Preview
COLLECTION AT LAW, INC.
A PROFESSIONAL LAW CORPORATION E-FILED
Jon O. Blanda (State Bar No. 217222) 9/22/2020 10:26 AM
Angela A. Velen (State Bar No. 217292) Superior Court of California
Hanna Kerfan (State Bar No, 327122) County of Fresno
3835 East Thousand Oaks Blvd., Suite R349 By: L. Vang, Deputy
Westlake Village, California 91362
Phone Number (818) 716-7630
Facsimile (818) 716-7775
Attorneys for Plaintiff
WELLS FARGO BANK, N.A.
Case No. 20CECL01649
Pl.AINTlFF'S NOTICE OF MOTlON
ANB MOTlON FOR JIUBGMKXT OS
THK Pl,KAB1'NGS; MKMO~XBlJM
OF POlNTS AXB AIITHOMTLKS;
BATE OCR~
P.W
R+t ~~
TlMK: I:50
BKPT: egg
Plaintiff Wells Fargo Bank. N.A. (" Plaintiff" ), vnII move the court for a judgment on the
Pleadings against ARLENE K ROWAN (" Defendant" ). Said Motion vriII be made upon the
grounds that the Complaint and Defendants'esponsive pleading entitle Plaintiff to a judgment
as amatter of law. See Cal. Code Civ. Proc. ) 438; see Cal. Evid. Code $ 452(d).
Notice of Motion and Motion For Judgment on the Pleadings
Said Motion will be supported by the Memorandum of Points and Authorities, and
Plaintiff's Request for Judicial Notice, in support hereof and upon all papers on file herein.
HANNA KERFAN, ESQ.
Attorney for Plaintiff,
%'ELLS FARGO BANK, N.A.
Notice of Motion and Motion For Judgment on the Pleadings
This is a simple action by Wells Fargo Bank, N.A. (" Plaintiff') against ARLENE K
ROWAN (" Defendant") for the collection of a credit card debt in the sum of $ 16,134.24. As the
Complaint alleges, Defendant owes Plaintiff $ 16,134.24 on the subject credit card. Defendant
filed an Answer which did not deny any of the allegations of Plaintiff's Complaint.
Thereafter, Defendant filed an Answer. Plaintiff then propounded basic discovery,
including Request For Admissions. However, Defendant did not respond. Accordingly, the
Court deemed the truth of the matters specified in Plaintiff's Request for Admissions as admitted
on August 5, 2020.
Pursuant to this Court's August 5, 2020 Order, the Defendant has admitted that she was
issued the subject credit card, that she used the credit card to make charges, that she was to repay
the Plaintiff the principal amount charged plus interest and other charges, that she received
monthly statements for her account for the subject credit card, that she never disputed the
accuracy of the statements, that she has not repaid the balance due of $ 16,134.24 on the subject
credit card, and that she does not have any defenses to Plaintiff s Complaint. Accordingly, the
Court should grant the instant Motion for Judgment on the Pleadings, and enter judgment in
favor of Plaintiff and against Defendant.
I KGAjL STAXDA~
A motion for judgment on the pleadings may be made upon the grounds that the
complaint states facts sufficient to constitute cause(s) of action against the defendants and the
answer does not state facts sufficient to constitute a defense to the complaint. See Cal. Code Civ,
Proc. $ 438(c)(1)(A). The court must accept as true the factual allegations of the complaint and
must give them a liberal interpretation. See Gerawun Farming, Inc., v tyons, 24 Cal. 4th 468,
515-516 (2000). In addition, "Ia] motion for judgment on the pleadings, like a general demurrer,
confines the court's consideration to the face of the pleadings under attack and to matters outside
Notice of Motion and Motion For Jndgnnent on the Pleadings
the IJ/eading that prejudicially notE'scuble. No extrinsic evidence can be considered." See II'alt'er
logging
,Jayasinghe v. Ei Lee, 17 Cal. Rptr. 2d 117, 118 (Cal. App. 1993)(emphasis added); see
also Cal. Code Civ. Proc. ) 438(d). Here, Plaintiff filed its Complaint alleging (1) Breach of
Written Contract; (2) Breach of Contract (Implied in Fact); (3) money IentImoney paid; (4) open
book account; and (5) account stated.
Sufficient Facts Are Stated for Plaintiff's Causes of Action for Breach of Written Contract
In order to establish a bleach of contract, thc plaintiff must show: 1) Thc cxccutlon of a
valid contract; 2) Plaintiff's performance or excuse for nonperformance; 3) Defendant's breach;
and 4) resulting damage to plaintiff. See Reichert v. Genera/ Insurance Co., (1968) 68 Cal.2d
822, 69 Cal.kptr. 321, 325. "As to the basic elements Iof a contract cause of actionj, there is no
difference between an express and implied contract... While an implied in fact contract may be
inferred from the conduct, situation or mutual relation of the parties, the very heart of this kind of
agreement is an intent to promise." See Division of Labor Lavv Enforcement v. Transpacific
Transportation Co., (1977) 69 Cal.App.3d 268, 275; see also Friedman v. Friedman (1993) 20
Cal.App.4th 876, 888.
Plaintiff's Complaint clearly alleges that a contract mas entered into bet@veen Plaintiff and
Defendant. See Cornpl, pg. 3, ttBC-I. The Complaint also alleges that Defendant breached the
contract. See Compl. pg. 3, +C-2. The Complaint further alleges that Plaintiff has been
damaged in the amount of the $ 16,134.24. See Compl. pg. 3, ItBC-4. Therefore, the Complaint
has stated sufficient facts for Plaintiff's Claim of Breach of Written Contract.
Suffiicient Facts Are Stated for Plaintiff's Causes of Action for Br each of tContract (Imphed
in lYact)
In order to establish a breach of contract, the plaintiff must shorn: 1) The execution of a
valid contract; 2) Plaintiff's performance or excuse for nonperformance; 3) Defendant's breach;
and 4) resulting damage to plaintiff. See Reicheri v. Genera/ Insurance Co., (1968) 68 Cal.2d
822, 69 Cal.Rptr. 321, 325. "As to the basic elements tof a contract cause of action], there is no
Notice of Motion and Motion For Judgment on the Pleadings
difference between an express and implied contract... While an implied in fact contract may be
inferred from the conduct, situation or mutual relation of the parties, the very heart of this kind of
agreement is an intent to promise." See Division of Labor Lavv Enforcement v. Transpacific
Transporraiion Co., (1977) 69 Cal.App.3d 268, 275; see also I'riedman v. FriedmcIn (1993) 20
Cal.App.4th 876, 888.
Plaintiff's Complaint clearly alleges that a contract was entered into between Plaintiff and
Defendant. See Compl. pg. 4, +C-1. The Complaint also alleges that Defendant breached the
contract. See Compl. pg. 4, ttBC-2. The Complaint further alleges that Plaintiff has been
damaged in the amount of the $ 16,134.24. See Compl. pg. 4, I|BC-4, Therefore„ the Complaint
has stated suffIcient facts for Plaintiff s Claim of Breach of Contract (Implied in Fact).
Sufficient Facts Are Stated for Plaintiff's Causes of Action for Money I entMoney Paid
The common count for money lent or paid alleges the indebtedness "for money lent by
plaintiff to defendants," or "money paid'" or "expended" to or for the defendants. See Pleasant v.
Samuels, (1986) 114 Cal. 34.
Plaintiff s Complaint clearly alleges that the Defendant became indebted to Plaintiff in the
sum of $ 16,134.24 money lent to Defendant at Defendant's request. See Compl. pg. 5,
ttCC-Ib(4). The Complain~ also alleges that money was paId to Defendan~, laId out, and
expended to ol'oI'efendant at Defendant s InsIstence and I'equest. See CoInpl, pg. 5,
'ItCC-1b(5). The Complaint further alleges that the Defendant has not repaid any amount of the
$ 16,134.24 was lent to the Defendant. See Compl. pg. 5, 'ItCC-2. Therefore, the Complaint has
stated sufficient facts for Plaintiffs Claim of Money Lent or Money Paid.
Sufficient Facts Are Stated for Plaintiff's Cause of Action for Open 8ook Account
ln order to establish a claim for open book account, Plaintiff must allege (1) that Plaintiff
and Defendants had a fInancial transaction; (2) that Plaintiff kept an account of the debits and
Notice of Motion and Motion For Judgnnent on the Pleadings
credits involved in the transaction; (3) that Defendants owe Plaintiff money on the account; and
(4) the amount of money that Defendants owe Plaintiff. See CACI 372; See also Interstate
Group Administrators, Inc. v. Cravens, Dargan Ec Co., 174 Cal.App.3d 700, 708 (Ct. App. 1985).
The only essential allegations of this common count are (I) the statement of indebtedness in a
certain sum, (2) the consideration, i.e.,goods sold, work done, etc., and (3) nonpayment. See
Farmers Ins. Exchange v. Zerin, 53 Cal.App.4th 445,460 (Ct. App, 1997).
Here, Plaintiff's Complaint alleges a financial transaction as Defendant became indebted
to Plaintiff, see Compl. CC-la, which was kept on a book account for money due. See Compl.
pg. 6, ItCC1 a(1). The Cornplamt further alleges Defendant owes Plamtlff $ 16,134.24, See
Compl. pg. 6, ttCC-2. Therefore, the Complaint states sufficient facts for Plaintiffs Open Book
Account Claim.
Sufficient Facts AI e Stated fol Plaintiff's Cause of'Action for Account Stated
"The essential elements of an account stated are: (I) previous transactions between the
partlcs cstabllshlng thc lclatlonship of dcbtol'nd creditor; (2) RQ RgI'ccITlcnt bctwccn the parties,
express or implied, on the amount due from the debtor to the creditor; and (3) a promise by the
debtor, cxpI'css 01'mplied„ to pay the alT10Unt dUc. Scc ZlnQ V. FI'ccl R. BI'lght Co., 271
Cal.App.2d 597, 600 (Ct. App. 1969). "The agreement of the parties necessary to establish an
account stated nccd not bc cxpl'css Rnd flcqUcntly ls 1Inpllccl ln thc cll'CUIQstanccs, In the UsURI
sltUatlon, lt coITlcs RboUt by thc creditor IcnclcI'lng R statclncnt. of thc RccoUnt to thc debtor. If thc
dcbtol'Rlls to Obicct to thc stRtcIQcnt within R I'casonablc tllTlc, thc 1Rw llTlpllcs his agrccnlcnt
that the account is correct as rendered." See id.
Here, Plaintiff s Complaint alleges an account was stated in writing by and between
Plaintiff and Defendant, where it was ascertained and agreed that Defendant is indebted to
Plaintiff. See Compl, pg. 6 at CC-la(2).
Il
The Complaint further alleges Defendant owes
Notice of Motion and Motion For Judgment on the Pteadings
Plaintiff $ 16,134.24 on this account. See Compl. pg. 6, $CC-2. Therefore, Complaint states
sufficient facts for Plaintiffs Account Stated Claim.
Ln.
THK COURT SHOUl 0 G~NT Pl AlNTlFF'S MOTlON FOR SUDGMKNT ON THK
The records of any court of this state are matters that are judicially noticeable. See Cal.
Evld. Code $ 452(d); see Burners V. CAEvlneJJ SvveeIE, 123 CR1. App. 4th. 1057, 1064 (Ct. App.
2004)(documents attached and incorporated by reference into a pleading are properly considered
in a motion for judgment on the pleadings).
The court can also properly take notice of facts deemed admitted in consideration for a
Judgment on the pleadings. See CoiEEI&Ea CasualrJJ Co. V.XorrA&esrern ItIai. Ins. Co., 231 Cal.
App. 3d 457, 468 (Ct. App. 1991); Acre v. Kaiser Foundation Health I'/an, Inc., 181 Cal. App.
4th 471, 485 (Ct, App. 2010); Evans v. Cahfornia Trailer Court, Inc., 28 Cal. App. 4th 540, 549
(Ct. App. 1994)(noting that admissions or concessions of matters which cannot be reasonably
controverted are properly considered on a motion for judgment on the pleadings, even if it
negates an express allegation of the pleadings).
Specifically, pursuant to the Court's August 5, 2020 Order, the Defendant has admitted
that she was issued the subject credit card, that she used the credit card to make charges, that she
was to repay the Plaintiff the principal amount charged plus interest and other charges, that she
received monthly statements for her account for the subject credit card, that she never disputed
the accuracy of the statements, that she has not repaid the balance due of $ 16,134.24 on the
subJect credit card, and that she does not have any defenses 'to Plaintiffs Complaint,
Accordingly, this Court is not being required to look at any extrinsic evidence, and therefore, the
Court should grant the instant Motion for Judgment on the Pleadings, and enter judgment in
favor of Plaintiff and against Defendant.
Notice of Motion and Motion For Judgment on the Pleadings
CONCl USlOX
Based on the face of Plaintift" s Complaint and the Court's September 6, 2016 Order,
Plaintiff is entitled to a judgment on the pleadings. The Complaint states sufficient facts for its
causes of action for money lent/money paid, account stated, and open book account, Defendant's
Answer admits each of the allegations for those causes of action. Therefore, the Court should
grant Plaintiff's Motion for Judgment on the Pleadings and enter judgment in favor of Plaintiff,
and against Defendant, in the sum of $ 16,134.24 and court costs in the sum of $ 430.00 ($ 370.00
filing fee and $ 60.00 for the instant motion), for a total Judgment of $ 16,564.24.
of Motion and Motion For Judgnent on the Pleadings
Notice
Preview
COLLECTION AT LAW, INC. A PROFESSIONAL LAW CORPORATION E-FILED Jon O. Blanda (State Bar No. 217222) 9/22/2020 10:26 AM Angela A. Velen (State Bar No. 217292) Superior Court of California Hanna Kerfan (State Bar No, 327122) County of Fresno 3835 East Thousand Oaks Blvd., Suite R349 By: L. Vang, Deputy Westlake Village, California 91362 Phone Number (818) 716-7630 Facsimile (818) 716-7775 Attorneys for Plaintiff WELLS FARGO BANK, N.A. Case No. 20CECL01649 Pl.AINTlFF'S NOTICE OF MOTlON ANB MOTlON FOR JIUBGMKXT OS THK Pl,KAB1'NGS; MKMO~XBlJM OF POlNTS AXB AIITHOMTLKS; BATE OCR~ P.W R+t ~~ TlMK: I:50 BKPT: egg Plaintiff Wells Fargo Bank. N.A. (" Plaintiff" ), vnII move the court for a judgment on the Pleadings against ARLENE K ROWAN (" Defendant" ). Said Motion vriII be made upon the grounds that the Complaint and Defendants'esponsive pleading entitle Plaintiff to a judgment as amatter of law. See Cal. Code Civ. Proc. ) 438; see Cal. Evid. Code $ 452(d). Notice of Motion and Motion For Judgment on the Pleadings Said Motion will be supported by the Memorandum of Points and Authorities, and Plaintiff's Request for Judicial Notice, in support hereof and upon all papers on file herein. HANNA KERFAN, ESQ. Attorney for Plaintiff, %'ELLS FARGO BANK, N.A. Notice of Motion and Motion For Judgment on the Pleadings This is a simple action by Wells Fargo Bank, N.A. (" Plaintiff') against ARLENE K ROWAN (" Defendant") for the collection of a credit card debt in the sum of $ 16,134.24. As the Complaint alleges, Defendant owes Plaintiff $ 16,134.24 on the subject credit card. Defendant filed an Answer which did not deny any of the allegations of Plaintiff's Complaint. Thereafter, Defendant filed an Answer. Plaintiff then propounded basic discovery, including Request For Admissions. However, Defendant did not respond. Accordingly, the Court deemed the truth of the matters specified in Plaintiff's Request for Admissions as admitted on August 5, 2020. Pursuant to this Court's August 5, 2020 Order, the Defendant has admitted that she was issued the subject credit card, that she used the credit card to make charges, that she was to repay the Plaintiff the principal amount charged plus interest and other charges, that she received monthly statements for her account for the subject credit card, that she never disputed the accuracy of the statements, that she has not repaid the balance due of $ 16,134.24 on the subject credit card, and that she does not have any defenses to Plaintiff s Complaint. Accordingly, the Court should grant the instant Motion for Judgment on the Pleadings, and enter judgment in favor of Plaintiff and against Defendant. I KGAjL STAXDA~ A motion for judgment on the pleadings may be made upon the grounds that the complaint states facts sufficient to constitute cause(s) of action against the defendants and the answer does not state facts sufficient to constitute a defense to the complaint. See Cal. Code Civ, Proc. $ 438(c)(1)(A). The court must accept as true the factual allegations of the complaint and must give them a liberal interpretation. See Gerawun Farming, Inc., v tyons, 24 Cal. 4th 468, 515-516 (2000). In addition, "Ia] motion for judgment on the pleadings, like a general demurrer, confines the court's consideration to the face of the pleadings under attack and to matters outside Notice of Motion and Motion For Jndgnnent on the Pleadings the IJ/eading that prejudicially notE'scuble. No extrinsic evidence can be considered." See II'alt'er logging ,Jayasinghe v. Ei Lee, 17 Cal. Rptr. 2d 117, 118 (Cal. App. 1993)(emphasis added); see also Cal. Code Civ. Proc. ) 438(d). Here, Plaintiff filed its Complaint alleging (1) Breach of Written Contract; (2) Breach of Contract (Implied in Fact); (3) money IentImoney paid; (4) open book account; and (5) account stated. Sufficient Facts Are Stated for Plaintiff's Causes of Action for Breach of Written Contract In order to establish a bleach of contract, thc plaintiff must show: 1) Thc cxccutlon of a valid contract; 2) Plaintiff's performance or excuse for nonperformance; 3) Defendant's breach; and 4) resulting damage to plaintiff. See Reichert v. Genera/ Insurance Co., (1968) 68 Cal.2d 822, 69 Cal.kptr. 321, 325. "As to the basic elements Iof a contract cause of actionj, there is no difference between an express and implied contract... While an implied in fact contract may be inferred from the conduct, situation or mutual relation of the parties, the very heart of this kind of agreement is an intent to promise." See Division of Labor Lavv Enforcement v. Transpacific Transportation Co., (1977) 69 Cal.App.3d 268, 275; see also Friedman v. Friedman (1993) 20 Cal.App.4th 876, 888. Plaintiff's Complaint clearly alleges that a contract mas entered into bet@veen Plaintiff and Defendant. See Cornpl, pg. 3, ttBC-I. The Complaint also alleges that Defendant breached the contract. See Compl. pg. 3, +C-2. The Complaint further alleges that Plaintiff has been damaged in the amount of the $ 16,134.24. See Compl. pg. 3, ItBC-4. Therefore, the Complaint has stated sufficient facts for Plaintiff's Claim of Breach of Written Contract. Suffiicient Facts Are Stated for Plaintiff's Causes of Action for Br each of tContract (Imphed in lYact) In order to establish a breach of contract, the plaintiff must shorn: 1) The execution of a valid contract; 2) Plaintiff's performance or excuse for nonperformance; 3) Defendant's breach; and 4) resulting damage to plaintiff. See Reicheri v. Genera/ Insurance Co., (1968) 68 Cal.2d 822, 69 Cal.Rptr. 321, 325. "As to the basic elements tof a contract cause of action], there is no Notice of Motion and Motion For Judgment on the Pleadings difference between an express and implied contract... While an implied in fact contract may be inferred from the conduct, situation or mutual relation of the parties, the very heart of this kind of agreement is an intent to promise." See Division of Labor Lavv Enforcement v. Transpacific Transporraiion Co., (1977) 69 Cal.App.3d 268, 275; see also I'riedman v. FriedmcIn (1993) 20 Cal.App.4th 876, 888. Plaintiff's Complaint clearly alleges that a contract was entered into between Plaintiff and Defendant. See Compl. pg. 4, +C-1. The Complaint also alleges that Defendant breached the contract. See Compl. pg. 4, ttBC-2. The Complaint further alleges that Plaintiff has been damaged in the amount of the $ 16,134.24. See Compl. pg. 4, I|BC-4, Therefore„ the Complaint has stated suffIcient facts for Plaintiff s Claim of Breach of Contract (Implied in Fact). Sufficient Facts Are Stated for Plaintiff's Causes of Action for Money I entMoney Paid The common count for money lent or paid alleges the indebtedness "for money lent by plaintiff to defendants," or "money paid'" or "expended" to or for the defendants. See Pleasant v. Samuels, (1986) 114 Cal. 34. Plaintiff s Complaint clearly alleges that the Defendant became indebted to Plaintiff in the sum of $ 16,134.24 money lent to Defendant at Defendant's request. See Compl. pg. 5, ttCC-Ib(4). The Complain~ also alleges that money was paId to Defendan~, laId out, and expended to ol'oI'efendant at Defendant s InsIstence and I'equest. See CoInpl, pg. 5, 'ItCC-1b(5). The Complaint further alleges that the Defendant has not repaid any amount of the $ 16,134.24 was lent to the Defendant. See Compl. pg. 5, 'ItCC-2. Therefore, the Complaint has stated sufficient facts for Plaintiffs Claim of Money Lent or Money Paid. Sufficient Facts Are Stated for Plaintiff's Cause of Action for Open 8ook Account ln order to establish a claim for open book account, Plaintiff must allege (1) that Plaintiff and Defendants had a fInancial transaction; (2) that Plaintiff kept an account of the debits and Notice of Motion and Motion For Judgnnent on the Pleadings credits involved in the transaction; (3) that Defendants owe Plaintiff money on the account; and (4) the amount of money that Defendants owe Plaintiff. See CACI 372; See also Interstate Group Administrators, Inc. v. Cravens, Dargan Ec Co., 174 Cal.App.3d 700, 708 (Ct. App. 1985). The only essential allegations of this common count are (I) the statement of indebtedness in a certain sum, (2) the consideration, i.e.,goods sold, work done, etc., and (3) nonpayment. See Farmers Ins. Exchange v. Zerin, 53 Cal.App.4th 445,460 (Ct. App, 1997). Here, Plaintiff's Complaint alleges a financial transaction as Defendant became indebted to Plaintiff, see Compl. CC-la, which was kept on a book account for money due. See Compl. pg. 6, ItCC1 a(1). The Cornplamt further alleges Defendant owes Plamtlff $ 16,134.24, See Compl. pg. 6, ttCC-2. Therefore, the Complaint states sufficient facts for Plaintiffs Open Book Account Claim. Sufficient Facts AI e Stated fol Plaintiff's Cause of'Action for Account Stated "The essential elements of an account stated are: (I) previous transactions between the partlcs cstabllshlng thc lclatlonship of dcbtol'nd creditor; (2) RQ RgI'ccITlcnt bctwccn the parties, express or implied, on the amount due from the debtor to the creditor; and (3) a promise by the debtor, cxpI'css 01'mplied„ to pay the alT10Unt dUc. Scc ZlnQ V. FI'ccl R. BI'lght Co., 271 Cal.App.2d 597, 600 (Ct. App. 1969). "The agreement of the parties necessary to establish an account stated nccd not bc cxpl'css Rnd flcqUcntly ls 1Inpllccl ln thc cll'CUIQstanccs, In the UsURI sltUatlon, lt coITlcs RboUt by thc creditor IcnclcI'lng R statclncnt. of thc RccoUnt to thc debtor. If thc dcbtol'Rlls to Obicct to thc stRtcIQcnt within R I'casonablc tllTlc, thc 1Rw llTlpllcs his agrccnlcnt that the account is correct as rendered." See id. Here, Plaintiff s Complaint alleges an account was stated in writing by and between Plaintiff and Defendant, where it was ascertained and agreed that Defendant is indebted to Plaintiff. See Compl, pg. 6 at CC-la(2). Il The Complaint further alleges Defendant owes Notice of Motion and Motion For Judgment on the Pteadings Plaintiff $ 16,134.24 on this account. See Compl. pg. 6, $CC-2. Therefore, Complaint states sufficient facts for Plaintiffs Account Stated Claim. Ln. THK COURT SHOUl 0 G~NT Pl AlNTlFF'S MOTlON FOR SUDGMKNT ON THK The records of any court of this state are matters that are judicially noticeable. See Cal. Evld. Code $ 452(d); see Burners V. CAEvlneJJ SvveeIE, 123 CR1. App. 4th. 1057, 1064 (Ct. App. 2004)(documents attached and incorporated by reference into a pleading are properly considered in a motion for judgment on the pleadings). The court can also properly take notice of facts deemed admitted in consideration for a Judgment on the pleadings. See CoiEEI&Ea CasualrJJ Co. V.XorrA&esrern ItIai. Ins. Co., 231 Cal. App. 3d 457, 468 (Ct. App. 1991); Acre v. Kaiser Foundation Health I'/an, Inc., 181 Cal. App. 4th 471, 485 (Ct, App. 2010); Evans v. Cahfornia Trailer Court, Inc., 28 Cal. App. 4th 540, 549 (Ct. App. 1994)(noting that admissions or concessions of matters which cannot be reasonably controverted are properly considered on a motion for judgment on the pleadings, even if it negates an express allegation of the pleadings). Specifically, pursuant to the Court's August 5, 2020 Order, the Defendant has admitted that she was issued the subject credit card, that she used the credit card to make charges, that she was to repay the Plaintiff the principal amount charged plus interest and other charges, that she received monthly statements for her account for the subject credit card, that she never disputed the accuracy of the statements, that she has not repaid the balance due of $ 16,134.24 on the subJect credit card, and that she does not have any defenses 'to Plaintiffs Complaint, Accordingly, this Court is not being required to look at any extrinsic evidence, and therefore, the Court should grant the instant Motion for Judgment on the Pleadings, and enter judgment in favor of Plaintiff and against Defendant. Notice of Motion and Motion For Judgment on the Pleadings CONCl USlOX Based on the face of Plaintift" s Complaint and the Court's September 6, 2016 Order, Plaintiff is entitled to a judgment on the pleadings. The Complaint states sufficient facts for its causes of action for money lent/money paid, account stated, and open book account, Defendant's Answer admits each of the allegations for those causes of action. Therefore, the Court should grant Plaintiff's Motion for Judgment on the Pleadings and enter judgment in favor of Plaintiff, and against Defendant, in the sum of $ 16,134.24 and court costs in the sum of $ 430.00 ($ 370.00 filing fee and $ 60.00 for the instant motion), for a total Judgment of $ 16,564.24. of Motion and Motion For Judgnent on the Pleadings Notice