Judge: Elaine W. Mandel, Case: 21SMCV01663, Date: 2022-08-23 Tentative Ruling

Case Number: 21SMCV01663    Hearing Date: August 23, 2022    Dept: P

Tentative Ruling
Wells Fargo Bank, N.A. v. Malibu Marketing, LLC, Case No. 21SMCV01663
Hearing Date August 23, 2022
Plaintiff Wells Fargo’s Motion for Summary Judgment (UNOPPOSED)

Background/Analysis
This is a collections action, with plaintiff Wells Fargo seeking to recover unpaid debts from defendants. Wells Fargo argues all admissible evidence indicates the debt is owed and outstanding, and that defendants have no defense to Wells Fargo’s claim. On this basis, Wells Fargo moves for summary judgment. The motion is unopposed.

To fulfill its initial burden on summary judgment, a plaintiff need do is prove each element of the cause of action. WRI Opportunity Loans II, LLC v. Cooper (2007) 154 Cal.App.4th 525, 532.

Wells Fargo presents evidence that it extended credit to defendants, which defendants agreed to repay. WF Separate Statement (WFSS) 1. Wells Fargo provides further evidence that defendants did not make required monthly payments, despite providing notice to defendants. WFSS nos. 3-6. WF’s evidence also indicates defendants P. Bieler and R. Bieler guaranteed the other defendants’ credit card account. Id. nos. 7-10. This evidence is sufficient to meet Wells Fargo’s summary judgment burden. Defendants do not oppose the motion, and therefore cannot carry their burden to show a triable issue of material fact. Summary judgment is appropriate.

GRANTED.