Plaintiff Patelco Credit Union has filed a Motion for summary judgment/adjudication in a collections action involving two separate debts based on written contracts between Plaintiff Patelco Credit Union (“Plaintiff”) and Fernando Aquino, Jr. (“Defendant”). No timely opposition was filed. Summary adjudications of the first and second causes of action for breaches of written contract are GRANTED. Summary adjudications of the third and fourth causes of action are DENIED.
DISCUSSION:
First Cause of Action: Moving party Plaintiff has carried its burden to establish by a preponderance of the evidence that it extended a closed end (installment) loan to Defendant in the amount of $12,500 at 12 percent interest. Complaint, Exh. A, page 1; Moving Koury Decl., ¶ 5, Exh. 1, page 1. Defendant was to repay the $12,500 by making monthly payments of $279.48 on the 15th of every month. Ibid.
Second Cause of Action: Moving party has also established that it provided a Mastercard credit card to defend
Hearing Date
January 21, 2021
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Plaintiff Patelco Credit Union has filed a Motion for summary judgment/adjudication in a collections action involving two separate debts based on written contracts between Plaintiff Patelco Credit Union (“Plaintiff”) and Fernando Aquino, Jr. (“Defendant”). No timely opposition was filed. Summary adjudications of the first and second causes of action for breaches of written contract are GRANTED. Summary adjudications of the third and fourth causes of action are DENIED.
DISCUSSION:
First Cause of Action: Moving party Plaintiff has carried its burden to establish by a preponderance of the evidence that it extended a closed end (installment) loan to Defendant in the amount of $12,500 at 12 percent interest. Complaint, Exh. A, page 1; Moving Koury Decl., ¶ 5, Exh. 1, page 1. Defendant was to repay the $12,500 by making monthly payments of $279.48 on the 15th of every month. Ibid.
Second Cause of Action: Moving party has also established that it provided a Mastercard credit card to defend