Judge: Curtis A. Kin, Case: 22STCV16618, Date: 2023-02-16 Tentative Ruling

Case Number: 22STCV16618    Hearing Date: February 16, 2023    Dept: 72

MOTION FOR SUMMARY JUDGMENT

Date:           2/16/23 (9:30 AM)                 

Case:          Goldman Sachs Bank USA v. Yvanna Sanchez (22STCV16618)

TENTATIVE RULING:

Plaintiff Goldman Sachs Bank USA’s Motion for Summary Judgment is GRANTED.

A book account is “a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract . . . and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor . . . and is kept in a reasonably permanent form and manner . . . .” (CCP § 337a.)

Plaintiff Goldman Sachs Bank USA establishes that, pursuant to a loan agreement signed by defendant Yvanna Sanchez, plaintiff disbursed funds to defendant’s personal loan account. (UMF 1, 2, 5.) Plaintiff’s business records were updated with charges and payments on the loan in the regular course of business. (UMF 7.) From plaintiff’s business records, plaintiff provided statements to defendant. (Knudtson Decl. ¶ 7 & Ex. B.) The business records and statements generated therefrom were computerized and thus were kept in a reasonably permanent form and manner. (UMF 7; Knudtson Decl. ¶ 7 & Ex. B; Costerisan v. DeLong (1967) 251 Cal.App.2d 768, 771 [“Adverting to the broad language of section 337a of the Code of Civil Procedure, ‘kept in any other reasonably permanent form and manner,’ it seems manifest that the Legislature intended to adopt the liberal approach . . . in defining the term ‘book account’”].)

Plaintiff establishes that an unpaid balance totaling $31,005.54 remains on defendant’s personal loan account. (UMF 10.)

“A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.”  (CCP § 437c(p)(1).)       

For the foregoing reasons, plaintiff has established all the elements of an open book account cause of action. (Compl. CC-1(a)(1).) Therefore, the burden shifts to defendant to demonstrate a triable issue of material fact as to the sole cause of action for open book account. Because defendant failed to file an opposition, the Court finds that defendant fails to demonstrate any triable issue of material fact in this action.

The motion for summary judgment is GRANTED. The Court will sign and enter the proposed judgment, submitted October 7, 2022.