CLJ538018 COUNTY OF SAN MATEO VS. JANUAR ARELLANO

COUNTY OF SAN MATEO JANUAR ARELLANO
JAN E. ELLARD PRO/PER

MOTION FOR SUMMARY JUDGMENT TENTATIVE RULING:

Plaintiff County of San Mateo’s unopposed motion for summary judgment is GRANTED pursuant to Code Civ. Proc. § 437c.

Plaintiff has satisfied its initial burden of producing admissible evidence to support each of the elements of its causes of action for breach of contract and services rendered.

With respect to the claim for breach of contract, Defendant expressly agreed in writing that he would pay the County for the treatment and services in accordance with the regular rates and terms of the Medical Center. UMF #3, 4. The County performed its obligations pursuant to the written agreements. UMF # 2. Defendant failed to pay for the medical treatment and services rendered to him, and the County has been damaged in the amount of 22,041.06. UMF # 5-11.

With respect to the claim for services rendered, Plaintiff has established that services were rendered under the expectation of both parties that Plaintiff would be compensated, and that Defendant failed to pay for those services. UMF # 1, 2, 5-11.

Because Defendant has not submitted opposition demonstrating a triable issue of fact, Plaintiff is entitled to summary judgment.

Judgment shall be entered for Plaintiff County of San Mateo in the amount of $22,041.06, plus prejudgment interest at 10% per annum in the amount of $8,576.37. Baumgartner Decl., ¶ 7; UMF No. 13. Costs and attorney’s fees shall be determined pursuant to Code of Civil Procedure section 1032 et seq.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for 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.