american express national bank, Plaintiff, vs. miguel ruiz, et al., Defendants.

Case No.: 19STCV28161

Hearing Date: December 3, 2020

Hearing Time: 10:00 a.m.

[TENTATIVE] ORDER RE:

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

Background

Plaintiff American Express National Bank (“Plaintiff”) filed this action on August 9, 2019 against Defendants Miguel Ruiz aka Miguel A. Ruiz (“Ruiz”) and Esmeralda Trans Inc. (“ETI”) (jointly, “Defendants”). The Complaint asserts causes of action for open book account and account stated. This is a credit card collections case, for an American Express credit card account issued to Defendants.

Plaintiff now moves for summary judgment or summary adjudication on all causes of action. The motion is unopposed.

Legal Standard

“[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment