Nature of Proceedings: Motion for Summary Judgment TENTATIVE RULING: The motion for summary judgment/adjudication of plaintiff Wells Fargo Bank, N.A. is denied for the reasons set forth herein. BACKGROUND: This is a credit card collection action. As alleged in the complaint, on October 26, 1998 plaintiff Wells Fargo Bank, N.A. issued a credit card to defendant Randy B. Evered, pursuant to a written credit card agreement. Defendant used the credit card to purchase goods, services, and/or for cash advances. In exchange for use of the credit card, defendant agreed to repay the principal along with interest and other charges. On August 12, 2019, defendant breached the credit card agreement by failing to remit any further payments on the account. There is currently due and owing to plaintiff the sum of $19,235.50, plus interest and attorney’s fees. On December 18, 2019, plaintiff filed its complaint for (1) breach of written contract, (2) breach of implied-in-fact contract, (3) money lent,
Hearing Date
March 12, 2021
Department
Judge Donna GeckDepartment 4 SB-Anacapa1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107
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Nature of Proceedings: Motion for Summary Judgment TENTATIVE RULING: The motion for summary judgment/adjudication of plaintiff Wells Fargo Bank, N.A. is denied for the reasons set forth herein. BACKGROUND: This is a credit card collection action. As alleged in the complaint, on October 26, 1998 plaintiff Wells Fargo Bank, N.A. issued a credit card to defendant Randy B. Evered, pursuant to a written credit card agreement. Defendant used the credit card to purchase goods, services, and/or for cash advances. In exchange for use of the credit card, defendant agreed to repay the principal along with interest and other charges. On August 12, 2019, defendant breached the credit card agreement by failing to remit any further payments on the account. There is currently due and owing to plaintiff the sum of $19,235.50, plus interest and attorney’s fees. On December 18, 2019, plaintiff filed its complaint for (1) breach of written contract, (2) breach of implied-in-fact contract, (3) money lent,