Case Name:    Commonwealth Central Credit Union v. Edward D. Le-Grand-Sawyer and                         Mary K. Le-Grand-Sawyer

Case No.:        1-11-CV-212876

Plaintiff Commonwealth Credit Union (“Plaintiff”) filed its motion for summary judgment and/or summary adjudication, and presented evidence in support of judgment on the first cause of action for breach of contract (a VISA credit card), fifth cause of action (loan secured by vehicle), and seventh cause of action (recovery of personal property on the secured loan).  The motion was properly served and notice was sufficient and proper.  Defendants Edward D. Le-Grand-Sawyer (“Edward”) and Mary K. Le-Grand-Sawyer (“Mary”, or collectively “Defendants”) did not oppose the motion.

After full consideration of the evidence, the separate statement and the authorities submitted by the Plaintiff, the Court makes the following rulings:

The Court finds that by the evidence presented in support of the motion Plaintiff met its initial burden to demonstrate each of the required elements for the first and fifth causes of action, and entitlement to summary adjudication on those causes of action.  Plaintiff is ordered to appear and address whether the claims in the seventh cause of action duplicate the relief sought in the fifth cause of action, and why the Court should order payment of the full amount due in the fifth cause of action if Plaintiff intends to repossess the vehicle in question.   The Court also will not order payment of repossession fees that have not yet been incurred.

As Defendants did not file any opposition to the motion, Defendants have failed to meet their burden to show any triable issue of fact.  Accordingly, the motion for summary adjudication as to the first and fifth causes of action of the Complaint is GRANTED.  Plaintiff has established entitlement to an award of damages as follows:

1)         On the first cause of action against Edward and Mary jointly, the principal balance of $3,425.19, plus interest at the rate of 13.49% per annum of $3,334.41, plus late charges of $1,275.00 for a total of $8,034.60.

2)         On the fifth cause of action against Mary, only, the principal balance of $18,672.47, plus interest at the rate of 5.90% in the amount of $8,532.70, plus late charges of $1,400.00, for a total award of $ 28,605.17.  The Court denies Plaintiff’s request for repossession fees.

The Court will not award attorney fees and costs before entry of judgment or without proof that the Plaintiff has filed a request for dismissal of the remaining causes of action.  Costs and fees should be sought by filing a memorandum of costs and/or an appropriate motion for fees after entry of judgment.

Plaintiff is to submit a proposed form of order.