2013-00155548-CL-CL

Springleaf Financial Services Inc vs. Jose A Acosta

Nature of Proceeding:   Motion for Summary Judgment

Filed By:  Cramer, Todd L.

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

This litigation arises out of plaintiff’s issuance of a loan agreement whereby defendant
borrowed money from plaintiff.  Although defendant agreed to repay the loan in
installments, he has defaulted and has refused to bring his loan current.  Plaintiff
moves for summary judgment on the ground that defendant is in default on the loan
agreement, 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 his burden of production under Code of Civil
Procedure §437c(p)(1).  Accordingly, summary judgment for plaintiff shall be granted.

The Court notes that although plaintiff’s separate statement of undisputed material
facts includes an itemization of litigation costs, such costs cannot be awarded here as
they may only be awarded pursuant to a Memorandum of Costs in accordance with
Code of Civil Procedure §1032.

Similarly, while plaintiff’s notice of motion includes a request for attorney fees incurred
in this litigation, the moving separate statement not specify the amount of the claimed
attorney fees.  Thus, they cannot be awarded here either.

This minute order is effective immediately.  Pursuant to CRC Rule 3.1312, plaintiff
shall prepare an appropriate order which is consistent with the above and which
conforms to Code of Civil Procedure §437c(g), along with a proposed judgment.