17-CLJ-05544 AMERICAN EXPRESS CENTURION BANK VS. ROSANNA PITTELLA, ET AL.

AMERICAN EXPRESS CENTURION BANK ROSANNA PITTELLA
JANET L. BROWN JENNIFER TUNDER

PLAINTIFF’S MOTION FOR SUMMARY OF JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION TENTATIVE RULING:

A. Summary Judgment

The motion for summary judgment is denied.

Summary judgment can be granted only if the undisputed facts show that the entire complaint has no merit. (Code of Civ. Proc. Sect. 437c, subd. (a).) The present motion addresses only the claims for open book account and account stated. It fails to address (and therefore dispose of) the cause of action for goods sold and delivered. (See Complaint para. CC-1(b)(3).) Since the motion fails to dispose of all three claims, summary judgment cannot be granted.

B. Summary Adjudication

The motion for summary adjudication as to the causes of action for open book account and account stated is granted as to both claims.

The undisputed facts demonstrate Plaintiff and Defendant entered into a written credit card account agreement. (Decl. of Touhidi para. 7 & 9, including Exhibit A.) Defendant used the credit card for purchase of goods, services, and cash advances. (Id. para. 11 & 15; Exhibits A, B, C, D.) Payments and charges were duly reflected on Plaintiff’s record of the account; the records were provided to Defendant on a monthly basis. (Id. para. 8, 11, 12, 13; Exhibits B, C, D.) Plaintiff defaulted on or before May 19, 2017. (Id. para. 15; Exhibits A, B, C.) No payment has been made since January 9, 2017. (Id. para. 13; Exhibit D.) The outstanding balance is $5,836.50. (Id. para. 15; Exhibits B & C.)

Plaintiff’s motion requests interest, but the Complaint does not allege interest owed or pray for interest as part of judgment. (Complaint at p.2 (para. 10(b)), p.3 (para CC-2.)

Summary adjudication is granted as to the claims for open book account and account stated in the single amount of $5,836.50.

C. Conclusion

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.