Plaintiff’s Motion for Summary Judgment.
On May 13, 2019 plaintiff filed an action for common counts of account stated and open book account related to a credit card account. Plaintiff alleges: that defendant owes a principal balance in the amount of $9,665.41; and that the amount remains due and unpaid despite plaintiff’s demand.
Plaintiff moves for entry of summary judgment against defendant on the following grounds: an account was stated; an open book account existed between the parties; and defendant failed to repay the moneys due under the agreement,
The proofs of service declare that notice of the hearing and the moving papers were served by mail on defense counsel on January 22, 2020. There was no opposition in the court’s file at the time this ruling was prepared.
Motion for Summary Judgment/Summary Adjudication Principles
“For purposes of motions for summary judgment and summary adjudication: ¶ (1) A plaintiff or cross-complainant has met his or her burden of showing that ther