17-CIV-02325 AMERICAN EXPRESS BANK, FSB vs. ARNOUT TER SCHURE

AMERICAN EXPRESS BANK, FSB JANET L. BROWN

ARNOUT TER SCHURE dustin a. young

MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION

GRANTED. Plaintiff American Express Bank, FSB’s unopposed Motion for Summary Judgment is GRANTED. Code Civ. Proc. Sect. 437c.

· This is a collection action by which American Express seeks recovery of over $35,000 in unpaid credit card charges.

· Plaintiff has met its burden of presenting evidence demonstrating that Defendant Arnout Ter Schure aka Arnout F. Ter Schure entered into credit card agreements for accounts ending in 1009 and 2008 (see 12-1-17 Decls. of Mario Morales-Arias), incurred a debt to Plaintiff for those two accounts in the total amount of $35,328.21 ($11,758.30 for account ending in 1009, and $23,569.91 for account ending 2008), and Defendant has not paid the amounts due.

· Accordingly, the burden shifted to Defendant to come forward with evidence raising a triable issue of fact as to the asserted claim, which Defendant has not done. The motion is unopposed, and none of Plaintiff’s asserted material facts is disputed.

· Plaintiff’s Request for Judicial Notice as to JN1 and JN2 is GRANTED. Evid. Code Sect. 451(a), 452(a)-(b).

· Plaintiff shall submit a proposed Judgment for the Court’s signature in the amount of $35,328.21. Plaintiff’s request for costs should be made by complying with CRC 3.1700.