Case Name: American Express Bank, FSB v. Mirzaei

Case No.: 1-13-CV-253867

Plaintiff American Express Bank, FSB (“Plaintiff”) moves for summary judgment, or in the alternative, summary adjudication against defendant Syrus Mirzaei (“Defendant”).

Plaintiff’s request for judicial notice is GRANTED.  (Evid. Code, § 452, subds. (a) and (b).)

Plaintiff’s motion for summary judgment is GRANTED.  After full consideration of the evidence, the separate statements and authorities submitted by each party, the Court finds that Plaintiff has met its initial burden of establishing that there is no triable issue as to any material fact and Plaintiff is entitled to judgment as a matter of law.  (Code Civ. Proc., § 437c, subd. (c).)  (See Plaintiff’s Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication, Nos. 1, 4, 5, 7, 9.)

In opposition, Defendant fails to raise a triable issue of material fact.  Though Defendant disputes the majority of the facts set forth as undisputed by Plaintiff in its motion, he fails to provide admissible evidence in support, instead primarily citing to his answer to Plaintiff’s complaint.  A party opposing a motion for summary judgment or adjudication may not use its own pleadings as evidence.  (See College Hosp., Inc. v. Superior Court (1994) 8 Cal.4^th 704, 720.)