Judge: Lee W. Tsao, Case: 23NWCV00067, Date: 2023-08-31 Tentative Ruling

Case Number: 23NWCV00067    Hearing Date: August 31, 2023    Dept: SEC

AMERICAN EXPRESS NATIONAL BANK v. GRANADOS

CASE NO.:  23NWCV00067

HEARING:  08/31/23

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Plaintiff AMERICAN EXPRESS NATIONAL BANK’s unopposed Motion for Summary Judgment is GRANTED. The alternative Motion for Summary Adjudication is MOOT.

Moving Party to give Notice.

No Opposition filed as of August 28, 2023. Due by August 17, 2023. (CCP §437c(b)(2).)

This collections action was filed by Plaintiff AMERICAN EXPRESS NATIONAL BANK (“Plaintiff”) on January 9, 2023. Plaintiff is seeking to recover payment “[f]or credit extended by Plaintiff to Defendant for purchases and/or cash advances by defendant and/or persons acting with Defendant’s permission on the American Express credit card account XXXX-XXXXXX-X6006. Plaintiff has performed all conditions precedent to brining this action or Defendant has waived them.” (Complaint, CC-1(b)(6).)

Plaintiff’s Form Complaint asserts the following causes of action: (1) Open Book Account; and (2) Account Stated.  

Plaintiff now moves for summary judgment or alternatively summary adjudication of all causes of action.

The following elements establish the existence of a book account: (1) detailed statement that is the principal record of one or more transactions between the debtor and creditor; (2) arises out of a contract or fiduciary duty; (3) shows the debts and credits against whom and in favor of whom; (4) is entered in the regular course of business; (6) is kept in a reasonably permanent form or manner; and (7) is on a sheet of sheets fastened in a book or is kept in any other reasonably permanent form and manner. (CCP §337a.) To state a cause of action for an open book account, Plaintiff must establish: “(1) the statement of indebtedness in a certain sum, (2) the consideration… and (3) nonpayment.” (Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460.) “A book account may furnish the basis for an action on a common count when it contains a statement of the debits and credits of the transactions involved completely enough to supply evidence from which it can be reasonably determined what amount is due to the claimant. [Citations.] A book account is described as ‘open’ when the debtor has made some payment on the account, leaving a balance due.” (Interstate Group Administrators, Inc. v. Cravens, Dargan & Co. (1985) 174 Cal.App.3d 700, 708.) A book account is a detailed statement of debits and credits on an account from which it can be reasonably determined what amount is due to the claimant. [Citations.]” (Interstate Group Administrators, Inc. v. Cravens, Dargan & Co. (1985) 174 Cal.App.3d 700, 708.)

An account stated is an agreement between parties that a certain sum shall be paid and accepted in discharge of an obligation. (R.E. Tharp, Inc. v. Miller Hay Co. (1968) 261 Cal.App.2d 81, 84.) The essential elements of an account stated are: (1) previous transactions between the parties establishing the relationship of debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express or implied, to pay the amount due.” (Leighton v. Forster (2017) 8 Cal.App.5th 467, 491.)

The following facts are undisputed:

·        On December 10, 2014, Defendant opened an American Express Blue Cash Preferred Account with an account number ending in 6006. (SS Nos. 1 and 13.)

·        Defendant used the account to pay for various goods and services and/or obtain cash advances. (SS Nos. 5 and 17.)

·        Defendant failed to make the required monthly payments on the account. (SS Nos. 7 and 19.)

·        Plaintiff maintained an accounting of all the credits and debits on the account in the form of billing statements that it generated and stored on its internal network and also sent to the Defendant every month. (SS Nos. 8 and 20.)

·        As Defendant has failed to make the required payments, the entire balance of $29,947.29 is now due on the account. (SS Nos. 11 and 23.)

The unopposed Motion for Summary Judgment is GRANTED.