On December 05, 2017 a
Order
was filed
involving a dispute between
American Express Centurion Bank,
and
Does 1 To 10,
Pittella, Rosanna,
for (09) Limited Other Collections - under 10,000
in the District Court of San Mateo County.
Preview
ae
a a
JANET L. BROWN (State Bar No. 208602)
IL ED
JESSICA M. GARCIA 314298 SAN MATEO COUNTY
ZWICKER & ASSOCIATES, P.C,
1320 WILLOW PASS ROAD, SUITE 730
JUN a7 2019
CONCORD, CA 94520
Telephone: (925)689-7070
Facsimile: (925)689-7077
‘ ORD
{ Order
1907
| NNO
I
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
REDWOOD CITY JUDICIAL DISTRICT — LIMITED CIVIL CASE
10}
11 AMERICAN EXPRESS NATIONAL (05544
BANK,
12) D ORDER PURSUANT TO
Plaintiff, MOTION FOR SUMMARY
13 JUDGMENT OR IN THE i|
ok VS. ALTERNATIVE SUMMARY
ADJUDICATION.
ags& 14
ROSANNA PITTELLA, et al.,
omU
g38e 15)
Defendant(s). Date: December 18, 2018
Time: 9:00 a.m.
23 Ba 16)
Dept: LM
aE
aOoag 17
BU
ee
18)
Ng The motion of plaintiff AMERICAN EXPRESS NATIONAL BANK for summary
19)
judgment or in the alternative summary adjudication came on regularly for hearing on December
20)
18, 2018, at 9:00 a.m. inDepartment/Division LM, the Honorable _ < San) Gc.
21
Judge, presiding.
22
MOTION FOR SUMMARY OF JUDGMENT OR IN THE
23
ALTERNATIVE SUMMARY ADJUDICATION
24
A. Summary Judgment
25)
The motion for summary judgment is denied.
26
Summary judgment can be granted only if the undisputed fac show that the entire
27
complaint has no merit. (Code of Civ. Proc. Sect. 437c, sub: (a):) The present motion addresses
28
PROPOSED ORDER PURSUANT TO MOTION FOR SUMMARY JUDGMENT
==
o a oY
ye
® os os
BP saOP
Sar
ake
only the claims for open book account and account stated. It fails to address (and therefcre
dispose of) the cause of action for goods sold and delivered. (See Complaint para. CC-1(b)(3).)
Since the motion fails to dispose of all three claims, summary judgment cannot be granted.
B. Summary Adjudication
The motion for summary adjudication as to the causes of action for open book account
and account stated is granted as to both claims. The undisputed facts demonstrate Plaintiff and
Defendant entered into a written credit card account agreement. (Decl. of Touhidi para. 7 & 9,
including Exhibit A.) Defendant used the credit card for purchase of goods, services, and cesh
advances. (Id. para. 11 & 15; Exhibits A, B, C, D.) Payments and charges were duly reflected on
10
Plaintiff's record of the account; the records were provided to Defendant on a monthly basis. (Id.
11
para. 8, 11, 12, 13; Exhibits B, C, D.) Plaintiff defaulted on or before May 19, 2017. (Id. para.
12)
15; Exhibits A, B, C.) No payment has been made since January 9, 2017. (Id. para. 13; Exhibit
13
Je D.) The outstanding balance is $5,836.50. (Id. para. 15; Exhibits B & C.) -
aE
te
a8 &B 14)
Plaintiff's motion requests interest, but the Complaint does not allege interest owed or
a8go 15
pray for interest as part of judgment. (Complaint at p.2 (para. 10(b)), p.3 (para CC-2.)
RO ag 16
gia
Summary adjudication is granted as to the claims for open book account and account
ZE
ag 17
ES stated in the single amount of $5,836.50.
18
C. Conclusion
19}
If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter,
20
Plaintiff shall prepare a written order consistent with the Court's ruling for the Court's signature,
21 pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all
22 parties who have appeared in the action, as required by law and the California Rules of Court.
23
24
Dated: -2S-
25 JUDGE OF THE SUPERIO. RT
26|
27
28
2
PROPOSED ORDER PURSUANT TO MOTION FOR SUMMARY JUDGMENT
Document Filed Date
June 27, 2019
Case Filing Date
December 05, 2017
Category
(09) Limited Other Collections - under 10,000
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Preview
ae a a JANET L. BROWN (State Bar No. 208602) IL ED JESSICA M. GARCIA 314298 SAN MATEO COUNTY ZWICKER & ASSOCIATES, P.C, 1320 WILLOW PASS ROAD, SUITE 730 JUN a7 2019 CONCORD, CA 94520 Telephone: (925)689-7070 Facsimile: (925)689-7077 ‘ ORD { Order 1907 | NNO I SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO REDWOOD CITY JUDICIAL DISTRICT — LIMITED CIVIL CASE 10} 11 AMERICAN EXPRESS NATIONAL (05544 BANK, 12) D ORDER PURSUANT TO Plaintiff, MOTION FOR SUMMARY 13 JUDGMENT OR IN THE i| ok VS. ALTERNATIVE SUMMARY ADJUDICATION. ags& 14 ROSANNA PITTELLA, et al., omU g38e 15) Defendant(s). Date: December 18, 2018 Time: 9:00 a.m. 23 Ba 16) Dept: LM aE aOoag 17 BU ee 18) Ng The motion of plaintiff AMERICAN EXPRESS NATIONAL BANK for summary 19) judgment or in the alternative summary adjudication came on regularly for hearing on December 20) 18, 2018, at 9:00 a.m. inDepartment/Division LM, the Honorable _ < San) Gc. 21 Judge, presiding. 22 MOTION FOR SUMMARY OF JUDGMENT OR IN THE 23 ALTERNATIVE SUMMARY ADJUDICATION 24 A. Summary Judgment 25) The motion for summary judgment is denied. 26 Summary judgment can be granted only if the undisputed fac show that the entire 27 complaint has no merit. (Code of Civ. Proc. Sect. 437c, sub: (a):) The present motion addresses 28 PROPOSED ORDER PURSUANT TO MOTION FOR SUMMARY JUDGMENT == o a oY ye ® os os BP saOP Sar ake only the claims for open book account and account stated. It fails to address (and therefcre dispose of) the cause of action for goods sold and delivered. (See Complaint para. CC-1(b)(3).) Since the motion fails to dispose of all three claims, summary judgment cannot be granted. B. Summary Adjudication The motion for summary adjudication as to the causes of action for open book account and account stated is granted as to both claims. The undisputed facts demonstrate Plaintiff and Defendant entered into a written credit card account agreement. (Decl. of Touhidi para. 7 & 9, including Exhibit A.) Defendant used the credit card for purchase of goods, services, and cesh advances. (Id. para. 11 & 15; Exhibits A, B, C, D.) Payments and charges were duly reflected on 10 Plaintiff's record of the account; the records were provided to Defendant on a monthly basis. (Id. 11 para. 8, 11, 12, 13; Exhibits B, C, D.) Plaintiff defaulted on or before May 19, 2017. (Id. para. 12) 15; Exhibits A, B, C.) No payment has been made since January 9, 2017. (Id. para. 13; Exhibit 13 Je D.) The outstanding balance is $5,836.50. (Id. para. 15; Exhibits B & C.) - aE te a8 &B 14) Plaintiff's motion requests interest, but the Complaint does not allege interest owed or a8go 15 pray for interest as part of judgment. (Complaint at p.2 (para. 10(b)), p.3 (para CC-2.) RO ag 16 gia Summary adjudication is granted as to the claims for open book account and account ZE ag 17 ES stated in the single amount of $5,836.50. 18 C. Conclusion 19} If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, 20 Plaintiff shall prepare a written order consistent with the Court's ruling for the Court's signature, 21 pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all 22 parties who have appeared in the action, as required by law and the California Rules of Court. 23 24 Dated: -2S- 25 JUDGE OF THE SUPERIO. RT 26| 27 28 2 PROPOSED ORDER PURSUANT TO MOTION FOR SUMMARY JUDGMENT