here1natter Agreement )w1th Plaintiff A true and couemt copy of file
current Agreement is attached h61€t0 made part hereot and marde as Exhibit “A”
5 The Agreement proxides among other things that in consideration for the loan and
ad‘» anccment of monies Defendant shall make certain payments as more particularly set
iorth in the Agreement
6 Tbs Agreement is in default because Defendant failed to pay the minimum payment
amount due each month
Orlans #900890 Ivanenko 2082
7 0n Maruh 32 2022 Plaintifi mailed a notice 01 auceleration t0 Defendant a true and
correct copy of Which is mashed hereto, made part hereof and marked as Exhibit 13‘
8 Desp1te demand 101 payment Defendant has not paid the mania due to Plaimilf under
the Agrcumm
9 1h; outstanding baianu due and owing undw t1“. Agrcummt is $6 225 0‘) A true and
correct aopy 01 the borrower 5 monthly statement which has been redacted to protect
pr?» ate account informauon reflects the balance due and is attached hereto made part
hereof and marked as Exhibit C
WHEREFORE Plaintiff dunands iudgment against the Defendant in the sum of
$6 225 99 plus reasonable attorney tee.» and costs as. \\ ell
as sum further reliei to which
Plaintiff may be LfltifiCd under thz law
By "
Tm“)
" Cm Esquire
Attorney ior I’laintifl
Orlans #900890 lvmenlso 2082
EXHIBIT A
WELLS
FARGO
Consumer Credit Card Customer
Agreement 8: Disclosure Statement
Visa®
TABLE 3? CONTENTS
Your Contract With Us S n r 1 Page 1
Using Your Account 56mm: 4 3651?;3
Changes To This Agreement Section 10 Page 6
Fees And Interest gamer: 11 Page 6
Billing Statements And Section 19 Page 9
kyments
Other Important Information Sgtfipn 21 Page 11
Arbitration xtlon 31 Page 5.2
Your Billing Rights Section 32 Page 14
Aware Duty Mliitary Egactierz
33 Page 5.5
Servicemembers and Their
Dependents
Interpreter Certification Section 34 F 7% 15
Notice To California Cardhoiders
To our Catifornia customers who have discussed credit
card terms and conditions with us in Spanish Chinese
Korean Vietnamese or Tagalog
Read Section 34 about interpreter certification
before you confirm your credit can!
Lea ta Seccion 34 sabre certificacién de
interprete antes de confirmar su tarjeta de
credito
§§¢§Efi§§fi§§~§2fiflfi§$ 34 ESE? rfififig’ééfi.‘
416M H&Hl‘ a warm! f10|i%%w91€0i1 {41;} 24:3: 94
2M?! Hrat- a
Hay dqc Phan 34 ve chu’ng nhan théng dich vien tru’dc
khl cw)? v!xéc nhan thé tin dung cua mlnh
Basahin ang Seksyon 34 tungkol sa sertipikasyon ng
interpreter bago mo kumpirmahin ang iyong credit
card
Your Contract With Us
(1) Agreement This contract for your credit
card account ( Account ) includes the Credit Card
Agreement{ Agreement ), the Important Terms cf
Your Credit Card Account and future amendments to
this Agreement This Agreement is a contract between
Waits Fargo Bank, N A and each Account holder You
and any joint Account holder accept the terms of this
Agreement by using or confirming your Account Please
read this Agreement carefully and keep it for your
records
Page 1
(2) Definitions
A rate shown as a percentage,
Annual used to calcu|ate interest on the
Percentage Rate balance on your Account
(APR)
The time period between
biSIing statements Each billing
2mm: (23:)? statement shows a statement
dosing date which is the last day
of the Billing CycIe
The transfer of a balance from
Balance Transfer another credit account to your
Account inciuding the use of
a check that accesses your
Account
Any cards we issue to you or any
devices we altow you to use to
access credit on your Account
Use of your Card to get cash
Examples inciude using your card
Gas“ Advance for Cash Advances through an
ATM bank teller or Wells Fargo
OnIIne Overdraft Protection
advances, Balance Transfers,
or cash like purchases such as
money orders, wire transfers,
traveler checks foreign currency
lottery tlckets, casino chips,off
track wagers, other wagers
vouchers redeemabte for cash or
similar items
A device other than your Card,
Credit Iike SUPERCHECKS and mobile
Access Device devices that we ailow you to use
to access credlt on your Account
A summary of your Account 5
Important Terms APRs fees and other important
of Your Credit lnformatlon
Card Account
The total amount you owe as of a
New Balance statement closing date
The sum of ah unpaid amounts,
including Purchases, Cash
33:51::de Advances, Balance Transfers
interest fees and any other
amounts that you may owe us
The date the Minimum Payment
is due It wit! be at least 25 days
32:? ant Due from the statement closing date
and Wm be provided on your
billing statement
Use of your Account to buy or
lease goods or services Cash
Advances, Balance Transfers and
cash llke transactions are not
Purchases Tax payments and
associated fees are Purchases
This is the amount that is
Wells Fargo Bank N A
We, Us, and Our
The Account holder(s) who
You and Your opened the Account
Page 2
(3) Contacting You You agree that we have your
consent to contact you at any phone number email
address or mailing address you provide for any Wells
Fargo account or at any number that you call us from
or at any number that we obtain by other means If
you provlded a phone number you agree that you
own or are authorized to provide that number, and
you understand that you shat! lndemnify us for any
costs and expenses, Includlng reasonable attorneys
fees incurred as a result of us attempting to contact
you at the number(s) Your consent allows us and
any companies working on our behaff to service your
account, to use any means to contact you including
automated dialing devices, prerecorded/artificial
voice messages, man, e mail, text messages, push
notifications and calls to your ceil
phone or any
other data or voice transmission technology You
are responsibie for any service provider charges you
may incur as a result of us contacting you by any
means, whether such charges are related to text, data,
equipment or other plans You Wm promptty notify
us if you change any contact information, including
your name mailing address, e mail addresses or
phone numbers If you have a joint Account, a notice
to one of you Wm serve as a notice to both of you We
may use voice recognition technology to verify your
identity when you calf We may capture and store your
voiceprint for this purpose We may monitor and record
any calls between you and us
Using Your Acoount
(4) Using Your Account You may use your consumer
credit card Account for Purchases, Balance Transfers,
Cash Advances and any other transactions we aiiow
You promise to use your Account onky for lawful
personal, famlly or household purposes We reserve
the right to deny transactions or authorizations from
merchants who may be engaging in the internet
gambling business We are not responsible for anyone
who refuses to accept your Card or any other Credit
Access Device We may decline any transaction at
any téme Your credlt card may not be used to make a
payment on any other Wells Fargo credit account
Cash Advances from ATMs Cash Advances from
ATMs may be limitedby amount or frequency The ATM
owner may have addEUona! restrictions If the ATM
owner charges any fee that fee willbe included as part
of the total Cash Advance amount
Cash Advances for Overdraft Protection You may
elect to have an automatic Cash Advance from your
Account to cover an overdraft on a linked Welis Fargo
checking account To cover an overdraft on a linked
Wells Fargo checking account we win advance the
greater of
. the amount of your overdraft or
$25 00
Except if
0 the amount of avaiiable credit on your Card is
less than the amount of the overdraft or less
than $"5 00 we will then advance the amount of
available credit
The APR and fees that apply to overdraft protection
advances are listedin the Important Terms of Your
Credit Card Account Overdraft protectlon advances
interest and fees may cause your Account balance
Page 3
to exceed your credit I mit If there is more than one
person listed on the checking account (such as a joint
checking account) that you have linked for overdraft
protection, then
a You will be responsible for alt overdraft protection
advances regardless of which peraon writes the
check or engages In any other transaction (such as
a deblt card purchase) that causes the overdraft,
and
. You agree to allow us to disclose to any other
person on your checking account, that this Card
is linked to your checking account for overdraft
protection
We reserve the right to cancel, suspend, or change
your overdraft protection service at any time, for any
reason
Credit Access Devices SUPERCHECKS can be used
to access your Account similar to writing a check on a
deposit account SUPERCHECKS checks will post as a
Balance Transfer only when they are included with a
Balance Transfer offer If a SUPERCHECKS check is not
included with a Balance Transfer offer It will post as a
Cash Advance They wilt include transaction fees and
interest
Some restrictions apply to SUPERCHECKS
v They may not be written as payment on any Wells
Fargo account
o They may be used only by the person whose name
is printecf on the check
. They must be written in U S dollars
- They cannot be certified
~ You cannot file a ciaim against the bank when you
have a dispute with a merchant about payment
for property or services that you paid for using a
SUPERCHECKS check
- We reserve the right to put conditions on the use
of SUPERCHECKS checks and to reject decline and
return unpaid any SUPERCHECKS check or advance
at our discretion:
Third Party] Monika Devices You or an authorized
user may be permitted to load your credit card to
an app on a smart phone, tablet or other electronic
device, such as,through a mobile wallet which could
be used for purchases or other transactions without
presenting the card Any such Transactions are covered
by this Agreement We have no control over the device
and cannot guarantee the performance of the device
Additionally
- You should protect the security of the device
the same as your credit card or other valuable
information
I There may be third party fees related to the
transaction such as mobile carrier data or
messaging charges
it We may at any time, partially or fully restrict
your
abiilty to make credit transactions through a third
garty/mobile device You agree to notify us promptéy
if youremove or want to remove your Account
information from any third party/mobile device
(5) Authorized Users If you wish to have an
additional Card issued in another person 5 name,
please contact us and we will send you a Card with the
Page 4
name of the authorized person embossed on the front
of the Card You are responslble for payment of the
entire amount owed to us including any Purchases
Balance Transfers or Cash Advances (and ail related
interest and fees) made by the authorized person
Ending Authorlzed User Privileges If you want to
end an authorized users privilege to use your Account,
you must
- Recover and destroy that person 5 Card If you do
not you wlllcontinue to be liable for any charges
made, even if you've advised us of your wish to
cancel the prleleges unless you tell us to cancel all
Cards and establish a new Account for you
- You must notify us of your request by contacting
us at the number on the back of your Card or by
mail at Wells Fargo Bank N A PO Box 10347 Des
Moines IA 50306 0347
In general an authorized person is not obligated on
thls Account and Isnot liable for any Outstanding
Baiance or any other charges made by you or by any
other authorized person In the event of the death of
all fully
liable cardholders, authorized users privilege
ends automatically After that,lf any person uses
the Card such use Indicates his or her agreement
to pay us and we may at our discretion pursue the
person for payment of any Outstandlng Balance or
any other charges they authorize You agree to notify
each authorized person that they are subject to all
applicable sectlons of this Agreement
Information about Authorized Users You agree
to give us certain personal Information about each
authorized user You must have permlsslon from each
authorized user allowing you to glve us that personal
information Thls may include name, address, social
security number date of birth and citizenship
(6) Lost or Stolen Cards and Liability for
Unauthorized Use, and Zero Liability Protection
You must notify us immediater If your Card or
account information §s lost or stolen or if you believe
its being used without your permission You may
contact us by phone at 800 642 4720 or in writing
at WelEs Fargo Bank N A PO Box 10347 Des
Moines, IA 50306 0347 You agree to assist us in our
investigation of the matter If you do this and we find
you not responsible you wllinot be held liable for the
unauthorized use of your Account
(7) Promise to Pay When you use your Account or
let someone else use it, you promise to pay the tote:
amount of the Purchases, Cash Advances, and Balance
Transfers, plus allInterest,fees and other amounts that
you may owe us We may Eimit or close your Account
but the terms of this Agreement will apply until you
pay the Account in full
(8) Credit Limit We may assign the foilowing limits
to your Account
Cash Advance Limit We may restrict the amount of
your credit limit that canbe used for Cash Advances
Your total credit limit will be provided with your Credit
Card and shows on each of your billing statements
You promlse to use your Account only to the Eimltg If
you exceed your total credit limit,we may allow the
transaction without Increaslng your total credlt limit
or deny the transaction If we allow the transaction,
Page 5
we may treat that over llmlt amount as due with the
mlnimum payment on your next statement If you
exceed the limits you will still remain
liable for all
credit you recelve We can adjust your credit limit at
any time including automatic credit line increases for
those who qualify
(9) Authorizations We don t guarantee approval of
transactions We reserve the right to deny transactions
for any reason, such as account default, suspected
fraudulent or unlawful activity,Internet gambling
or any indication of increased risk related to the
transaction If you engage in abuse, mlsuse or gamlng
in connection with earning or using points or attempt
to do 50; we may close or restrict your Wells Fargo
credit card(s) Abuse, misuse or gaming includes,
but is not limited to.making multiple purchases and
multiple payments during a blillng cche whereby the
dollar amount for each purchase in the aggregate
substantially exceeds your credlt llmlt We also may
limit the number of authorlzations we allow during a
period of time
Transactlons at some merchants (such as hotels car
rental companies, rez'slzalurantgr and gas statlons) may
result in temporary authorizations for amounts greater
than the actual Purchase amount This wlllmake less
credit available on your Account for several days,
usually until the date the actual Purchase amount is
received from the merchant
If you give your credit card information to a merchant
to bill your account for recurring payments, or to
keep It on file for future purchases or payments, and
your card number, expiration date or security code
changes you should notify the merchant with your new
card Information Some card networks provide update
services and receive updated card information from
Wells Fargo Merchants that participate in such services
willreceive updated card information from the network
for credit cards that you have provided to the merchant
for recurring or future purchases or payments We
cannot tell you whlch merchant will receive updated
card infmmation when your card informatlon changes
You should always provide each merchant with your
new card information because some merchants do not
subscribe to such network services
Changes To This Agreement
(10) Change in Terms We may change this
Agreement at any time These changes may apply to
exlstlng and future balances We win give you advance
written notice of the changes and a right to reject the
changes if required by law We may require you to
close your Account or take other actions if you reject
the changes
Fees And Interest
(11) Fees The following fees may apply to your
account If they do apply you will find the amount in
the Important Terms of Your Credit Card Account You
agree to pay any fees that apply
0 Annual Fee If your account has an annual fee it will
be charged each year your account is open The
Page 6
annual fee will not be billedafter your Account is
closed
. Balance Transfer Fee This fee may be charged on a
Balance Transfer transaction
. Cash Advance Fee This fee may be charged on a
Cash Advance from your Amount
- Overdraft Protection Advance Fee This fee may be
charged when an overdraft amount is advanced
to the checking account linked to your Credit Card
Account by you
0 Foreign Currency Conversion Fee If you make a
transaction In a foreign currency Visa will convert
it intoa U 5 dollar amount A foreign currency
conversion fee may be charged when this is done
v Late Fee This fee may be charged each time we do
not receive the required Minimum Payment due by
the Payment Due Date
. Returned Check or Returned Payment Fee This fee
may be charged when a payment is not processed
the first time or is returned unpaid
- Rush Plastic Fee This fee may be charged if you
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AMERICAN EXPRESS NATIONAL BANK vs DREYER
Jul 25, 2024 |
CVRI2305315
MOTION FOR SUMMARY JUDGMENT
AMERICAN EXPRESS ON COMPLAINT FOR OTHER
CVRI2305315 NATIONAL BANK VS COLLECTIONS (OVER $25,000) OF
DREYER AMERICAN EXPRESS NATIONAL
BANK
Tentative Ruling:
The Court grants Plaintiff’s motion for summary judgment. Judgment is entered in favor of Plaintiff
and against Defendant for the principal amount of $38,882.09. However, any amount for costs
shall be submitted through a Memorandum of Costs, not by this motion.
***
This hearing was continued from June 21, 2024, to allow Plaintiff to file an opposition. As of July
22, 2024, no opposition has been filed, and thus, the Court shall consider this motion for summary
judgment as unopposed.
I. FACTUAL/PROCEDURAL CONTEXT
This is a collections case. Plaintiff American Express National Bank (“Plaintiff” or “Amex”)
issued two credit cards to Defendant Kris Dreyer (“Defendant”) in March 2020 (“Account 1”) and
September 2018 (“Account 2”). Under the terms of each Cardmember Agreement (“Agreement”),
Defendant was to make monthly payments. However, Defendant allegedly defaulted on both
accounts. Plaintiff alleges that Defendant owes a balance of $2,201.30 for Account 1 and
$36,680.30 for Account 2, for a total of $38,882.09.
On October 5, 2023, Plaintiff filed it Complaint, asserting three causes of action for
Common Counts based on open book accounts and accounts stated.
Plaintiff now moves for summary judgment. Plaintiff argues that an account was stated
based on the monthly billing statements showing all charges and payments. Plaintiff argues that
Defendant accepted the terms of the Agreements by using the card and making partial payment.
Plaintiff argues that an electronic book account exists.
Defendant has not filed an opposition.
II. EVIDENCE SUPPORTING MOTION
The Court has reviewed the Declaration of Melanie Dixon, Assistant Custodian of Records
for Plaintiff (Part 1 and 2), authenticates Cardmember Agreements and billing statements.
III. LEGAL ANALYSIS
Any party may move for summary judgment in any action or proceeding if it is contended
that the action has no merit or that there is no defense to the action or proceeding. (Cal Code Civ
Proc § 437c(a).) “A defendant's motion for summary judgment should be granted if no triable
issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law.”
(Kahn v. Eas bt Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002-1003.) “The moving
party bears the burden of production to make a prima facie showing of the nonexistence of any
triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) Once
this burden has been met, the burden shifts to the opposing party to make a prima facie showing
of the existence of a triable issue of material fact. (Ibid.) Plaintiff does not move for summary
adjudication. Therefore, any disputed fact as to any cause of action is grounds to deny summary
judgment.
Common Counts:
The essential elements of a common count are: (1) a statement of indebtedness in a
certain sum (2) consideration, and (3) nonpayment. (Farmers Ins. Exchange v. Zerin (1997) 53
Cal.App.4th 445, 460.) An open book account is “a detailed statement which constitutes the
principal record of one or more transactions between a debtor and a creditor arising out of a
contract or some fiduciary relation, and shows the debits and credits in connection therewith, and
against whom and in favor of whom entries are made, is entered in the regular course of business
as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and
manner….” (Code Civ. Proc., § 337a.) A book account can be established by a course of dealing
between the parties. (Warda v. Schmidt (1956) 146 Cal.App.2d 234, 237.) “A book account may
furnish the basis for an action on a common count . . . when it contains a statement of the debits
and credits of the transactions involved completely enough to supply evidence from which it can
be reasonably determined what amount is due to the claimant.” (Interstate Group Administrators,
Inc. v. Cravens, Dargan & Co. (1985) 174 Cal.App.3d 700, 708.)
“An account stated is an agreement, based on the prior transactions between the parties,
that the items of the account are true and that the balance struck is due and owing from one party
to another” Gleason v. Klamer (1980) 103 Cal.App.3d 782, 786.) The essential elements of an
account stated are: (1) previous transactions between the parties establishing the relationship of
debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due
from the debtor to the creditor; (3) a promise by the debtor, express or implied, to pay the amount
due.” (Zinn v. Fred R. Bright Co. (1969) 271 Cal.App.2d 597, 600.) “The key element in every
context is agreement on the final balance due.” (Maggio, Inc. v. Neal (1987) 196 Cal.App.3d 745,
753.)
It is undisputed that in March 2020, Defendant opened a credit card account, which was
governed by a Cardmember Agreement, which was sent to Defendant. (UMF No. 1; Dixon Dec.
1, Ex. A.) Defendant used Account 1 to obtain credit and pay for goods and services. (UMF No.
5.) Under the terms of the Agreement, Defendant was required to make monthly payments. (UMF
No. 6.) Amex maintained billing records reflecting the charges and payments. (UMF No. 8; Dixon
Dec. 1., Ex. C.) Defendant made partial payments and did not dispute any of the charges. (UMF
No. 10.) According to the final billing statement, the last payment posted on Account 1 was April
10, 2023. (Dixon Dec. 1, ¶ 13; Ex. B.) The balance due on Account 1 is $2,201.79. (UMF No. 11.)
Account 2 was opened in September 2018, which was also governed by a Cardmember
Agreement. (UMF No. 12, 13; Dixon Dec. 2; Ex. A.) Defendant used Account 2 to obtain credit
and pay for goods and services. (UMF No. 16.) Under the terms of the Agreement, Defendant
was required to make monthly payment. (UMF No. 17.) Amex provided Defendant with monthly
billing statements. (UMF No. 19; Dixon Dec. 2; Ex. C.) The records reflect that the last payment
posted on April 8, 2023. (Dixon Dec. 2; ¶ 13; Ex. B.) The balance on Account 2 is $36,680.30.
(UMF No. 22.)
Based on this evidence, the Court finds that Plaintiff has established two accounts
stated/book accounts with a total balance of $38,882,09. Plaintiff has satisfied its initial burden of
showing no triable issues. Defendant has not opposed this Motion; and therefore, has not raised
any triable issues. Summary judgment is therefore granted.
However, Plaintiff also seeks costs. Costs are to be submitted through a Memorandum
of Costs to the Clerk of the Court, not the Court itself.
Ruling
Capital One, N.A. vs. Bavetta
Jul 28, 2024 |
22CVG-00979
CAPITAL ONE, N.A. VS. BAVETTA
Case Number: 22CVG-00979
Tentative Ruling on Motion to Vacate Dismissal and Enter Judgment Per CCP § 664.6: Plaintiff Capital
One, N.A. seeks to vacate the dismissal entered on March 2, 2023 and enforcement of the Settlement Agreement
filed on March 1, 2023. Although the Motion was timely noticed, Defendant Amberly Bavetta did not file an
Opposition.
Request for Judicial Notice. Plaintiff requests the Court take judicial notice of the Stipulation Agreement filed
with the Court on March 1, 2023. This request is granted pursuant to Evid. Code §§ 452(d) and 453.
Merits. CCP § 664.6 provides the Court with authority, upon motion, to enter judgment pursuant to the terms of
a settlement agreement entered into in writing, or orally before the Court. If requested by the parties, the Court
also retains jurisdiction over the parties to enforce the settlement until performance in full of the terms of the
settlement. Id.
The parties entered into a stipulation on February 14, 2023. The terms of the agreement are straightforward and
set forth that Defendant is to pay Plaintiff the sum of $7,961.70 in monthly installments of $443 from February
20, 2023 to June 20, 2024 with a final payment of $430.70 due by July 20, 2024; that failure to make timely
payments will result in Defendant’s default; and that in the event of a default, Plaintiff may obtain judgment
pursuant to CCP § 664.6 for $7,961.70 plus court costs pursuant to a Memorandum of Costs, less any payments
made to date, and may execute judgment immediately. The agreement also includes a CCP § 1542 (general
release) waiver. The agreement does not provide for attorney’s fees.
The declaration of attorney Brian Langedyk establishes that Defendant has paid $3,494.70 towards the agreed
settlement amount and has failed to make a payment since March 25, 2024. Plaintiff has presented sufficient
evidence that Defendant is in default of the Stipulation Agreement. Plaintiff filed a Memorandum of Costs that
provides for costs in the amount of $598.50.
The motion is GRANTED. The Court having retained jurisdiction pursuant to CCP § 664.6, the dismissal is set
aside. Judgment will be entered in the amount of $4,012.00 ($7,961.70 principal minus $3,494.70 in payments
made) plus $598.50 in costs for a total of $4,610.50. Plaintiff provided a proposed Order and proposed Judgment
that will be executed by the Court.
Ruling
BANK OF AMERICA, N.A. vs. MELISSA LYNN PLUMMER
Jul 24, 2024 |
24CV13523
Parties, or counsel if represented, are ordered to appear personally or remotely to discuss the status of the case and to set trial dates in Dept. 2. You must notify the court and all other parties that you intend to appear remotely using form RA-010. In addition to providing notice, a Zoom link must be requested no later than one (1) court day before the hearing and shall be submitted to the Court through the Court’s website at https://www.amadorcourt.org/gi-zoomRequestForm.aspx.
Ruling
MIDLAND CREDIT MANAGEMENT, INC. vs. JAY SORENSEN
Jul 24, 2024 |
24CV13522
No appearances necessary. This is a collections case, as defined in Rule 3.740 of the California Rules of Court, filed January 12, 2024. A proof of service is filed. Plaintiff must obtain default judgment within 360 days of filing the complaint. (Cal. Rules of Court, Rule 3.740(f).) This matter is continued for further CMC to November 6, 2024 at 1:30 p.m. in Dept 3.
Ruling
PMIG FINANCIAL, LLC VS. CHRISTINA RANGEL ET AL
Jul 23, 2024 |
CGC17559532
Matter on the Law & Motion calendar for Tuesday, July 23, 2024, Line 1. PLAINTIFF PMIG FINANCIAL, LLC's HEARING ON CLAIM OF EXEMPTION. Continued to August 6, 2024 on the court's motion. =(302/CK)
Ruling
BANK OF AMERICA N.A. vs BERNAL
Jul 28, 2024 |
CVSW2401671
BANK OF AMERICA N.A. VS MOTION FOR ORDER TO DEEM RFA’S
CVSW2401671
BERNAL ADMITTED BY BANK OF AMERICA N.A.
Tentative Ruling: Motion is unopposed. Motion is GRANTED. Requests for Admission
propounded on April 12, 2024 are deemed admitted. Court to sign proposed order.
Ruling
Portfolio Recovery Associates, LLC vs. Combest
Jul 24, 2024 |
23CVG-01320
PORTFOLIO RECOVERY ASSOCIATES, LLC VS. COMBEST
Case Number: 23CVG-01320
Tentative Ruling on Motion for Judgment on the Pleadings: The present motion is unopposed.
This collection case was filed on December 18, 2023. Plaintiff is a debt buyer and sole assignee
of an agreement entered into by Defendant on a credit card account with Plaintiff’s predecessor
Synchrony Bank. The Complaint alleged causes of action for Account Stated and Open Book
Account, with a prayer for $2,523.69 against Defendant Jennifer Combest. Defendant filed her
Answer on January 26, 2024. On April 11, 2024, Plaintiff filed a motion to deem matters admitted.
Defendant did not oppose the motion to deem matters admitted, and the Court granted the motion
on May 13, 2024.
Meet and Confer: “The moving party shall file and serve with the motion for judgment on the
pleadings a declaration stating” the attempts made to meet and confer. CCP § 439(a)(3). The
Declaration of Gregory Parks provides sufficient evidence of Plaintiff’s meet and confer efforts.
Request for Judicial Notice: The Court GRANTS Plaintiff’s request for judicial notice of the
Court’s May 13, 2024 Order that Matters in Request for Admission be Admitted, pursuant to Evid.
Code § 452(d) and 453.
Merits of Motion: CCP § 438(c)(1)(A) provides a plaintiff may move for judgment on the
pleadings if the complaint states sufficient facts to constitute a cause of action and the answer does
not state facts sufficient to constitute a defense to the complaint. The grounds for the motion shall
appear on the face of the challenged pleading or from any other matter of which the court may take
judicial notice. CCP § 438(d). The Court may take judicial notice of responses to discovery
records pursuant to Evidence Code §§ 452(d) and 453. Arce v. Kaiser Foundation Health Plan,
Inc. (2010) 181 Cal.App.4th 471, 485.
The essential elements of an account stated are: (1) previous transactions between the parties
establishing the relationship of debtor and creditor; (2) an agreement between the parties, express
or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express
or implied, to pay the amount due. Leighton v. Forster (2017) 8 Cal. App. 5th 467, 491. “A ‘book
account’ is ‘a detailed statement which constitutes the principal record of one or more transactions
between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the
debits and credits in connection therewith ....’ ” [Citations.] The creditor must keep these records
in the regular course of its business and “in a reasonably permanent form,” such as a book or card
file. (Code Civ. Proc., § 337a.) “A book account is ‘open’ where a balance remains due on the
account.” [Citation.] Pro. Collection Consultants v. Lujan (2018) 23 Cal. App. 5th 685, 690–91.
This Court’s Order, entered May 13, 2024, deemed admitted Plaintiff’s requested admissions 1-9.
The admissions establish that: 1) Defendant had a credit account ending in 8363, 2) the credit
account was issued by Synchrony Bank, 3) Defendant received periodic statements regarding the
account, 4) as of December 18, 2023, the balance owed on the account was $2,523.69, 5)
Defendant has not made any payments on the account since December 18, 2023, 6) Defendant
submitted a payment toward the outstanding debt on the account within 4 years immediately prior
to December 18, 2023, 7) Plaintiff was assigned the debt, 8) Plaintiff is the current owner of the
debt, and 9) Defendant received through the US mail a pre-legal notification from Plaintiff
regarding the account.
Defendant’s admissions establish the required elements of each cause of action. Plaintiff’s Motion
for Judgment on the pleadings is GRANTED. The admissions establish that a principal sum of
$2,523.69 is due and owing. That sum is awarded. Plaintiffs have also submitted a memorandum
of costs for $369.50, comprising the filing and service of this motion. The amount appears
reasonable and is awarded. A proposed order and judgment have been lodged with the Court and
will be executed.
Preview
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DIVISION \ NO I Hiya Ivanenko 16 Walnut Road DEL AWARE COLIN] Y Wallingfbld PA 19086 Defendant NOTICE 3: cu haw been sued in Court If you “15h to defend against the claims set forth in the £0110“; ing pages you must take action within twenty (20) days after this mlnplaint and notice are sen ed by entering a written appearance personally or by attomey and filing in writing With the L mm your defenses or objeetions to the claims set forth against you You are xx awed that ii you Iail to do so the case may proceed without you and ajudgment may be entered against you by the Coufi without further notlce for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money or property 01 other rights important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWX ER AT ONCE IF YOU DO NOT HAVE. A LAWYER (10 TO OR FbLEPHONE THE OFFICE, SE1 PORIH BELOW IBIS OHIO; LAN PROVIDE YOU WI PH INIAORMAI ION ABOUI HIRING A LAWYER IF YO! ' CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RFDUCED FEF OR NO FFE Lawyer’s Reference Service Front & Lemon Streets Media, Pennsylx ania 1906 a (610) 566 6625 Orlans PC Timothy A Chino hsquime Anttornea ID 376340 A l IORNI Y EOR PL MN III F Striffoxd Office Buildmgs Suite 120 200 Efiglc R0 ad Wayne PA 1.9087 13 (248) 502 I381 tci1i110(d‘oxlans L011} Wells, Fargc Bank NA 420 Montgomery Street C OUR! 0} C( )MMUN PI I AS San FfflllbiSCO CA 94104 Plaintiff LIVIL DIVISION V NO L11i321 Ix anenko 16 Wainut Road DEL AWARE €01.1le Wallin 10rd PA 19086 Detendmt ( 0MP] UNI (1H! H 1 [Oh 1 Plaintiff Welis Falgo Bank NA is a national association 01ganized and existing undu the laws of the United States of Ameriua with anadd1eas uf420 Montgomery Street San Manchu) CA 94104 2 Th; Defendant I Hiya Ivancnko i9 an individual who rosidgs at 16 Walnut Road Wallingfmd PA 19086 3 Venue 1s proper in Delaware County pursuant to Pa R C P 1006(a)(1) since Defendant can be sen ed in Delaware County 4 On Octobel 5, 2017 Liliya Ix anemia entered into a Consume: Credit Card Customer Ag1eemunl(here1natter Agreement )w1th Plaintiff A true and couemt copy of file current Agreement is attached h61€t0 made part hereot and marde as Exhibit “A” 5 The Agreement proxides among other things that in consideration for the loan and ad‘» anccment of monies Defendant shall make certain payments as more particularly set iorth in the Agreement 6 Tbs Agreement is in default because Defendant failed to pay the minimum payment amount due each month Orlans #900890 Ivanenko 2082 7 0n Maruh 32 2022 Plaintifi mailed a notice 01 auceleration t0 Defendant a true and correct copy of Which is mashed hereto, made part hereof and marked as Exhibit 13‘ 8 Desp1te demand 101 payment Defendant has not paid the mania due to Plaimilf under the Agrcumm 9 1h; outstanding baianu due and owing undw t1“. Agrcummt is $6 225 0‘) A true and correct aopy 01 the borrower 5 monthly statement which has been redacted to protect pr?» ate account informauon reflects the balance due and is attached hereto made part hereof and marked as Exhibit C WHEREFORE Plaintiff dunands iudgment against the Defendant in the sum of $6 225 99 plus reasonable attorney tee.» and costs as. \\ ell as sum further reliei to which Plaintiff may be LfltifiCd under thz law By " Tm“) " Cm Esquire Attorney ior I’laintifl Orlans #900890 lvmenlso 2082 EXHIBIT A WELLS FARGO Consumer Credit Card Customer Agreement 8: Disclosure Statement Visa® TABLE 3? CONTENTS Your Contract With Us S n r 1 Page 1 Using Your Account 56mm: 4 3651?;3 Changes To This Agreement Section 10 Page 6 Fees And Interest gamer: 11 Page 6 Billing Statements And Section 19 Page 9 kyments Other Important Information Sgtfipn 21 Page 11 Arbitration xtlon 31 Page 5.2 Your Billing Rights Section 32 Page 14 Aware Duty Mliitary Egactierz 33 Page 5.5 Servicemembers and Their Dependents Interpreter Certification Section 34 F 7% 15 Notice To California Cardhoiders To our Catifornia customers who have discussed credit card terms and conditions with us in Spanish Chinese Korean Vietnamese or Tagalog Read Section 34 about interpreter certification before you confirm your credit can! Lea ta Seccion 34 sabre certificacién de interprete antes de confirmar su tarjeta de credito §§¢§Efi§§fi§§~§2fiflfi§$ 34 ESE? rfififig’ééfi.‘ 416M H&Hl‘ a warm! f10|i%%w91€0i1 {41;} 24:3: 94 2M?! Hrat- a Hay dqc Phan 34 ve chu’ng nhan théng dich vien tru’dc khl cw)? v!xéc nhan thé tin dung cua mlnh Basahin ang Seksyon 34 tungkol sa sertipikasyon ng interpreter bago mo kumpirmahin ang iyong credit card Your Contract With Us (1) Agreement This contract for your credit card account ( Account ) includes the Credit Card Agreement{ Agreement ), the Important Terms cf Your Credit Card Account and future amendments to this Agreement This Agreement is a contract between Waits Fargo Bank, N A and each Account holder You and any joint Account holder accept the terms of this Agreement by using or confirming your Account Please read this Agreement carefully and keep it for your records Page 1 (2) Definitions A rate shown as a percentage, Annual used to calcu|ate interest on the Percentage Rate balance on your Account (APR) The time period between biSIing statements Each billing 2mm: (23:)? statement shows a statement dosing date which is the last day of the Billing CycIe The transfer of a balance from Balance Transfer another credit account to your Account inciuding the use of a check that accesses your Account Any cards we issue to you or any devices we altow you to use to access credit on your Account Use of your Card to get cash Examples inciude using your card Gas“ Advance for Cash Advances through an ATM bank teller or Wells Fargo OnIIne Overdraft Protection advances, Balance Transfers, or cash like purchases such as money orders, wire transfers, traveler checks foreign currency lottery tlckets, casino chips,off track wagers, other wagers vouchers redeemabte for cash or similar items A device other than your Card, Credit Iike SUPERCHECKS and mobile Access Device devices that we ailow you to use to access credlt on your Account A summary of your Account 5 Important Terms APRs fees and other important of Your Credit lnformatlon Card Account The total amount you owe as of a New Balance statement closing date The sum of ah unpaid amounts, including Purchases, Cash 33:51::de Advances, Balance Transfers interest fees and any other amounts that you may owe us The date the Minimum Payment is due It wit! be at least 25 days 32:? ant Due from the statement closing date and Wm be provided on your billing statement Use of your Account to buy or lease goods or services Cash Advances, Balance Transfers and cash llke transactions are not Purchases Tax payments and associated fees are Purchases This is the amount that is Wells Fargo Bank N A We, Us, and Our The Account holder(s) who You and Your opened the Account Page 2 (3) Contacting You You agree that we have your consent to contact you at any phone number email address or mailing address you provide for any Wells Fargo account or at any number that you call us from or at any number that we obtain by other means If you provlded a phone number you agree that you own or are authorized to provide that number, and you understand that you shat! lndemnify us for any costs and expenses, Includlng reasonable attorneys fees incurred as a result of us attempting to contact you at the number(s) Your consent allows us and any companies working on our behaff to service your account, to use any means to contact you including automated dialing devices, prerecorded/artificial voice messages, man, e mail, text messages, push notifications and calls to your ceil phone or any other data or voice transmission technology You are responsibie for any service provider charges you may incur as a result of us contacting you by any means, whether such charges are related to text, data, equipment or other plans You Wm promptty notify us if you change any contact information, including your name mailing address, e mail addresses or phone numbers If you have a joint Account, a notice to one of you Wm serve as a notice to both of you We may use voice recognition technology to verify your identity when you calf We may capture and store your voiceprint for this purpose We may monitor and record any calls between you and us Using Your Acoount (4) Using Your Account You may use your consumer credit card Account for Purchases, Balance Transfers, Cash Advances and any other transactions we aiiow You promise to use your Account onky for lawful personal, famlly or household purposes We reserve the right to deny transactions or authorizations from merchants who may be engaging in the internet gambling business We are not responsible for anyone who refuses to accept your Card or any other Credit Access Device We may decline any transaction at any téme Your credlt card may not be used to make a payment on any other Wells Fargo credit account Cash Advances from ATMs Cash Advances from ATMs may be limitedby amount or frequency The ATM owner may have addEUona! restrictions If the ATM owner charges any fee that fee willbe included as part of the total Cash Advance amount Cash Advances for Overdraft Protection You may elect to have an automatic Cash Advance from your Account to cover an overdraft on a linked Welis Fargo checking account To cover an overdraft on a linked Wells Fargo checking account we win advance the greater of . the amount of your overdraft or $25 00 Except if 0 the amount of avaiiable credit on your Card is less than the amount of the overdraft or less than $"5 00 we will then advance the amount of available credit The APR and fees that apply to overdraft protection advances are listedin the Important Terms of Your Credit Card Account Overdraft protectlon advances interest and fees may cause your Account balance Page 3 to exceed your credit I mit If there is more than one person listed on the checking account (such as a joint checking account) that you have linked for overdraft protection, then a You will be responsible for alt overdraft protection advances regardless of which peraon writes the check or engages In any other transaction (such as a deblt card purchase) that causes the overdraft, and . You agree to allow us to disclose to any other person on your checking account, that this Card is linked to your checking account for overdraft protection We reserve the right to cancel, suspend, or change your overdraft protection service at any time, for any reason Credit Access Devices SUPERCHECKS can be used to access your Account similar to writing a check on a deposit account SUPERCHECKS checks will post as a Balance Transfer only when they are included with a Balance Transfer offer If a SUPERCHECKS check is not included with a Balance Transfer offer It will post as a Cash Advance They wilt include transaction fees and interest Some restrictions apply to SUPERCHECKS v They may not be written as payment on any Wells Fargo account o They may be used only by the person whose name is printecf on the check . They must be written in U S dollars - They cannot be certified ~ You cannot file a ciaim against the bank when you have a dispute with a merchant about payment for property or services that you paid for using a SUPERCHECKS check - We reserve the right to put conditions on the use of SUPERCHECKS checks and to reject decline and return unpaid any SUPERCHECKS check or advance at our discretion: Third Party] Monika Devices You or an authorized user may be permitted to load your credit card to an app on a smart phone, tablet or other electronic device, such as,through a mobile wallet which could be used for purchases or other transactions without presenting the card Any such Transactions are covered by this Agreement We have no control over the device and cannot guarantee the performance of the device Additionally - You should protect the security of the device the same as your credit card or other valuable information I There may be third party fees related to the transaction such as mobile carrier data or messaging charges it We may at any time, partially or fully restrict your abiilty to make credit transactions through a third garty/mobile device You agree to notify us promptéy if youremove or want to remove your Account information from any third party/mobile device (5) Authorized Users If you wish to have an additional Card issued in another person 5 name, please contact us and we will send you a Card with the Page 4 name of the authorized person embossed on the front of the Card You are responslble for payment of the entire amount owed to us including any Purchases Balance Transfers or Cash Advances (and ail related interest and fees) made by the authorized person Ending Authorlzed User Privileges If you want to end an authorized users privilege to use your Account, you must - Recover and destroy that person 5 Card If you do not you wlllcontinue to be liable for any charges made, even if you've advised us of your wish to cancel the prleleges unless you tell us to cancel all Cards and establish a new Account for you - You must notify us of your request by contacting us at the number on the back of your Card or by mail at Wells Fargo Bank N A PO Box 10347 Des Moines IA 50306 0347 In general an authorized person is not obligated on thls Account and Isnot liable for any Outstanding Baiance or any other charges made by you or by any other authorized person In the event of the death of all fully liable cardholders, authorized users privilege ends automatically After that,lf any person uses the Card such use Indicates his or her agreement to pay us and we may at our discretion pursue the person for payment of any Outstandlng Balance or any other charges they authorize You agree to notify each authorized person that they are subject to all applicable sectlons of this Agreement Information about Authorized Users You agree to give us certain personal Information about each authorized user You must have permlsslon from each authorized user allowing you to glve us that personal information Thls may include name, address, social security number date of birth and citizenship (6) Lost or Stolen Cards and Liability for Unauthorized Use, and Zero Liability Protection You must notify us immediater If your Card or account information §s lost or stolen or if you believe its being used without your permission You may contact us by phone at 800 642 4720 or in writing at WelEs Fargo Bank N A PO Box 10347 Des Moines, IA 50306 0347 You agree to assist us in our investigation of the matter If you do this and we find you not responsible you wllinot be held liable for the unauthorized use of your Account (7) Promise to Pay When you use your Account or let someone else use it, you promise to pay the tote: amount of the Purchases, Cash Advances, and Balance Transfers, plus allInterest,fees and other amounts that you may owe us We may Eimit or close your Account but the terms of this Agreement will apply until you pay the Account in full (8) Credit Limit We may assign the foilowing limits to your Account Cash Advance Limit We may restrict the amount of your credit limit that canbe used for Cash Advances Your total credit limit will be provided with your Credit Card and shows on each of your billing statements You promlse to use your Account only to the Eimltg If you exceed your total credit limit,we may allow the transaction without Increaslng your total credlt limit or deny the transaction If we allow the transaction, Page 5 we may treat that over llmlt amount as due with the mlnimum payment on your next statement If you exceed the limits you will still remain liable for all credit you recelve We can adjust your credit limit at any time including automatic credit line increases for those who qualify (9) Authorizations We don t guarantee approval of transactions We reserve the right to deny transactions for any reason, such as account default, suspected fraudulent or unlawful activity,Internet gambling or any indication of increased risk related to the transaction If you engage in abuse, mlsuse or gamlng in connection with earning or using points or attempt to do 50; we may close or restrict your Wells Fargo credit card(s) Abuse, misuse or gaming includes, but is not limited to.making multiple purchases and multiple payments during a blillng cche whereby the dollar amount for each purchase in the aggregate substantially exceeds your credlt llmlt We also may limit the number of authorlzations we allow during a period of time Transactlons at some merchants (such as hotels car rental companies, rez'slzalurantgr and gas statlons) may result in temporary authorizations for amounts greater than the actual Purchase amount This wlllmake less credit available on your Account for several days, usually until the date the actual Purchase amount is received from the merchant If you give your credit card information to a merchant to bill your account for recurring payments, or to keep It on file for future purchases or payments, and your card number, expiration date or security code changes you should notify the merchant with your new card Information Some card networks provide update services and receive updated card information from Wells Fargo Merchants that participate in such services willreceive updated card information from the network for credit cards that you have provided to the merchant for recurring or future purchases or payments We cannot tell you whlch merchant will receive updated card infmmation when your card informatlon changes You should always provide each merchant with your new card information because some merchants do not subscribe to such network services Changes To This Agreement (10) Change in Terms We may change this Agreement at any time These changes may apply to exlstlng and future balances We win give you advance written notice of the changes and a right to reject the changes if required by law We may require you to close your Account or take other actions if you reject the changes Fees And Interest (11) Fees The following fees may apply to your account If they do apply you will find the amount in the Important Terms of Your Credit Card Account You agree to pay any fees that apply 0 Annual Fee If your account has an annual fee it will be charged each year your account is open The Page 6 annual fee will not be billedafter your Account is closed . Balance Transfer Fee This fee may be charged on a Balance Transfer transaction . Cash Advance Fee This fee may be charged on a Cash Advance from your Amount - Overdraft Protection Advance Fee This fee may be charged when an overdraft amount is advanced to the checking account linked to your Credit Card Account by you 0 Foreign Currency Conversion Fee If you make a transaction In a foreign currency Visa will convert it intoa U 5 dollar amount A foreign currency conversion fee may be charged when this is done v Late Fee This fee may be charged each time we do not receive the required Minimum Payment due by the Payment Due Date . Returned Check or Returned Payment Fee This fee may be charged when a payment is not processed the first time or is returned unpaid - Rush Plastic Fee This fee may be charged if you