2009-00053692-CL-CL

American Express Centurion Bank vs. Douglas Samuelson

Nature of Proceeding: Motion for Summary Judgment and/or Adjudication

Filed By: Lee, Raymond J.

Plaintiff American Express Centurion Bank’s (“Amex”) motion for summary adjudication
is UNOPPOSED and GRANTED. Amex’s further motion for summary judgment is
DENIED.

In its complaint against Defendant Douglas Samuelson (“Samuelson”), Amex has
pleaded causes of action for breach of credit cardholder agreement, open book
account and account stated. Amex now moves for summary adjudication of the latter
two causes of action only.

In support of the request for summary adjudication of the cause of action for open
book account, Amex has produced evidence that (1) Samuelson had a credit card
account with it, (2) Amex kept an account of the debits and credits, (3) Samuelson
owes money on the account, and (4) the amount owed is $11,139.31. (See Sep.
Stmt., UMFs 1-11.) This evidence suffices to demonstrate the nonexistence of a
triable issue of material fact and shift the burden of production to Samuelson.
Because Samuelson has not produced any evidence and has not otherwise opposed
the motion, Amex is entitled to adjudication as a matter of law.

In support of the request for summary adjudication of the cause of action for account
stated, Amex has produced evidence that (1) Samuelson had a credit card account
with it, (2) Samuelson agreed that he owed $11,139.31 on the account, (3) Samuelson
promised to pay that amount, and (4) Samuelson has not paid the amount owed. (See
Sep. Stmt., UMFs 12-22.) This evidence suffices to demonstrate the nonexistence of
a triable issue of material fact and shift the burden of production to Samuelson.
Because Samuelson has not produced any evidence and has not otherwise opposed
the motion, Amex is entitled to adjudication as a matter of law.

Conclusion Amex’s motion for summary adjudication of its causes of action for open book account
and account stated is GRANTED.

Amex’s further motion for summary judgment is DENIED.

The court will sign the formal order submitted but will delete the portion directing Amex
to submit a judgment. Because Amex’s breach of contract cause of action remains
operative, Amex is not entitled to a judgment at this time.

No further notice is required.