2015-00178122-CL-CL

Bank Of America, N.A. vs. Judith C. Kapitan

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

Filed By: Brodbeck, Lori

Plaintiff’s motion for summary adjudication is DENIED since plaintiff failed to comply with CRC Rule 3.1350(b) and (h), requiring that the specific issues presented for summary adjudication be set forth in the notice of motion and then repeated verbatim in the separate statement.

Plaintiff’s alternative motion for summary judgment is UNOPPOSED and is GRANTED, as follows.

The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a).

Moving counsel failed to comply with CRC Rule 3.1350(g), which requires a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages.

Moving counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)-(4).

This litigation arises out of plaintiff’s issuance of a credit card to defendant. Although the latter received and used the card, she subsequently defaulted and has refused to bring the account current. Plaintiff moves for summary judgment on the ground that defendant is in default on the account, there is no triable issue of material fact and plaintiff is entitled to summary judgment.

The court finds that plaintiff has satisfied its initial burden under Code of Civil Procedure §437c(p)(1), which thereby shifts the burden to defendant to produce admissible evidence demonstrating the existence of a triable issue of material fact. Since defendant failed to oppose the motion and failed to present any evidence whatsoever, defendant has failed to meet her burden of production under Code of Civil Procedure §437c(p)(1). Accordingly, summary judgment for plaintiff shall be granted in the amount prayed for in the complaint ($21,901.40).

To the extent plaintiff desires an award of costs, it may file and serve a Memorandum of Costs in accordance with Code of Civil Procedure §1032.

Pursuant to CRC Rule 3.1312, moving counsel to prepare a judgment consistent with the foregoing.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)